Legal Question in Immigration Law in Ohio

Re: failure to submit I751

You can file an I-751 without your wife's signature. You will need to show that at the time that you married, it was a real marriage. If you are getting a divorce, then you cannot file until your divorce is complete.

Harold L. Hom

Re: failure to submit I751

A waiver of the joint filing requirement is provided for the I-751 application. Like the other attorney correctly stated, the divorce has to be finalized at the time of filing. However, if you fail to timely submit your I-751 you must prove extenuating circumstances for your failure to submit the application within the time period allowed (90 days preceeding the expiration of your green card). By not filing the I-751, your status would be terminated and you could be placed under removal (deportation) proceedings. I would suggest you consult with a family law attorney in Ohio right away to find out how long will a divorce take to be finalized. Regardless, if the marriage is beyond the point of reconciliation, you should start to file the divorce as soon as possible. Also, it is very important to save all pertinent evidence relating to the good faith of the marriage. When does your green card expire?

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