I-751 Waiver Where a Marriage Ends in Divorce

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I-751 Waiver Where a Marriage Ends in Divorce

• Immigration Attorney Carl Shusterman

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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

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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

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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

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Purpose of I-751 Waiver

• Proof that Marriage was Bona Fide
• Marriage Based on Love, Not Just for GC
• Cooperative Ex-Spouse?

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How to Document Your Waiver

• Proof of Living Together
• Joint Assets
• Affidavits

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Consequences of I-751 Denial

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

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Do You Need An Attorney?

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

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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