I-751 Filing Guidance for Couples Facing Separation or Divorce
The U.S. Citizenship and Immigration Services (“USCIS”) recently released important fact sheets concerning family-based conditional permanent resident (“CPR”) status.
One critical point addressed in these fact sheets is the requirement for couples who are no longer living together and/or who have filed for divorce (but where the divorce has not yet been finalized) to continue filing the petition jointly.
Key Guidance for Couples Facing Separation or Divorce
Joint Filing Requirements
The USCIS fact sheets emphasize that couples who are separated or in the process of divorce should still file the I-751 petition jointly.
Why Joint Filing is Important
The fact sheets highlight several key reasons why joint filing remains essential for couples facing these circumstances:
- Proving Good Faith Marriage: By filing jointly, couples reinforce that their marriage was genuine. This can significantly impact the approval of the petition, as USCIS seeks to ensure that the marriage was entered into in good faith.
- Avoiding Complications: Not filing jointly could lead to complications, including the potential loss of conditional resident status. Joint filing helps avoid these pitfalls by adhering to USCIS requirements.
- Streamlining the Process: Filing together allows couples to address their immigration status as a unit, which can simplify the process during a challenging time.
Important Steps to Take
For couples who are navigating separation or divorce, here are some important steps to consider:
- Gather Documentation: Even if the relationship has become strained, it’s essential to collect documents that demonstrate the legitimacy of the marriage. This includes evidence of joint children, joint tenancy, joint finances, photographs, etc.
- Consult Legal Assistance: Seeking guidance from an immigration attorney can provide clarity on how to navigate the joint filing process and address any concerns related to the divorce.
Conclusion
The recent USCIS fact sheets serve as an important reminder for conditional permanent residents facing separation or divorce. The requirement to file Form I-751 jointly, even when circumstances have changed, underscores the need for couples to demonstrate the authenticity of their marriage and protect their residency status.
I-751 Lawyer
If you or someone you know is in search of an I-751 lawyer, contact Lally Immigration Services, LLC. We have assisted numerous clients facing separation or divorce in the timely filing of the petition to remove the conditions on their permanent residency. Check out our client testimonials!
Disclaimer: This blog article is provided by Lally Immigration Services, LLC for informational and marketing purposes. This article does not constitute legal advice, nor does it establish an attorney-client relationship. No reader should act, or refrain from acting, on the basis of any information presented in this article, or elsewhere on this website, without seeking the advice of appropriate legal counsel, or other professional counsel, licensed in the relevant jurisdiction. Lally Immigration Services, LLC expressly disclaims any and all liability with respect to any actions taken, or not taken, based on any content of this article or website. Prior results do not guarantee a similar outcome.
Photo ID 315864729 | Divorce © Kunlathida Petchuen | Dreamstime.com
Last Reviewed/Updated: 09/23/2024
