Legal Question in Immigration Law in New York

Divorce after 751 petition to change status

After filing a I-751, US spouse now wants divorce. If I go to interview without, or with divorce papers, will I be rejected? If I marry again, does process start all over or will I have to leave USA? and then file from UK to begin again?


Asked on 1/12/05, 6:12 pm

1 Answer from Attorneys
Elsa Ayoub GLEASON & KOATZ, LLP

Re: Divorce after 751 petition to change status

If your spouse is not with you at the interview, you will be denied. You do not have to leave in order to file a new petition. However, be careful about leaving the country if you have had periods of unlawful presence. Should you have additional questions feel free to contact me at 212-986-1544.

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Answered on 1/13/05, 11:23 am


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