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Can I file my I-751 petition if I am no longer married?


filing I-751 petition

Yes, conditional Lawful Permanent Residents (“Green Card holders”) must renew their Green Cards before the TWO (2) year expiration date even if they are no longer married to their U.S. citizen or Green Card holder spouse.A marriage that terminates before the TWO (2) year period is presumed to be a sham marriage, unless proven otherwise. This means that the conditional Green Card holder has the burden of proof (responsibility) of providing clear and convincing evidence that the marriage was entered into in good faith.

Generally, USCIS takes approximately over TWO (2) years to adjudicate these types of petitions. Sometimes, USCIS will not notify the conditional Green Card holder that the evidence is lacking until months/years later.  This means that once USCIS informs the conditional Green Card holder that the petition lacks sufficient evidence, it may be too late for the conditional resident to obtain additional evidence to supplement the original petition.

For this reason, it is prudent for conditional Green Card holders, who are no longer married, to find an immigration attorney that is experienced in handling these types of matters to ensure that the petition is not denied.  Additionally, any conditional Green Card holder that is self-filing should expect to be interviewed at a local field office.

Failure to file this form may lead to removal/deportation.

For more information on Can I file my I-751 petition if I am no longer married a free consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 777-1236 today.

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