to a U.S. citizen husband, and now I am in a difficult
situation of failing marriage. We are in the process
of divorce, can we still file USCIS Form I-751
USCIS Form I-751 can be filed by a couple jointly,
even it they are legally separated or in the process of divorce. But
USCIS will review these Form
I-751 applications carefully, because there is a
potential indication that the marriage may not have been real at its
In these I-751 application cases, the USCIS may
issue a Request For Evidence (RFE) asking for response in certain time.
This RFE will request a copy of documentation proving termination of
the marriage, and a request to have the joint petition treated as a
request for a waiver of the joint filing. This allows the alien
applicant to obtain the waiver, if the marriage has been terminated,
without having to re-file the I-751.
If there is no
response to the RFE, or the response does not establish that the
marriage is terminated, the USCIS will adjudicate it as a joint
petition. The result will depend on the evidence of real marriage. The
I-751 application case may be forwarded to a USCIS field office for an
in-person interview to determine if the marriage was real at the time
when the couples entered into the marriage. It is often the case that a
marriage is genuine at the outset, but ultimately does not survive.