What are the ramifications from an I751 filing and divorce?

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What are the ramifications from an I751 filing and divorce?

My wife is the immigrant; we married 3.5 years ago. She applied later on for her resident card. We passed the interview and got it with no problem. A year later, she left me and moved to another state. Due to threats from her and lack of legal money, I couldn’t divorce her and filed an I751 after she had left me hoping to have it be approved quickly so she would give me my divorce. It wasn’t approved and now she is giving me a divorce and plans to start a new I751 case with a waiver of separation. Am I in any trouble if she gets denied/deported? What should I do now?

Asked on October 1, 2011 under Immigration Law, Pennsylvania

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

She is the one who is responsible for filing for her I-751 if she is the foreign national and conditional green card holder.  Therefore, it is up to her to file the I-751 and to have it approved.  If she can demonstrate that the marriage between you two was bona fide from the time it was entered into and through the date of separation, she might be able to get it approved even if you are divorced.  However, the burden of proof is upon her to submit all the evidence of a bona fide marriage.  You do not need to do anything really to help her case if you don't want to.  However, if you want to submit an affidavit affirming the validity of your relationship, you can do that and that will probably strengthen her case.


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