|送交者: Peter93 2017年01月03日12:06:27 于 [美国移民] 发送悄悄话|
Joint Filing USCIS Form I-751 with Troubled Marriage
I married to a U.S. citizen husband, and now I am in a difficult situation of failing marriage. We are in the process of divorce, can we still file USCIS Form I-751 filings jointly?
USCIS Form I-751 can be filed by a couple jointly, even it they are legally separated or in the process of divorce. But USCIS will review these Form I-751 applications carefully, because there is a potential indication that the marriage may not have been real at its beginning.
In these I-751 application cases, the USCIS may issue a Request For Evidence (RFE) asking for response in certain time. This RFE will request a copy of documentation proving termination of the marriage, and a request to have the joint petition treated as a request for a waiver of the joint filing. This allows the alien applicant to obtain the waiver, if the marriage has been terminated, without having to re-file the I-751.
If there is no response to the RFE, or the response does not establish that the marriage is terminated, the USCIS will adjudicate it as a joint petition. The result will depend on the evidence of real marriage. The I-751 application case may be forwarded to a USCIS field office for an in-person interview to determine if the marriage was real at the time when the couples entered into the marriage. It is often the case that a marriage is genuine at the outset, but ultimately does not survive.