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  • Filing I-751

    Hi,

    I got married in 2011 and got my GC same year. now it is time to file I-751(expires in October) but now my husband and I are separated. We haven't file for divorce yet but it seems like he really wants to get divorce. We have a 3 years old baby and if we file a divorce now it will take time to get finalized. So, my question is how can i file a waiver in my application if i don't have a divorce decree. help please...

  • #2
    While you can file the I-751 with a waiver of the joint filing requirement before getting a divorce, you have to prove extreme hardship. That is very difficult. Technically, even if you and your husband are separated, you can still file a joint petition if he is willing to cooperate. If he does file a divorce later or it’s finalized and USCIS requests an interview or documents, you can submit the divorce decree then. This is a complex issue and it would be worth it to talk to a competent immigration attorney who has experience with I-751’s.

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