My friend got married to US citizen and got two year conditional green card. Now After married for year and half, he is not happy with his citizen wife. His wife get irritated and frustrated on him on small things. If he decided that to divorce her based on that he is not happy with her, will it be problem for him to get i751 waiver approved? I mean does it always has to be fault based divorce?
If it does at all, it will be due to the foreign national seeking the I-751 removal of conditions with a waiver of the joint filing requirement convincing USCIS of having entered the marriage in "good faith" at its inception and not for the sole purpose of "procuring" himself a green card..
Real marriages entered into "for life" or "until death us part" are not supposed to be broken just because one of the spouses "get irritated and frustrated on him on small things" and on simply not "being happy" with one another? Shouldn't they try to work out these seemingly minor problems that every married couple encounters sooner or later, if this is indeed a real marriage?
I don't know about the state you are in, but here in California a "no fault" divorce state, "irreconcilable differences" is (almost) always the grounds for divorce, which is enough for obtaining the divorce with even the other party opposing, but that will certainly not be enough, in and of itself, for obtaining the I-751 waiver.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
No, as long as he can demonstrate that the marriage was bona fide.
What happens if his marriage ends in a divorce before his conditional permanent residence (CPR) expires?
He should submit an I-751 waiver to the USCIS as soon as his divorce becomes final.
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
He will have to submit a waiver of the joint filing requirement, and convince USCIS that the marriage was entered into good faith and not for the purpose of obtaining the green card. Your friend should consult with an immigration attorney to assist in preparing the I-751 application.
The fact that the divorce was 'no-fault' is completely irrelevant.
Did they try to 'save' the marriage by going to counseling? This is a very, very helpful factor when he files the I-751 waiver.
Also important is whether or not they merged their bank accounts, credit cards, insurance and other things that married couples 'normally' do after marriage.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
I agree with the other lawyers here. Find a Maryland immigration lawyer to help prepare the I-751 in order to ensure that all necessary documentation is provided. There is a lot at stake and the government is very suspicious of marriages entered into fraudulently for the sole purpose of immigration benefits.
Maryland Immigration Lawyer - Simple flat fee, contingency fee, and hourly arrangements available. This answer is being given for general informational purposes only and is not protected by the attorney-client privilege since this is a public forum. The information provided does not create an attorney-client relationship. No communications with me on this forum shall be construed to form an attorney-client relationship.
Yes, it can get approved with a no fault divorce. The central issue will be whether the marriage was entered into in good faith. Many factors determine that. Your friend needs a lawyer to process the case, these cases are not simple.
Due to the nature of this forum, Attorney Maria J. Marty does not have all the information required to provide legal advice. Accordingly, her responses on Avvo are intended as general and not legal advice.
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