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What Happens if I File for Divorce after Filing an I-751 Petition?

What Happens if I File for Divorce after Filing an I-751 Petition?

PUBLISHED ON: January 27

Navigating the U.S. immigration process can be complex, especially when personal circumstances evolve unexpectedly. If you obtained your lawful permanent resident status through marriage and your marriage lasted less than two years at the time of approval, your Green Card is conditional. To transition from a conditional permanent resident to a lawful permanent resident, you are required to file Form I-751, Petition to Remove Conditions on Residence.

The I-751 petition is crucial in demonstrating that your marriage was genuine and not simply entered into for immigration purposes. However, life doesn’t always go as planned. If you and your spouse file for divorce after submitting the I-751 petition, it can complicate your case. 

Understanding the implications and knowing how to proceed is essential for protecting your status in the U.S.

The Role of the I-751 Petition in Immigration

The purpose of the I-751 petition is to remove the conditions placed on your residency. Conditional Green Cards are issued to individuals whose residency is based on a marriage of less than two years, ensuring that only bona fide marriages receive permanent immigration benefits. Generally, this petition is filed jointly by both spouses within 90 days before the Green Card’s expiration date.

If your petition is approved, you will receive a 10-year Green Card, granting you legal permanent residency. Filing the I-751 jointly with your spouse is the standard process. When divorce enters the equation, however, this process changes significantly, requiring additional steps to preserve your status.

Divorce and the Impact on Your I-751 Petition

Filing for divorce after submitting Form I-751 introduces unique challenges, as the original joint petition is no longer valid once the relationship dissolves. U.S. Citizenship and Immigration Services (USCIS) requires petitioners to prove their marriage was genuine and not entered into solely for immigration benefits. If USCIS questions the authenticity of your marriage, it could lead to delays or even denial of your petition.

To address this situation, you may request a waiver of the joint filing requirement. This waiver allows you to proceed with the I-751 petition on your own. However, approval of the waiver depends on providing compelling evidence that the marriage was entered into in good faith. Documentation such as joint property ownership, financial records, photos, correspondence, and evidence of cohabitation may be required to support your case.

Practical Advice for Navigating Divorce during the I-751 Process

If you find yourself in this complex scenario, here are some practical tips to move forward:

  1. Notify USCIS Immediately – Inform USCIS about your marital status change and state your intent to proceed with a waiver. Waiting too long to disclose this could harm your case.
  2. Gather Evidence of Good Faith Marriage – Compile all relevant documents and evidence that demonstrate the authenticity of your relationship. This includes joint accounts, photos, and affidavits from friends and family.
  3. Seek Legal Representation – Filing an I-751 waiver after divorce is a delicate process. An experienced immigration attorney can guide you, ensuring that all necessary documentation is submitted and that your rights are protected throughout the process.
  4. Prepare for a Potential Interview – Waiver-based I-751 petitions often require in-person interviews, where you’ll need to articulate the validity of your marriage. Legal preparation is key to navigating this stage successfully.

How Sverdloff Law Group Can Help

At Sverdloff Law Group, we understand that immigration cases involving divorce can feel overwhelming and uncertain. Our experienced attorneys are here to help you every step of the way. We offer personalized strategies tailored to your unique circumstances and ensure your case is presented in the most compelling manner possible.

If you’re facing divorce after filing an I-751 petition, don’t face this challenge alone. Contact us today for a consultation. We’re committed to helping you protect your immigration status and move forward confidently with your life in the United States.

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