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I-751 Divorce Dilemma

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  • I-751 Divorce Dilemma

    Hello everyone,

    My Fiance has been seperated from her current spouse for about a year now, legally they are still married and we are in process of filing their dissolution of marriage and we're planning on marrying in May of this year. The problem is that she petitioned with him when they had first married and her green card is about to expire in a few weeks. The divorce will not be final before it expires, and we're not sure if she needs to file the I-751, or since she's divorcing him and marrying me do we need to start the entire process over again with me as the petitioner.

  • #2
    Hello everyone,

    My Fiance has been seperated from her current spouse for about a year now, legally they are still married and we are in process of filing their dissolution of marriage and we're planning on marrying in May of this year. The problem is that she petitioned with him when they had first married and her green card is about to expire in a few weeks. The divorce will not be final before it expires, and we're not sure if she needs to file the I-751, or since she's divorcing him and marrying me do we need to start the entire process over again with me as the petitioner.

    Comment


    • #3
      You will need to start the process over again, with you as the petitioner. Given that your marriage will be her second involving an immigration-related petition, you should expect...and be prepared for...extra-vigilant scrutiny from USCIS.

      Comment


      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by dgoodman4521:
        Hello everyone,

        My Fiance has been seperated from her current spouse for about a year now, legally they are still married and we are in process of filing their dissolution of marriage and we're planning on marrying in May of this year. The problem is that she petitioned with him when they had first married and her green card is about to expire in a few weeks. The divorce will not be final before it expires, and we're not sure if she needs to file the I-751, or since she's divorcing him and marrying me do we need to start the entire process over again with me as the petitioner. </div></BLOCKQUOTE>


        She will have the option of going either way. her decision will not impact your marriage.

        I would suggest that she file the I-751 waiver after she gets her final divorce decree based on good faith marriage. If for some reason that petition would get denied, then you could file a petition for her providing that you are a USC. Her first marriage will have to be proved to have been bonafide and in good faith before your application can be approved anyway, so filing I-751 waiver to remove conditions is smartest route to go.

        Comment


        • #5
          I agree with 4now.

          Her best option would be to file the I-751 and request to waive the joint filing requirement as soon as her divorce is finalized. She will need to prove that the marriage was entered in to in good faith and dissolved naturally. She can also make an infopass appointment after filing for an extension of her status.
          **************************************
          The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

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          • #6
            This appears to be the latest interpretation.
            Basically she should file the I-751 now based on the current marriage
            This used to be impossible.
            I advise your fiancee to consult an immigration lawyer.
            http://www.ilw.com/articles/2009,0924-lee.shtm

            Comment


            • #7
              If you chose the second option, you will be placed in removal proceedings.

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