QUESTION
Can my husband file the i1751 waiver before the divorce is final?
Asked on Aug 12th, 2011 on Immigration - Florida
More details to this question:
Can my husband file the i751 waiver before the divorce is final if their is no abuse charge?
11 ANSWERS
Immigration Law Attorney serving New York, NY
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Oltarsh & Associates, P.C.
Under the current regulations you can file a removal and waiver even if a divorce is not final. However, the USCIS may ask for the divorce and give limited time to respond, so it should be in process when filed.
Answered on Sep 08th, 2011 at 1:00 PM
Immigration and Nationality Attorney serving Chicago, IL
at
Simvisa
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There are several waivers to the joint filing requirement on the I-751, including marriage in good faith ending in divorce, spousal abuse, and extreme hardship. Timing and proper filing are very important in these cases, as is thorough documentation.
Answered on Sep 08th, 2011 at 11:12 AM
Intellectual Property Attorney serving Menlo Park, CA
at
Sheppard Mullin
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No waiver can be filed before the divorce is final.
Answered on Sep 07th, 2011 at 11:32 AM
Immigration & Naturalization Attorney serving Seattle, WA
at
Julian & Chin, LLP
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Yes he can file but he will have to have the divorce finalized prior to final adjudication of the I-751.
Answered on Sep 07th, 2011 at 11:32 AM
Immigration Attorney serving Chicago, IL
at
Kriezelman Burton & Associates, LLC
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He may file the waiver but the divorce must be final before the I-751 waiver can be approved.
Answered on Sep 07th, 2011 at 11:18 AM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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The I-751 can be filed, but the divorce must be finalized and the officer convinced of the bona fides of the marriage to approve the case.
Answered on Sep 07th, 2011 at 10:52 AM
Yes, you can file the I-751 while your divorce is pending. USCIS will eventually request it, so be ready to provide it.
Answered on Sep 07th, 2011 at 10:44 AM
Bankruptcy Attorney serving Santa Ana, CA
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Law Offices of David L. Smith
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Must be filed within the 90 days before the expiration of the two years from the date of the conditional resident card.You may file it togather or you may file it and request a waiver to file without him.
Answered on Sep 07th, 2011 at 10:05 AM
You should consider whether it's best to file a self petition after the divorce is final. If you are divorced, a joint petition must be denied. You should consider hiring an experienced immigration attorney before the matter is complicated by immigration court.
Answered on Sep 07th, 2011 at 10:00 AM
No, he must wait until the divorce is final to a I-751 waiver.
Answered on Sep 07th, 2011 at 8:45 AM
Contract Negotiations Attorney serving Miami Lakes, FL
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Florido & Associates, P.A.
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You should wait until its final because you will need to include the divorce with your application.
Answered on Sep 07th, 2011 at 6:23 AM