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I-751 without my daughter's father signature

Oxford, FL |

My husband and I lived as a couple for 8 years before we got married and in 2011 he became US citizen and never allowed my name on any assets for being extremely controlling. Last October/2012, 10 months after I received my conditional residency he made me to move out and said he wanted divorce. He served me divorce papers only in February/2013 and also refuses to sign the form i-751. After our separation I found out he had another woman. In May/2013 I was granted temporary custody of our 9 year old daughter . What is the first step if I am still in divorce proceedings to apply for the waiver? He is hiding assets and let our house go on foreclosure. My green card expires on December/2013. Can a apply for waiver before divorce is final?

My marriage was in good faith and I am going to therapist to cope and also went to divorce care at church. We have a 9 year old daughter together, that should proof that we consummated our union way before we signed a piece of paper!!! This was NOT a sham marriage!!!!!!! The problem is that I loved a man too controlling!!!! This website shows what to send with I-751 if I am in the middle of divorce: •A copy of the divorce decree or annulment document that ended your marriage (if available; if not, evidence that the divorce proceedings are underway)

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Attorney answers 3


You need the divorce to be final in order to apply without your spouse. You should hire an immigration attorney as soon as possible to help you.

Alexus P. Sham (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


I agree with Mr. Sham. You can request a waiver of joint filing requirement, but you must have divorce judgment before you can file the I-751 petition. You need to document that you entered your marital relation in good faith and that the failure of your marriage was not your fault. You should consult an experienced immigration attorney immediately because some of the document that could be helpful can negotiated with your husband during the divorce proceeding when you try to reach a settlement agreement. Once the divorce is final, it would be so difficult to get any kind of cooperation from your ex-husband. Best of luck to you.

Law Office of Brian H. Lee, San Jose, California, 408.246.6710 This is general information, not legal advice. This does not establish any attorney client relationship.


It's 'likely' that you do best filing after divorce. It may be difficult to prove that he was abusive to the satisfaction of USCIS without a court order to that effect.

You may consider an order of protection with a divorce attorney; it may help restore some shelter if you need it depending upon the facts.

Either way, you should consider hiring a competent and experieced immigration attorney to help with the I-751 documentation process. Good luck.

This is general information, not legal advice, and does not create an attorney client relationship.