QUESTION
How can I have my wife sign my I-751 form before getting a divorce?
Asked on Feb 17th, 2012 on Immigration - Georgia
More details to this question:
Am married to a US citizen and she is refusing to sign my I-751 form. We have had a good marriage, but I got a new job and move to another state and we still were getting stronger at the beginning of my moving. But after a month she changed totally for no reasons, always treating me with divorce and all that. Now, what can I do?
9 ANSWERS
Immigration Law Attorney serving Hialeah, FL
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Hernandez & Suarez, PL
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If you wife does not sign and you get a divorce, then you most present a waiver at the time of the interview with enough supporting evidence to prove that your marriage was valid at inception and was never a sham (fraud). If you can do that, even when you have gotten a divorce, you can still receive your permanent resident's card.
Answered on Feb 27th, 2012 at 4:08 PM
If you are still married and the marriage is bona fide, you need to submit the form jointly and timely. If you are going to get a divorce, you can file on your own, waiving the joint filing on the basis of divorce but the divorce has to be final.
Answered on Feb 27th, 2012 at 3:56 PM
Leon Wildes
If you lived together as man and wife sincerely, you can let him get the divorse ndd file alone based on the divorce to remove the contition to your residence and he need not sign with you. See a lawyer.
Answered on Feb 27th, 2012 at 3:30 PM
You may be able to file for an I-751 waiver.
Answered on Feb 27th, 2012 at 12:03 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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Divorce, and then file the I-751 requesting a waiver of the joint filing requirement based on a good faith marriage. Consult with an immigration attorney.
Answered on Feb 27th, 2012 at 10:46 AM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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You can try to file your application alone based on a good faith marriage. Use a competent immigration attorney in your area. Under NO circumstances should you ask your wife to lie for you. This leads to very bad scenarios for you both later down the line.
Answered on Feb 27th, 2012 at 10:22 AM
Rebecca T White
The timing of the I-751 can be difficult if you are still married and may or may not get a divorce. I suggest that you set a consultation appointment with an immigration attorney to decide how to best handle your situation. It is not clear to me from your question if your wife moved with you or not when you got the new job. A consultation should help you decide how to best move forward with the I-751, and with the divorce if you decide that is your best option.
Answered on Feb 27th, 2012 at 10:18 AM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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If she refuses to sign your I-751, you should divorce her ASAP. After the divorce becomes final, you can file I-751 yourself. It is called waiver of joint petition. If you can prove your marriage is not a sham marriage for immigration only, USCIS should approve your I-751. If you do not divorce her, you will be in a very bad situation after your two year green card expired.
Answered on Feb 27th, 2012 at 10:14 AM
Sorry to hear about the problems with your marriage. Generally, a Conditional Resident must timely file a Form I-751 petition to remove condition during the relevant 90-day period, and this must be done jointly by the Conditional Resident and his/her spouse. If the couple becomes divorced, however, the Conditional Resident has an opportunity to file the petition him/herself with a request for a waiver of the usual obligation to file jointly, and this may be done before that 90-day period. To succeed, it will be necessary to provide sufficient documentary evidence to persuade a skeptical USCIS adjudicating officer that the couple had been living together in a bona fide marriage notwithstanding that the marriage ultimately ended in divorce.
Answered on Feb 27th, 2012 at 10:12 AM