I-751 Waiver Divorce after a good-faith marriage

Before you can file for this waiver, the divorce must actually be finalized. Our attorneys will advise you in the best option depending on your case:

  • Client needs the divorce finalized as soon as possible. Because the courts may take months to grant you a divorce, you may want to file the divorce papers yourself in order to get the process going, instead of waiting for your U.S. spouse to do so.
  • Client may want to prolong the divorce. The longer you stay married, the better your chances of showing that the marriage was bona fide in the first place.
  • Client does not have time to wait as the expiration date is approaching. Another option is to file your waiver request without the divorce decree (in order to preserve your status) but with a promise to send it later; or file your waiver request late, arguing that the upheaval in your life caused by your marital troubles was good cause for your lateness.
  • Client has no joint documents. The couple had no children together, did not share assets, and did not travel together. This is very common because it was such a short marriage.

Good-Faith Marriage evidence includes:

Proof That You Have Children Together

  • Copies of birth certificates of your children (with both your and your spouse’s name listed) or adoption records of jointly adopted children

Evidence of Shared Resources and a Family Home (USCIS wants to see that the two of you share resources and are living as a family)

  • Joint financial accounts
  • Evidence of maintenance of a shared home
  • Jointly filed tax returns
  • Joint savings and checking account statements
  • Investment account statements
  • Credit card and loan statements
  • Bills of sale for an automobile or another large purchase
  • Copy of your lease, mortgage or deed for your family home, and utility bills in both of your names.
    • While it is not ideal if you don’t live at the same address, it does not necessarily mean that your application is destined for denial.
    • Provide a good explanation as to why you were living apart, perhaps for reasons of work, school or an intention to move in together shortly.
  • You can also provide information that the two of you are members of clubs, religious organizations, teams, and other associations together.

Insurance and Estate Documents

  • It is also helpful to show that you are linked in terms of liability:
    • Joint health insurance
    • Joint automobile or home insurance policies
    • Life insurance policies
    • Properly signed estate documents (wills, trusts, etc.)

Proof That You Vacationed Together

  • Travel documents and itineraries for a honeymoon or a family vacation show the pleasure within the marriage.

Photographs and Gifts for Special Occasions

  • To demonstrate that you are a happy couple and attend events together:
    • Wedding pictures
    • Photographs of you and your spouse dating and during your marriage
    • Anniversary or birthday gifts for the other spouse, show the cards and receipts

Affidavits, Letters, and Correspondence

  • Submit letters, emails, Facebook posts, and other messages that you and your spouse sent to each other during your relationship, or cards, letters and emails from others that address you as a couple
  • Affidavits from friends and family are also helpful

This list is not exhaustive and, in some cases, clients do not have joint documents.  We have still found success in getting their petition approved, which you can read about in our Success Stories.