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The Waiver of Joint Filing of Form I-751 to Get Permanent Green Card

Help Desk:

I have a question for filing Form I-751 to get permanent Green Card based on marriage. For a troubled marriage, how to get waiver of the joint filing of Form I-751 if the couple is legally separated or in the process of divorce? 

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Answer:

The USCIS reviews these cases carefully, as they view this as a potential indication that the marriage may not have been bona fide at its inception. In these cases, the USCIS will issue RFEs with 87-days for response. 

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 foreign national to obtain the waiver, if the marriage has been terminated, without having to re-file the I-751. Previously, a new filing would have been required. 

 

 

 

 

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