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Divorce After Filing I751 Jointly Q&A Avvo Com Legal Form

Divorce After Filing I751 Jointly Q&A Avvo Com Legal Form

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What is the Divorce After Filing I-751 Jointly?

The Divorce After Filing I-751 Jointly form is a legal document used in the United States when a couple who filed a joint petition for removing conditions on a permanent resident's status decides to divorce. This form is essential for individuals who have been married for less than two years at the time of filing the I-751 and need to demonstrate that the marriage was entered into in good faith, even after separation. It helps to ensure that the non-citizen spouse can maintain their immigration status despite the divorce.

Steps to Complete the Divorce After Filing I-751 Jointly

Completing the Divorce After Filing I-751 Jointly involves several key steps:

  1. Gather necessary documentation, including the original I-751 filing and any evidence of the marriage.
  2. Complete the divorce petition, ensuring all information is accurate and up-to-date.
  3. File the divorce petition with the appropriate court in your jurisdiction.
  4. Serve the divorce papers to your spouse, following state-specific procedures.
  5. Attend any required court hearings to finalize the divorce.

Legal Use of the Divorce After Filing I-751 Jointly

This form is legally binding and must be filled out with care to comply with immigration laws. It is crucial for the non-citizen spouse to present evidence that the marriage was genuine and not solely for immigration benefits. Courts may require supporting documents, such as joint bank statements, photographs, and affidavits from friends or family, to substantiate the claims made in the divorce proceedings.

Required Documents for the Divorce After Filing I-751 Jointly

When filing for divorce after submitting an I-751 jointly, several documents are typically required:

  • Original I-751 application and any related correspondence.
  • Marriage certificate and, if applicable, divorce decree from any previous marriages.
  • Evidence of joint financial responsibilities, such as bills or leases.
  • Personal identification documents for both spouses.

State-Specific Rules for the Divorce After Filing I-751 Jointly

Each state in the U.S. has its own rules and procedures regarding divorce, which can affect the filing of the Divorce After Filing I-751 Jointly. It is important to research the specific requirements in your state, such as residency requirements, waiting periods, and filing fees. Consulting with a family law attorney familiar with immigration matters can provide valuable guidance tailored to your situation.

Eligibility Criteria for the Divorce After Filing I-751 Jointly

To be eligible to file for divorce after submitting an I-751 jointly, the following criteria generally apply:

  • At least one spouse must be a permanent resident or in the process of obtaining permanent residency.
  • The marriage must have been entered into in good faith, not solely for immigration purposes.
  • The couple must have filed the I-751 application together within the required timeframe.

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