I-751 Waivers

Former INS Attorney Carl Shusterman (1976-82) explains what you should do if you marriage ends in divorce before before your two-year green card expires.Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

Generally, you and your US citizen spouse must submit a joint I-751 petition within the 90 day period before your green card expires.  However, if your marriage ends in divorce, be ready to file a I-751 waiver of the joint petition requirement as soon as the divorce is final, but before your two-year green card expires.

Include a detailed affidavit explaining the history of your relationship and explain why your marriage ended in a divorce.  If your ex-spouse if willing, have him/her submit an affidavit explaining that the marriage was based on love and was not just for the purpose of sponsoring you for a green card.

If your ex-spouse is not willing to submit an affidavit, get affidavits from your ex-spouse's parent, brothers, sisters or other close relatives or friends.

Also, include evidence that you lived together and that you possessed joint property.  Especially useful are joint income tax returns, leases, checking and bank accounts, credit cards, insurance policies, etc.

Don't forget to submit wedding photos, as well as photos of your vacations, day to day activities and social media like Facebook, Twitter, Google+ as well as e-mail and text messages to and from your ex.

Finally, if you had a child together, include his/her certificate of birth.

Expect to undergo an hour-long interview with an USCIS examiner.  Before your interview, go over the information that you submitted and make sure that you are familiar with whatever you submitted.

At your interview, you must:

1) Tell the truth, even if it is uncomfortable for you;
2) Do not volunteer information not requested by the examiner;  and
3) If you cannot remember a certain date or fact, it is always better to say "I don't remember" than to guess.  This is not the "Jeopardy" TV show.

If your I-751 is approved, you will receive a 10-year green card.

If your I-751 is denied, you will be put into removal proceedings in Immigration Court.  Remember that you can renew your I-751 waiver petition before the Immigration Judge.

For more information, please see our I-751 Waiver page at http://shusterman.com/i751waiverwhereamarriageendsindivorce.html