1. What is an I-751 Waiver Based on Divorce or Separation?

An I-751 Waiver Based on Divorce or Separation is a form used by immigrants who are seeking to adjust their status from conditional permanent resident to permanent resident without the consent of their former spouse. The waiver is an exception to the general requirement that both spouses must jointly file Form I-751, Petition to Remove the Conditions of Residence. This waiver can be requested for a variety of reasons including: the former spouse has died, the couple was divorced or separated, the couple was legally separated, the former spouse refused to sign the petition, or there was extreme hardship if the waiver was not granted.

2. What are the eligibility requirements for an I-751 Waiver Based on Divorce or Separation?

To qualify for a waiver of the joint filing requirement based on divorce or separation, you must meet each of the following requirements:

1. You must have been issued a conditional permanent resident card based on marriage to a U.S. citizen or lawful permanent resident
2. You must have entered the marriage in good faith
3. Your marriage must have ended through divorce or annulment
4. You must demonstrate that your removal from the United States would cause you extreme hardship
5. You must continue to be a person of good moral character

3. What documents are necessary to prove eligibility for an I-751 Waiver Based on Divorce or Separation?

In order to be eligible for an I-751 Waiver Based on Divorce or Separation, the following documents must be presented:

– Proof of the status of the marriage at the time of filing the petition (i.e. marriage certificate)
– Any final divorce or annulment decree that was issued
– Evidence that demonstrates the good faith of the marriage
– Proof of identity and residency
– Evidence of any abuse that occurred (if applicable)
– Documentation of any prior denials or other immigration proceedings

4. When should I submit my I-751 Waiver Based on Divorce or Separation?

You should submit your I-751 Waiver Based on Divorce or Separation as soon as possible after finalizing your divorce or separation. It is recommended that you submit the form within 90 days of the divorce or separation being finalized.

5. What happens if I don’t file my I-751 Waiver Based on Divorce or Separation in time?

If you do not file your I-751 Waiver Based on Divorce or Separation in time, your status as a conditional resident will expire and you may be placed in removal proceedings.

6. Does USCIS require me to appear at an interview for an I-751 Waiver Based on Divorce or Separation?

Yes, USCIS typically requires an applicant to appear for an in-person interview when filing an I-751 Waiver Based on Divorce or Separation. The interview is used to verify a couple’s marital status and the bona fides of the relationship.

7. How long does it take to process an I-751 Waiver Based on Divorce or Separation?

The processing time for an I-751 Waiver Based on Divorce or Separation can vary significantly depending on the particular case. Generally, it may take anywhere from 6 to 12 months for the waiver application to be processed and approved.

8. What form do I need to file for an I-751 Waiver Based on Divorce or Separation?

You will need to fill out Form I-751, Petition to Remove the Conditions on Residence. This form can be found on the USCIS website.

9. Are there any fees associated with submitting an I-751 Waiver Based on Divorce or Separation?

Yes, there are fees associated with submitting an I-751 Waiver Based on Divorce or Separation. The application fee for Form I-751 is $595 and the biometric services fee is $85. This fee must be paid when the form is submitted.

10. What happens after I submit my I-751 Waiver Based on Divorce or Separation?

After you submit your I-751 Waiver Based on Divorce or Separation, your application will be reviewed by U.S. Citizenship and Immigration Services (USCIS). If your application is approved, you will receive a Notice of Action (Form I-797C) approving your application. You will also receive a new 10-year green card as evidence of your lawful permanent residence.

11. Can I still travel if my I-751 Waiver Based on Divorce or Separation application is pending?

Yes, you can still travel if your I-751 Waiver Based on Divorce or Separation application is pending. However, you should obtain an Advance Parole document before traveling outside of the United States. This document will allow you to return to the United States without having to re-apply for admission.

12. What is the difference between the joint and waiver filing for an I-751 Waiver Based on Divorce or Separation?

The Joint filing for an I-751 Waiver Based on Divorce or Separation involves both the immigrant and the former spouse filing the I-751 application together. The Waiver filing is when only the immigrant files the I-751 application and provides evidence that the marriage ended in good faith but due to extenuating circumstances beyond their control, they are unable to continue with the joint filing.

13. Can I submit additional evidence after filing my I-751 Waiver Based on Divorce or Separation application?

Yes, you can submit additional evidence after filing your I-751 Waiver Based on Divorce or Separation application. This can be done by filing Form I-832, Supplement A, to provide additional evidence in support of the petition.

14. How can I prove that my marriage was bona fide for the purposes of the I-751 Waiver Based on Divorce or Separation?

The most common way to prove that your marriage was bona fide for the purposes of the I-751 Waiver Based on Divorce or Separation is to provide evidence that show that you and your former spouse had an authentic marital relationship, shared a normal marital life, and intended to establish a life together at the time of your marriage. These types of evidence could include documents such as joint bank statements, lease agreements, bills in both names, affidavits from witnesses who can attest to the authenticity of the marriage, and any other documents and/or evidence that can demonstrate a genuine intent to establish a life together.

15. Is there a deadline to appeal a denial of an I-751 Waiver Based on Divorce or Separation?

Yes, there is a deadline to appeal a denial of an I-751 Waiver Based on Divorce or Separation. Applicants have 30 days from the date of the denial to file a written appeal with the Administrative Appeals Office.

16. What type of evidence should be included with an I-751 Waiver Based on Divorce or Separation application?

When applying for an I-751 Waiver Based on Divorce or Separation, evidence should be included to prove the validity of the marriage and the termination of the marriage. This may include a copy of the divorce decree, evidence of joint assets or liabilities acquired during the marriage, or evidence of living together as a married couple. Additionally, evidence showing good faith during the marriage such as joint tax returns, birth certificates of children born to the couple, and affidavits from family members may also be included.

17. Is there any way to expedite the processing of an I-751 Waiver Based on Divorce or Separation application?

Unfortunately, no. The U.S. Citizenship and Immigration Services (USCIS) is unable to expedite the processing of an I-751 Waiver Based on Divorce or Separation application, as each application requires careful review and consideration. The best way to ensure that your application is processed promptly is to submit it with complete and accurate evidence of your divorce or separation.

18. How will a decision regarding an I-751 Waiver Based on Divorce or Separation be communicated to me?

When the USCIS makes a decision regarding your I-751 Waiver Based on Divorce or Separation, they will send you a written notice in the mail. The notice will state the outcome of the decision and what steps must be taken next, if necessary.

19. Can a waiver of a joint filing for an I-751 Waiver Based on Divorce or Separation be revoked?

Yes, a waiver of a joint filing for an I-751 Waiver Based on Divorce or Separation can be revoked. The USCIS may revoke the waiver if it finds that the waiver was granted based on false or fraudulent information or evidence.

20. Are there any restrictions as to who can file the waiver of a joint filing for an I-751 Waiver Based on Divorce or Separation

The waiver of joint filing can only be filed by the foreign spouse who is still married to the U.S. citizen or permanent resident, or who was previously married to a U.S. citizen or permanent resident. Additionally, the I-751 Waiver Based on Divorce or Separation must be filed within two years of the expiration of the conditional residence.