Divorce Waiver

What is Divorce Waiver Form I-751?

Form I-751, Petition to Remove Conditions on Residence, is used by conditional green card holders to request the removal of conditions on their permanent residency. When a conditional resident is no longer married to their U.S. citizen spouse due to divorce or annulment, they must file Form I-751 with a divorce waiver. This waiver allows them to apply individually rather than jointly, by proving that the marriage was entered into in good faith, even though it ended before the two-year conditional period expired.

What Is a Waiver of Service in Divorce?

A waiver of service in divorce is a legal document signed by one spouse to acknowledge receipt of divorce papers without the need for formal service (i.e., a process server or sheriff delivering documents). This can streamline the divorce process, making it more cooperative and less adversarial. It’s commonly used in uncontested divorce cases, where both parties agree to the terms and want to avoid unnecessary delays or court appearances.

How to File a Divorce Waiver With Form I-751?

Filing a divorce waiver with Form I-751 involves several steps:

1. Complete Form I-751
   Check the “divorced or annulled” waiver box in Part 3.

2. Include Evidence of Good Faith Marriage
   Submit documents proving the marriage was real, such as:

   • Joint financial records

   • Photos together

   • Affidavits from friends/family

   • Lease agreements, travel records, etc.

3. Include Divorce Decree
   Provide a final divorce judgment as proof that the marriage legally ended.

4. Write a Personal Statement (Optional but Recommended)
   Explain the history of your relationship, why it ended, and how it was entered in good faith.

5. Mail to the Correct USCIS Address
   Send your complete package to the appropriate lockbox facility listed on the USCIS website.

6. Await Biometrics and Interview
   USCIS may require fingerprinting and possibly a green card interview.

Why Should You Hire an Immigration Lawyer?

Hiring an immigration lawyer can significantly improve your chances of success, especially in complex cases like divorce-related I-751 waivers. Here’s why:

• Legal Guidance: An attorney ensures your waiver is filed correctly and with strong supporting documentation.

• Avoiding Mistakes: Immigration law is technical; errors can lead to delays or denials.

• Interview Preparation: A lawyer can help you prepare for USCIS interviews and advocate on your behalf.

• Increased Approval Chances: With professional help, your petition is more likely to meet USCIS evidentiary standards.