Can my husband file the i1751 waiver before the divorce is final? 14 Answers as of September 12, 2011

Can my husband file the i751 waiver before the divorce is final if their is no abuse charge?

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All American Immigration
All American Immigration | Tom Youngjohn
There is not the same deadline for filing an I-751 when there has been a divorce. So I would recommend getting the divorce as soon as possible, documenting the marriage, get a letter supporting keeping the green card from the divorce US citizen spouse, and filing the I-751 after the divorce is final. It's always smart to get a second opinion.
Answer Applies to: Washington
Replied: 9/12/2011
Oltarsh and Associates, PC
Oltarsh and Associates, PC | Jennifer Oltarsh
Under the current regulations you can file a removal and waiver even if a divorce is not final. However, the USCIS may ask for the divorce and give limited time to respond, so it should be in process when filed.
Answer Applies to: New York
Replied: 9/8/2011
Matthew I. Bernstein, Attorney At Law
Matthew I. Bernstein, Attorney At Law | Matthew Ian Bernstein
There are several waivers to the joint filing requirement on the I-751, including marriage in good faith ending in divorce, spousal abuse, and extreme hardship. Timing and proper filing are very important in these cases, as is thorough documentation.
Answer Applies to: Illinois
Replied: 9/8/2011
Law Offices of Chen & Associates
Law Offices of Chen & Associates | Wen Chen
You have to finalize the divorce to file I-751.
Answer Applies to: Texas
Replied: 9/7/2011
Baughman & Wang
Baughman & Wang | Justin X. Wang
No waiver can be filed before the divorce is final.
Answer Applies to: California
Replied: 9/7/2011
    Julian & Chin LLP
    Julian & Chin LLP | Larry F Chin
    Yes he can file but he will have to have the divorce finalized prior to final adjudication of the I-751.
    Answer Applies to: Washington
    Replied: 9/7/2011
    Joseph Law Firm
    Joseph Law Firm | Jeff Joseph
    Yes. He can file the 751 before the divorce is final as long as he can demonstrate through objective evidence that the marriage was entered into in good faith, but he will get a request for evidence for the divorce decree and will be given 87 days to produce the divorce decree. If he is unable to produce the divorce decree the I-751 will be denied and he will be placed in removal proceedings. As long as he can produce the divorce decree and provide evidence that the marriage was entered into in good faith during the removal proceedings, the 751 will be granted by the immigration judge and he will receive his 10 year unconditional lawful permanent residence.
    Answer Applies to: Colorado
    Replied: 9/7/2011
    Kriezelman, Burton & Associates | Matthew Scott Kriezelman
    He may file the waiver but the divorce must be final before the I-751 waiver can be approved.
    Answer Applies to: Illinois
    Replied: 9/7/2011
    Fong & Associates
    Fong & Associates | William D. Fong
    The I-751 can be filed, but the divorce must be finalized and the officer convinced of the bona fides of the marriage to approve the case.
    Answer Applies to: Texas
    Replied: 9/7/2011
    Verdin Law Firm, LLC
    Verdin Law Firm, LLC | Isaul Verdin
    Yes, you can file the I-751 while your divorce is pending. USCIS will eventually request it, so be ready to provide it.
    Answer Applies to: Texas
    Replied: 9/7/2011
    Law Offices of David L. Smith
    Law Offices of David L. Smith | David Lee Smith
    Must be filed within the 90 days before the expiration of the two years from the date of the conditional resident card.You may file it togather or you may file it and request a waiver to file without him.
    Answer Applies to: California
    Replied: 9/7/2011
    The Law Office Kevin L. Dixler
    The Law Office Kevin L. Dixler | Kevin Lawrence Dixler
    You should consider whether it's best to file a self petition after the divorce is final. If you are divorced, a joint petition must be denied. You should consider hiring an experienced immigration attorney before the matter is complicated by immigration court.
    Answer Applies to: Illinois
    Replied: 9/7/2011
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    No, he must wait until the divorce is final to a I-751 waiver.
    Answer Applies to: California
    Replied: 9/7/2011
    Hugo Florido ESQ.
    Hugo Florido ESQ. | Hugo Florido
    You should wait until its final because you will need to include the divorce with your application.
    Answer Applies to: Florida
    Replied: 9/7/2011
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