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Immigration Issues/interview for an i-751 without my husband

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Question
i came to the states with a k-1 visa,got married and was given a conditional green card which expired feb 2010.i applied for a waiver using 1-751 which i filed jointly.Currently,am separated from my husband who is the currently processing a divorce.i just received a letter from uscis stating i need to come with him for my interview and since we are no longer in good terms and he does not want anything to do with me any longer,i would like to know what my faith will be as regards the petition if i show up alone for the interview.

Answer
Hi,

There is no choice but to appear for the interview. It can be explained to the interviewing officer that you are in the process of divorce and that you would like to amend the I-751 to file singly instead of jointly. I recommend carrying evidence that the marriage was entered into in good faith, as well as divorce decree or at least evidence that an application for divorce is pending. Example of evidence showing that the marriage was entered into in good faith can be found here: http://www.uscis.gov/files/form/i-751instr.pdf

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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