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 can 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 can be divorced in under 30 days. What should I do?

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

Your problem is that I-751 joint petitions can be approved without an interview. If you file for divorce and your I-751 is later approved without telling USCIS there will be problems later. 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.

 

On the same day, mail the letter to USCIS and include a copy of the divorce filing

 

When you get the RFE for the divorce decree, return it.

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