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February 14, 2011: Divorce While Joint I-751 Pending, Now What Happens?

Divorce While Joint I-751 Pending, Now What Happens?

I applied for Removal of Conditional Status in September, 2010. My temporary card expired on December 3, 2010. But we are now in the process of divorce. I received a letter from USCIS that they need more evidence that we entered marriage in good faith. What should I do? We don’t have joint accounts or joint assets nor liabilities.
— Anonymous

You have two issues. First, you filed your I-751 petition as a joint petition. You will have to notify immigration of your divorce and provide it with a certified copy of the final judgment. The joint petition will eventually be converted to a waiver, presumably as a ‘good faith’ waiver based on the general information provided in the question.

As for proving that your marriage was entered into in good faith, there are various types of evidence that you can provide beyond financial documentation. Evidence includes, and is certainly not limited to, proof of children born of the marriage, proof of purchases made together, rental agreements, tax returns, pictures, etc. More importantly, regardless of the amount of documentation that proves your good faith marriage, you must respond to the request for evidence with what you have in a timely fashion.

After you respond, you may receive an approval notice or an interview notice at your local Field Office. Of course, there is a lot more involved than what’s included above and every case is very different. It would be wise to consult with an immigration attorney to discuss your case and have the attorney explain the process.

Michael Shane and Evan Shane, Immigration Attorneys

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