I-751 seeking waiver can be filed only after the divorce is finalized. Procedural issues regarding pending divorce, seeking withdrawal of the jointly filed petition, etc. should be discussed with a competent attorney.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.
Yes, you should convert it to a waiver if it is not approved prior to your divorce. You will have to prove that your marriage was bona fide.
(213) 394-4554 x0 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.
You could face problems at a later time in your immigration process.because of the pending divorce. You could convert. Seek consultation with an experienced attorney. Best Wishes!
13295 Illinois St., Ste. 128
Carmel IN, 46032
Ph: (317) 660-6174