I-751 Divorce Waiver Immigration Lawyer

What Is An I-751 Good Faith Marriage Waiver?

An I‑751 good faith marriage waiver of the joint filing requirement pursuant to INA § 216(c)(4)(B) permits a two-year green card holder to obtain a ten-year green card without the U.S. citizen spouse. It can be pursued after the marriage to the U.S. citizen is legally terminated through Divorce or annulment.

A good faith marriage waiver may be filed:

  • Before the 21st month after the issuance of the two-year green card
  • During the period between 21 months and 24 months after the issuance of the two-year green card
  • After the two-year Green Card has expired

There is no deadline for divorce waiver filings.

If your marriage to a U.S. citizen has ended, our immigration attorneys can help you file Form I-751 with a good faith marriage waiver, allowing you to remove the conditions on your green card without your former spouse.

The Statutory Standard Good Faith Intent At Inception

The legal issue relates to a static moment in time: Was the marriage genuine at the moment of its inception? This is critical when considering whether to file Form I-751.

When reviewing an I-751 waiver application, USCIS considers numerous factors, including but not limited to:

  • whether the couple shared a joint bank account
  • whether the couple lived together
  • other documentary evidence demonstrating that the marriage was genuine
  • the length and quality of the marriage prior to its conclusion

The requirements to demonstrate a good faith intent may be satisfied through documentation and testimony establishing that the marriage was valid at the time it began

What Evidence Does USCIS Look For In An I-751 Good Faith Marriage Waiver

In this type of application, USCIS examines:

  • Documentation demonstrating a shared life at the time the marriage began
  • A believable, substantiated account of why the marriage did not work out
  • Consistency between the testimony and the documentary record
  • Absence of indications that the Marriage was fraudulent or invalid at its inception

Your Divorce Does Not Have To End Your Green Card Eligibility

A marriage that ends in divorce or annulment is not tantamount to marriage fraud. A final divorce is necessary to apply for and be approved for a good faith marriage waiver of the I-751 joint filing requirement.

The conditional resident files the I-751 independently without the involvement of his or her former U.S. citizen spouse. It is essential to understand that the relevant issue is what you intended on the day you married, not how the marriage turned out.

Philadelphia I-751 Divorce Waiver Immigration Lawyer Bruce Dizengoff has built I‑751 good faith marriage waiver cases during his 35+ years of service, handling every stage as one cohesive effort:

  • Pre-filing review
  • Affidavit preparation
  • Supportive evidentiary submission
  • RFE or NOID responses
  • Biometric security requirements
  • I-751 interview preparation and legal representation at the I-751 interview
  • Experienced legal representation in Removal Proceedings, if necessary

How Much Does A Lawyer Charge For An I-751 Case?

The legal fee for an I-751 case can depend on a number of factors. For example, is the couple still married and filing jointly, or is the non-citizen filing the I-751 on their own?

Assuming the non-citizen is filing the I-751 on their own, is it based upon divorce, abuse, or hardship? There are many additional factors that may impact what the legal fee could be, including the background and experience of the attorney and the geographical location in which the case takes place.

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609-813-1666

I-751 Divorce Waiver Immigration Lawyer Philadelphia