My husband is an USC. WE got married in my country and then, my husband petition for my entrance into the USA.

After a year and half, we are in the process of divorce. What are the requirements for filing an I-751 Petition after the Conditional Perm. Resident has divorced USC sponsor.

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Originally Posted by buscandorepuest

My husband is an USC. WE got married in my country and then, my husband petition for my entrance into the USA.

After a year and half, we are in the process of divorce. What are the requirements for filing an I-751 Petition after the Conditional Perm. Resident has divorced USC sponsor.

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When you said.... WE got married in my country and then, my husband petition for my entrance into the USA..... this should not be K-1 visa. Are you sure that you entered US on K-1 not K-3?

Anyway, if you are divorced prior to filing the I-751 you will have to file a waiver of the joint filing requirement. Your husband cannot sign that waiver, because the USCIS Adjudicating Officers are statutorily unable to adjudicate a jointly filed I-751 if the parties are already divorced.

As soon as you have a divorce decree (divorce is final) you can file the waiver form I-751. You will need to provide a copy of the divorce decree with your petition.

And if you have sufficient evidence to prove the marriage is bona fide, and send it along with the petition, using the reason that you are filing a waiver due to a bone fide marriage that terminated in divorce. Waivers with properly documented evidence of a genuine marriage are often approved without even a follow up interview.

The suggestion that one has to prove that the alien was subjected to abuse or a battered spouse by one member above only comes into play if the parties divorce before adjustment of status.

By the way, divorce prior to 2 years is always a difficult path. The chance to get approval from USCIS is less than 70%.

Documents required to prove it's bona fide marriage

* Auto insurance showing you as living in the marital home and second driver
* Mortgage or lease with your name on it
* Titles to autos with both names on them
* Joint bank accounts
* Joint credit card bills
* Tax returns filed as married
* Joint IRAs, 401Ks or annuities
* Bills to the home address with alien's name on them
* Driver's license with home (marital address) on it
* Life insurance policies with each named beneficiary
* Travel itinerary showing you both went together after marriage
* Invitations to both of you after marriage for family events
* Affidavits from friends to attest to the legitimacy of marriage... etc.