QUESTION

If my i751 was denied on July 22, 2013 because my wife was not present for the interview, I want to know what to do next?

Asked on Aug 20th, 2013 on Immigration - California
More details to this question:
I stay in Florida, she lives in Colorado. She decided she doesn't want to be with me anymore. She has a new man. She wants a divorce from me. We have 2 kids together. Can I marry someone else or can't I refiled my i751 with my divorce paper? What can I do? I'm also paying health insurance for her and the kids still. Can I now marry my new girlfriend who is a US citizen?
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4 ANSWERS

Immigration Law Attorney serving San Francisco, CA at Law Offices of S. Ouya Maina
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Once you are divorced refile the I751 and ask for the good faith waiver.
Answered on Sep 05th, 2013 at 4:43 PM

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You should be able to get your 10-year green card.
Answered on Sep 05th, 2013 at 4:43 PM

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Getting married to your new girlfriend might be a viable option - but only after your divorce your wife, please (don't laugh, some people actually forget to do that part). Re-filing I-751 with a divorce decree will likely get you served with a notice to appear before the Immigration Court for removal proceedings. Solution for your problem isn't that simple, and I can't teach you, in a series of e-mails, how to do what it took me a law degree and years of apprenticeship to learn. If you really want to stay in the U.S., do yourself a favor - retain an immigration attorney.
Answered on Sep 05th, 2013 at 4:43 PM

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Adebola O. Asekun
You can re-file the I-751, this time with a request to waive the joint filing requirement, under one or the other provisos of the I-751 since she is refusing to join you in filing that petition. However, I seriously believe you should consult with an experienced lawyer. A denied I-751 almost invariably will result in the termination of your green card status as well as the initiation of your removal proceedings
Answered on Sep 05th, 2013 at 4:43 PM

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