What Happens if My Spouse and I Separate After Filing a Joint I-751 Petition?
One of the most stressful situations I see in immigration practice is when a couple files a joint I-751 petition and then the marriage begins to fall apart while the case is still pending. Unfortunately, this happens quite often. Given current USCIS processing times, it is becoming even more common since petitions may remain pending…
What Does USCIS Mean by a “Good Faith Marriage” in an I-751 Case?
One of the most common misconceptions I encounter in I-751 cases is the belief that a failed marriage automatically means a failed immigration case. That is not really how the law works. In many I-751 consultations, I speak with people who are genuinely panicked because: Many assume USCIS is trying to determine whether the marriage…
More Thoughts on I-751 Petitions to Remove Conditions on Residence
Ever since my 2016 Separated but not Divorced blog post on how to navigate jointly filed I-751 petitions during a period of separation or marital difficulties, I have received an overwhelming response from potential clients all over the country who seemed to find themselves in this exact situation. After all this time, I have come…
Separated but not Divorced. Navigating the Jointly filed I-751 Petition to Remove Conditions on Residence – PART III
On November 30, 2018, USCIS issued a Policy Memorandum entitled “Revised Interview Waiver Guidance for Form I-751, Petition to Remove Conditions on Residence.” Although it applies to all I-751 petitions (not just joint petitions filed by spouses who are separated but not divorced), because it answers some of the common questions that my clients ask…
Separated but not Divorced. Navigating the Jointly filed I-751 Petition to Remove Conditions on Residence – PART II
During the course of the more than 25 years that I have been an Immigration Lawyer, I have encountered my fair share of cases and situations where the primary driving force behind the problem I am attempting to solve is due to a change in circumstances that a family is experiencing. This can happen in…
