Miscellaneous

Do you have to appear for an I-751 interview?

Do you have to appear for an I-751 interview?

This is not unusual where the parties hope to reconcile, or where the separation is amical and the U.S. citizen/resident wishes for his spouse to maintain immigration status. The U.S. spouse should expect to appear to receive a notice of interview for the I-751 petition, and his attendance will be mandatory.

Can a foreign spouse sign an I-751 petition?

A U.S. spouse could agree to jointly execute the I-751 petition despite being separated from his foreign spouse. This is not unusual where the parties hope to reconcile, or where the separation is amical and the U.S. citizen/resident wishes for his spouse to maintain immigration status.

What happens if I get divorced during the immigration process?

The consequences depend on the situation. What happens if I get divorced when my spouse is petitioning for my permanent residence? If parties divorce during the immigration process this will generally prevent the foreign spouse from becoming a permanent resident.

Can you get a divorce after filing an I-751 jointly?

Divorce After Filing I-751 Form Jointly An interview may or may not be part of the process, it varies depending on the situation. If you do have to come for the interview then inform the interviewer that you are currently undergoing a divorce.

What do I need to file an I-751 waiver?

To file Form I-751 with a waiver to the joint filing requirement, the following items should be included in the package: A copy of the divorce decree or annulment document that ended your marriage. (If not available, include evidence that the divorce proceedings have started.) Evidence of a “good faith” marriage.

Can a hardship case be established on I-751?

Establishing an extreme hardship case can be very difficult. For this reason, the petitioner should always obtain the assistance of an experienced immigration attorney. An extreme hardship can be difficult to define. USCIS has made clear that the hardship must have arisen after the petitioner received conditional residence.

What to bring to divorce removal of conditions interview?

You will be scrutinized more because of your divorce. Before your interview date approaches, try to gather even more evidence to bring with you to the interview. This evidence can be in the form of cards, letters, affidavits, bills, bank account statements, lease agreements, car titles, mortgage documents, photos etc.