Divorced After Jointly Filed I-751 Petition?

Woman crouched over with her head in her lap

If after you have filed a joint petition for Removal of your Conditions (I-751), your marriage was terminated or is in the process of being terminated, or if, in such circumstances, you have received a Request for Evidence Letter (RFE) or an Interview Notice, you must begin the process of amending your petition to a waiver. The Law Firm of Shihab & Associates has acquired decades of experience in converting petitions such as these. Contact us if you or a relative is undergoing marriage termination after having filed a joint I-751 petition to remove their conditions. While the process of coping with a terminated marriage can be difficult on its own, our cultivated attorneys are here to ensure that you are granted the removal of the conditions that are owed to you.

How Can I Amend My Petition to a Waiver?

It is imperative that evidence of your good faith marriage that was not included in your jointly-filed I-751, be presented, as well as evidence that the marriage was terminated.

This also should include:

  1. Your Notarized Affidavit (post-termination of marriage).
  2. The original RFE or Interview Notice that was sent to you.
  3. Your Decree of Divorce or Dissolution.

Although a Notarized Affidavit written by your former spouse is not mandatory, we may also include their affidavit in your petition if you are able to provide the same. Our attorneys will carefully examine the evidence you provide to present the most effective waiver amendment and will inform you of any other specific documents that will be required to proceed.

Due to the high importance that USCIS places on receiving these petitions exactly on time (not too early, and certainly not past the deadline listed on your RFE or Interview Notice) it is crucial that you consult with a qualified attorney several weeks in advance. At the Law Firm of Shihab & Associates, we prioritize being equipped with the knowledge and transparency to present your case with the highest level of accuracy, alleviating any concerns you may have about the process.

What Can I Expect After Filing My Amendment?

USCIS will determine whether or not to approve your petition. They will also decide whether or not your case requires an in-person interview or a transfer to the Field Office that is closest to you. It may take up to 18 months for USCIS to process your waiver. During that time, they will notify us that they have extended your Conditional Permanent Residence (CPR) for 18 months. We will promptly update you with any new documents or information that arrives at our office regarding your petition and our staff will be readily available to respond to any questions you may have.

If you have any questions about amending your I-751 petition, contact us.

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