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April 27, 2005

Further Clarification from NSC on the Effect of Separation/Divorce on I-751

April 11, 2005

NSC Flash #19-2005

Revised Revision to NSC Flash #6-2005

Please note that additional clarification has been provided in regard to NSC News Flash #18 dated March 30, 2005 that amended News Flash #6 dated December 27th, 2004.

The Effect of Separation/Divorce on Pending I-751 Petitions to Remove the Conditions on Residence

• If the petitioner and beneficiary are divorced at the time the I-751 should be filed, the beneficiary should file the I-751 (only s/he needs to sign) and mark "d" in Part 2.

• If the petitioner and beneficiary filed an I-751 petition jointly but:

a)separate before a decision is made on the I-751, the beneficiary should notify the NSC that he/she is currently separated by mailing the explanation to the NSC at PO Box 82521, Lincoln NE 68501-2521.

b)get divorced while the I-751 petition is pending, the beneficiary should notify the NSC that he/she is divorced, and submit a copy of the divorce decree to the NSC at PO Box 82521, Lincoln NE 68501-2521.

• If the petitioner and beneficiary are separated or have initiated divorce proceedings at the time the I-751 is due to be filed, the petitioner and beneficiary may still file a joint petition if the petitioner is willing to sign the petition. If the petitioner is not willing to sign a joint petition, the beneficiary is not eligible to file a petition requesting a waiver of the joint filing requirement due to divorce until the divorce is final UNLESS abuse is the basis for such a filing. The alien’s status may be terminated because s/he has been unable to file a timely I-751 and s/he may be placed in removal proceedings.

Petitioners and beneficiaries are reminded that required supporting documentation must accompany all petitions.

Posted by VisaLawyer at April 27, 2005 04:08 PM

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