PREPARING I-751 PETITION COUPLE REVIEWING I-751 PAPERWORK

Even though the I-751 Petition is only two pages long, the USCIS (U.S. Citizenship & Immigration Services) expects you to submit numerous "proof of marriage" documents along with the I-751 Petition. If you don't submit enough documents with the I-751 Petition, or the right type of documents with the I-751 Petition, the USCIS will schedule a second green card I-751 interview to question you and your spouse about the validity of your marriage.

DIVORCE can happen to any couple, regardless of what country they are both from. If, during the period of time you have your 2 year card you get separated or divorced, the I-751 Petition process gets very complicated. If the correct documents are not submitted with the I-751 Petition, you will be asked to appear for an I-751interview where you will be questioned intensely about the validity of the marriage and why it failed and the USCIS Officer may deny the 10 year green card.

It would be very unwise to handle the I-751 Petition without legal help after a separation or divorce.

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The LEGAL STANDARD for the government's review of the I-751 documents is:

"whether substantial evidence supports a finding by clear and convincing evidence that a couple intended to establish a life together at the time they were married."

There are hundreds of Immigration Judge's decisions concerning how many and what types of documents met the legal standard for an I-751 Petition and regrettably, because each case is different, there is no definitive I-751 list of documents. ____________

'S BLOG

I-751 SPECIALIST - EXPERT ATTORNEY

A new marriage is hard enough, no matter what age you are. Add cultural differences and children from previous marriages and although rewarding, the relationship takes work. In addition, if you were granted a 2 year green card by the USCIS because you were married less than two years at the time of your green card interview, you must file an I-751 Petition before your two year I-551 card (green card) expires.

Many couples do not read the I-751 Petition instructions and fail to submit enough "proof of marriage" documents along with their I-751 Petition and then they are required to go to a second green card I-751 interview to prove that their marriage is valid or "bona fide."

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COUPLE REVIEWING I-751 PAPERWORK

Marriage to a U.S. citizen is one of the fastest ways for a foreign national to get their green card (permanent residency). This is because, unlike other family based green cards, there is no limit to the number of marriage green cards the USCIS may issue each year.

Of course the American government is fully aware of the fact that sometimes people get married to avoid having to return to their home country. In order to discourage "sham marriages" the American government imposes harsh penalties on those who commit marriage fraud. The consequence to a U.S. Citizen is a fine up to $250,000, conviction of a federal felony, and up to 5 years in prison. The consequence to a foreign national is deportation and no green card - ever.

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WHAT DOCUMENTS TO FILE WITH THE I-751 PETITION?

Avoid the second green card I-751 interview by either having Attorney Nelisse review your I-751 Petition (and attached documents) prior to submitting it to the USCIS, or having her prepare, submit and represent you and your spouse throughout the I-751 Petition process, which can take up to one year. She has reviewed I-751 Petitions for over 10 years and her experience informs her whether yours is likely to pass or not.

Call Attorney Nelisse toll free at (877) 884-6644 and ask for a free telelphone I-751 Petition consulation to discuss whether legal representation is necessary in your case.

CLICK HERE AND READ ALEXANDRA'S STORY: HOW SHE HANDED HER I-751 PETITION AND GOT HER 10 YEAR GREEN CARD AFTER HER DIVORCE

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I was astounded to find this I-751 approval letter in the mail today. We are very blessed it got approved so fast without an interview and even before my 2 year conditional green card expires! I am flying to DC Wednesday to join my husband as he is there on temporary duty. . . [two days later] . . . Can you believe I got my 10 year green card today!! So blessed!! Thank you sooooo much for all your help with us. Its been a great blessing to have your excellent prompt professional services. Always happy to keep recommending your services to others. My husband and I are so excited!!

Cheers,
C + M in Arizona, July 2009 (originally from Australia)

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