Immigration Issues/Follow up Question about I-751
In reference to the question dated 2/27/07 Subject: Question aboutI-751 (copied below), I have a follow up question: If they immediately remarry and file for new petitions (I-130/I-485/I-751 under her 2nd marriage, does she still have to file the I-751 waiver? And if the I-751 waiver is denied, and the new petitions are filed & on process, will this cause problem on their I-130/I-485/I-765?
Thank you and more power!
----- Original question and answer ------------------
Expert: Robert Hollander Esq.
Subject: Question about I-751
I am involved with a woman who is currently married to a USC on a K1 visa. She was married in April of last year and received her 2 year green card in October of 2006. She wants a divorce with her current husband but is nervous about filing the I-751 waiver. If she submits the waiver along with her divorce decree and other paper work (ie apartment lease, joint tax return, copy of military ID, insurance paperwork, photos, and letters from family, to prove that her first marriage was legitimate, does she have a good chance at receiving her 10 year green card? What would happen if we married immediately following the divorce being finalized and for example later she was placed into removal proceedings? I have many pictures of us together, photos on vacation, a joint cell phone bill, invitations that include both of our names, etc? How long does a divorce usually take when both parties are in agreement and there is no custody battle or questions of property etc? I am just really confused as to how to go about all of this without breaking any laws. Any assistance would be greatly appreciated.
Thanks in advance
If she has a good deal of evidence of her marriage from the time she got her card until she leaves him, she has a good chance. As a last resort she could file the I-751 based on extreme hardship to you if you were married by that time. I would recommend filing based on Divorce and if that is not approved she can try the extreme hardship route. I would stay with her current husband for a few more months, file 2006 taxes with him and gather more joint evidence. Then file for divorce being careful not to use the abandonment reason if the date of abandonment predates her getting her conditional card. She will be interviewed on the case due to the divorce but they are not so hard if you have evidence.
The easier option for her is to get divorced and file the I-751. She does not have to wait the 2 years to file. She can file as soon as her divorce is final. As I said before as long as she has some evidence it should be fine.
If she does not file I-751 there will be a presumption that her marraige was not genuine and that could affect any future applications for a green card.