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Filled I-751 and now entering divorce

Los Angeles, CA |

Married 2/4/10 and filled I-751 on 7/17/2012 and waiting decision with an extension granted for CR for work and travel while the case is being reviewed. The marriage was entered in good faith and the divorce is mutual. We've both come to this point because of serious health issues and recent surgeries this past year have put a strain on the marriage and we've decided to go our separate ways. Do I need to contact USCIS about the divorce? Will filing for divorce before the I-751 is approved mean that it needs to be re-filled with waivers, withdrawn or be rejected? Will my CR extension be terminated preventing me from work or travel over the holidays to see family? How much time do I have to make changes or work with an attorney? Thank you in advance.

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Attorney answers 3


Don't travel outside the U.S. and hire an attorney as soon as possible.


The 751 will not be granted. You need to refine independent of your spouse. You will be required to submit evidence that your marriage was entered into with good intentions and you will need to be divorced before you file. It is suggested you retain an experienced immigration attorney to assist you.


You need to file an I-751 joint petition waiver as soon as your divorce is final. Please see

Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His 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.