Legal Question in Immigration Law in Virginia

can i file for I-751 waiver without being divorce finalized ? as still I'm living with my husband , can my husband file for annulment because our marriage is not consummated because of my medical problem ?We married on 2014

Asked on 6/11/17, 6:46 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Yes, you can file for a waiver based upon a showing of extreme hardship as well as other criteria such as serious

spousal abuse but without a finalized divorce, it is unlikely to be approved.

And, yes, if your marriage has yet to be consumated after some three years, your husband would

likely have valid grounds for seeking an annulment under Virginia law.

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Answered on 6/12/17, 9:47 am

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