Q: divorce after file for i751Petition to remove conditions on residence, whats next?

A: If you have filed an I-751 Petition to Remove Conditions on Residence and are now going through a divorce, it is important to notify U.S. Citizenship and Immigration Services (USCIS) about the change in your marital status. The divorce can affect your immigration status, but it doesn't necessarily mean you will lose your chance to become a permanent resident.

You should inform USCIS of your divorce by submitting a written request to change your I-751 petition to a waiver of the joint filing requirement. This waiver allows you to remove the conditions on your residence on your own, without your spouse. In this request, you'll need to provide evidence that your marriage was entered in good faith and not for the purpose of evading immigration laws.

Documentation such as joint bank statements, lease agreements, or affidavits from friends and family can support your case. Additionally, include a copy of the divorce decree once it is finalized. It's crucial to provide this information to USCIS as soon as possible to avoid complications with your case.

The process can be complex, and the outcome will depend on the specifics of your situation. Therefore, it's advisable to seek guidance from an immigration attorney who can help you navigate the process and provide advice tailored to your circumstances. They can assist in preparing the necessary documentation and represent you in dealings with USCIS.

A: As another colleague has indicated, yes, you should notify USCIS about your divorce and ask that your case be converted to what is known as a good faith marriage waiver. You do not need to refile the case. Consider scheduling a consultation with a competent and experienced immigration attorney who may be able to assist with the request to USCIS that your case be converted as well as with the assembly and submission of any additional evidence of the good faith nature of your relationship that you have but did not already submit. Many attorneys offer online video consultations.

A: Yes, you should inform the USCIS about it. In order to show the good-faith nature of the marriage and, if applicable, the divorce proceedings (including court proceedings or settlement contracts), you may need to include this information in the package when requesting USCIS to proceed with your I-751 to remove the conditions. As Attorney Slattery suggested, it is best to consult with an attorney who can compile and prove the evidence of the genuine nature of your marriage, even if it has ended in divorce.