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I-751 Waiver Where a Marriage Ends in Divorce

I-751 waiver What happens if your marriage ends in a divorce before your conditional permanent residence (CPR) expires?

You should submit an I-751 waiver to the USCIS as soon as your divorce becomes final.

Most foreign-born persons who marry U.S. citizens apply for a green card in order to remain in the U.S. with their spouse. In order to become a permanent resident, they must first file for a 2-year conditional green card, and then submit form I-751 to apply to remove the condition and obtain a 10-year green card.

But what if your marriage ends in divorce or annulment before the 2 years are up? Can you still keep your green card? Will you be deported?

In this video, Immigration Attorney Carl Shusterman (former INS Trial Attorney 1976-82), whose law firm has prepared hundreds of successful applications over the past 28 years, explains how to prepare and submit an I-751 waiver if your marriage has ended before the 2 years are up. The key is to document your I-751 waiver as completely as possible. Include proof of joint assets, income tax returns and, if possible, detailed affidavits from your former spouse and his/her parents.

 

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Expect to be interviewed at length by an USCIS immigration examiner concerning the validity of your marriage. Should your I-751 be denied, you may renew it before an Immigration Judge in removal proceedings.

I-751 Waiver Resources

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