ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 7 of 7

Thread: I-751 Divorce Dilemma

  1. #1
    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. #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.

  3. #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.

  4. #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.

  5. #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

  6. #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

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

Similar Threads

  1. I-751 after divorce
    By indianinus786 in forum Immigration Discussion
    Replies: 27
    Last Post: 10-07-2009, 11:37 PM
  2. Dilemma regarding I 751
    By vensai in forum Immigration Discussion
    Replies: 5
    Last Post: 01-11-2007, 06:01 PM
  3. divorce & I-751
    By Mrs. lonely heart in forum Immigration Discussion
    Replies: 11
    Last Post: 04-28-2006, 10:08 AM
  4. I-751 and divorce
    By Chandra in forum Immigration Discussion
    Replies: 48
    Last Post: 03-29-2005, 09:42 AM
  5. 751 and Divorce.
    By in forum Immigration Discussion
    Replies: 11
    Last Post: 09-24-2002, 10:22 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: