Home |US Immigration | I filed I-751 with my spouse and am thinking of filing divorce. One or both of us want to get divorce as fast as possible. We cannot be divorced in under 30 days. What should I do?  

I filed I-751 with my spouse and am thinking of filing divorce. One or both of us want to get divorce as fast as possible. We cannot be divorced in under 30 days. What should I do?  

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David Hill, US Immigration Expert
Answered on September 28,2023

Prepare a letter to USCIS with a copy of your I-751 extension letter, indicating that you want to amend the petition to an individual petition under the divorce waiver.

  • File for divorce. Try to bifurcate your divorce so that marriage is dissolved before the issues of asset split, alimony, child custody, and child support are settled

  • Mail the letter to USCIS and include a copy of the divorce filing

  • When you get the RFE for the divorce decree, if you have a decree, return it.

  • If you don't have a decree, you can respond to RFE or not.

  • Once you have a decree, file a new I-751, withdraw the old I-751.

  • If you get a notice to appear for the old I-751, you need a lawyer to represent you at trial. If you still don't have a divorce decree, most likely the lawyer will advise you to file a new I-751.

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