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  • I - 751 Waiver Where A Marriage Ends in Divorce

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    Carl Shusterman
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    http://www.shusterman.com This presentation 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

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    http://www.shusterman.com This presentation 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

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    9 views9 pages

    I - 751 Waiver Where A Marriage Ends in Divorce

    Uploaded by

    Carl Shusterman
    http://www.shusterman.com This presentation 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

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    of 9

    I-751 Waiver Where a

    Marriage Ends in Divorce

    Immigration Attorney Carl Shusterman

    Conditional Residence
    History: Prior to 1986
    1986: 2-Year Green

    Cards
    Green Cards Based on
    Marriage to USC/LPR
    Marriage is Less Than
    2-Years Old

    I-751 Turns 2-Year into 10-Year Card


    Spouses File Form I-751 Jointly
    90 Day Period Before End of 2 Years
    Must Submit Proof of Bona Fide Marriage
    Usually, No Interview Required

    I-751 Waiver: Divorce or Annulment


    Waiver of Joint Petition

    Requirement
    Can Be Filed ASAP after
    Divorce
    File Prior to the Expiration
    of 2-Year Green Card
    Interview Usually
    Required

    Purpose of I-751 Waiver

    Proof that Marriage was Bona Fide


    Marriage Based on Love, Not Just for GC
    Cooperative Ex-Spouse?

    How to Document Your Waiver


    Proof of Living Together
    Joint Assets
    Affidavits

    Consequences of I-751 Denial

    Removal Proceeding

    Before Judge
    Ability to Renew I-751
    Appeal to BIA if
    Necessary
    Section 204(c) Penalty

    Do You Need An Attorney?


    Not Usually Necessary for Joint Petition
    Necessary for I-751 Waiver
    20-30 Exhibits
    Preparation of Testimony/Witnesses

    I-751 Waiver Resources on


    www.shusterman.com
    We link to the I-751 form and instructions
    We link to the USCIS Memos on 751 Waivers
    We link to Federal Court Decisions

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