Silsbee, TX Immigration Law Firms & Lawyers

Hello. You can apply for a change of status while in OPT status or 90 thereafter. Please contact me for a free consultation for further case specific information.

Required? No, but it does help. You are going to need to prove that your marriage is bona-fide and not just for immigration purposes. These documents (Joint Tax Returns and Joint Bank Accounts) are normally provided to prove the legitimacy of your marriage. There are many other documents which can be used, such as auto registrations, rental agreements, mortgages, insurance, just to name a few. I suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case, advise you of your options and make sure that the necessary paperwork and documentation is presented so as not to delay the process.

It takes about 6 months for a removal of the condition (I-751) to be adjudicated. If the package was poorly documented, you might get a Request for Evidence (RFE), which will delay the adjudication. If your I-751 was filed properly more than 6 months ago, and was well documented, you might get an approval any day now. However, if the I-751 was recently filed, was poorly documented, you need to act quickly. If your wife writes a letter to the USCIS indicating she no longer wants to help you out, the I-751 will be denied. You need to locate an attorney that never represented your wife. This attorney will work only for you. There are three other ways to file an i-751 without your spouse. 1. Good faith waiver. This is the easiest way. It is like the package you just filed (Must contain evidence of life together, and joint documents such as pictures, tax return, rental agreement, joint AAA card, joint bank accounts, etc.). However you must provide proof that your divorce has been filed or is final, and explain the story of your relationship (how you met, what was good, was made it go bad, why getting a divorce). It is best to file with proof your divorce has been filed, then wait about 6 months: The USCIS will send you a RFE asking for the final judgment of divorce / dissolution., which you will submit at that time. (This is the type of waiver which I file the most frequently) 2. Abuse / Domestic violence waiver: This is more difficult than the previous option. Must show you got married in good faith (Proof of life together), and include a detailed statement about the abuse. There is no need to have a pending divorce. This waiver falls under VAWA (Violence Against Women Act). Despite the name, it protects not only women, but men too. (I file a lot of these type of waivers) 3. Hardship waiver: Must show that someone will suffer hardship if you are returned to your country. This is not used very frequently, and I have personally used this method only twice in the last 12 years. You do not have much time to waste. Get help quickly. Good luck.