On My Own: the I-751 without the Spouse
When you're exchanging loving glances and rings during your wedding ceremony, divorce probably isn't on your mind. Unfortunately, for many people, divorce happens. For a green card holder who has been married less than 2 years, a divorce within the first two years of marriage is particularly tricky when it's time to send in the I-751.
The I-751 is an application for the "condition" to be removed. In other words, the first green card was only temporary. The government wants to make sure your marriage is real before they give you the chance to live in the US indefinitely. Divorce in the first 2 years could be a "big red flag" that the marriage was not real, so the burden falls on you -- Mr. or Mrs. Immigrant -- to prove that your marriage was legit. If you're smart about it, you can prepare a great application. As always, I recommend hiring an immigration attorney.
1. Write a killer declaration. Be organized. Be truthful. Write relevant details of your story.
2. Prove it. (Read: Love letters!)
3. Prove that you lived together.
4. The key is in the details. Read the documents. What do they say about you? What do they say about your marriage?
5. Proof that it ended. Separation won't do. You'll need a DIVORCE decree.
6. What did your marriage look like in the good days? The normal days? And the bad days? Make sure your documents and declaration reflect all three aspects of your marriage.
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