QUESTION
Can you file for divorce while processing an I-751?
Asked on Aug 08th, 2011 on Immigration - Florida
More details to this question:
Can you file for divorce while processing a I-751. I just found out my husband has been cheating this whole marriage. We have been married for almost 3 years now and right after filing for conditions to be removed, MULTIPLE people and women have exposed him as a cheater to me and I seriously do not believe that our marriage is now "true". What can I do at this point?
6 ANSWERS
Criminal Defense Attorney serving New York, NY
at
Law Offices of Nicklaus Misiti, PLLC
Update Your Profile
Yes you can divorce him.
Answered on Jun 07th, 2013 at 12:37 AM
LCA Audits and Investigations Attorney serving Houston, TX
at
Fong Ilagan
Update Your Profile
You can divorce him and send notice to the USCIS regarding your concerns about the validity of your marriage. Provide details and he will need to go to the interview without you.
Answered on Sep 07th, 2011 at 10:51 AM
Bankruptcy Attorney serving Santa Ana, CA
at
Law Offices of David L. Smith
Update Your Profile
Notify the INS that you believe this to be a schame marriage and you were duped into the marriage.
Answered on Sep 07th, 2011 at 10:34 AM
Business Litigation Attorney serving Chicago, IL
at
Law Offices of Peter Y. Qiu
Update Your Profile
You can retain a lawyer to seek his/her consultation so that he/she may help you take an action in your best interest.
Answered on Sep 07th, 2011 at 8:21 AM
So sorry to hear about the problems with your husband and your plan to seek a divorce. In general, one must file a joint Petition to Remove Condition (I-751), based upon continuing to reside together as a married couple, or one must file a Petition to Remove Condition with a request for a waiver of the usual requirement that the I-751 be filed jointly, based upon the existence of a final divorce decree. It would be wise to consult with an immigration attorney about the Removal of Condition (and to a domestic relations attorney about your rights relating to termination of your marriage).
Answered on Sep 07th, 2011 at 6:49 AM
Contract Negotiations Attorney serving Miami Lakes, FL
at
Florido & Associates, P.A.
Update Your Profile
Yes, you can file for divorce. If the I-751 has not adjudicated you maybe required to re file after you obtain the dissolution of marriage.
Answered on Sep 07th, 2011 at 6:24 AM