Found an issue on this page? Let us know and we will look into it as soon as possible.
Pending I751 & Divorce
Anonymous7 views3 answers
I have a pending I751, submitted four months ago. My husband just filed for divorce and based on what I have read, I now have to send a letter to USCIS explaining what went wrong in my marriage and a new I751 filed as a waiver. My questions are: should I send a copy of the divorce papers as well or just mention the case management date in the letter and do I need to resubmit the supporting documents sent with the original I751?
You need to submit documents to show that you qualify for a waiver of joint filing bc you 1) married in good faith and your marriage was 2) terminated thru divorce ( so submit the final divorce documents) , AND you will suffer 3) Extreme hardship if you are returned to your country of origin. YOU must support each of these three prongs with documentary submissions. I strongly suggest you find a good attorney to help you now, bc if you do not succeed with USCIS, you will be referred to the Immigration court for removal proceedings, where an attorney will cost more, the case will be more contentious, and everything will be more stressful and take longer.
Guillermo Hernandez O.Immigration AttorneyLittle Rock, AR ·
The previous answer to your question is correct. However, if I understand correctly, your divorce is not yet final, it has just been filed. Therefore, since your I-751 is pending, and you are still married, I will wait until the divorce is final since in reality there is still a possibility you may get back together. This will give you time to hire an experienced attorney
