Applied i751 joint in October and still processing. Caught my wife cheating on me and will start a divorce in the next few days.
Do I need to apply a new I751? Or send an update to the to convert to a waiver?
You should use a lawyer because these cases are now getting heavier scrutiny due to increases in fraudulent petitions. Good luck.
I am not your attorney and don't know anything about your problem. Do not rely on my response other than as information used to hire an actual attorney.
It is possible to request that a petition originally filed as a joint filing be converted to a divorce waiver, but the mechanics and timing of doing so can be tricky. Most often, we request the change for our client at the interview, but officers are often not familiar with the policy memorandum that allows this change, and they need to be educated. Also, a divorce waiver cannot be approved if the divorce is pending, but not finalized, so this factors into the timing and legal strategy. Finally, as my colleague above pointed out, USCIS is taking a more aggressive position on adjudications of I-751 waivers lately. We often see requests for evidence that are not grounded in the law, but self-filers don't know their rights and where they can fight back. These requests are essentially designed to scare you into giving up when you don't have what they are asking for. The best way to protect your legal position in connection with an I-751 waiver is to hire a knowledgeable and aggressive attorney.
Answers provided by Ksenia Maiorova, Esq. on Avvo.com are of a general nature and do not constitute legal advice.
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