If I-751 was filed as a joint petition and you and your spouse split up, you don’t need to send explanatory letters to USCIS. Update your address through form AR-11 — that’s the main thing. Wait until you can file for divorce, then file your own I-751 with a divorce waiver.
What to do immediately
If your address has changed, update it in USCIS through form AR-11. No other action is necessary at this time. Do not write letters through the portal about the marriage breakup or send additional documents: this will only slow down the process.
Verify that your address update went through. This is the only administrative step required in your situation at this stage.
Divorce waiver is the key requirement
You cannot file your own I-751 until you obtain a divorce waiver. This is a document confirming that you intend to dissolve the marriage or have already initiated the process.
Waiting periods vary by state. If you are in South Carolina, the law requires you to live separate for one year before filing for divorce. If your spouse moves to a state with no such requirement — for example, Pennsylvania, where no-fault divorce is allowed within 90 days of establishing residency (which requires 6 months of living there) — he can speed up the process. This will cut several months off the overall timeline.
When to file your own I-751
Do not wait until the divorce is finalized. You can file I-751 with a divorce waiver before the court issues a final decree. The key requirement is that the divorce must be approved by the time your I-751 is reviewed, which typically takes one and a half to two years from the filing date.
If you are approximately one and a half years after the joint I-751 filing (as in the case described), you have enough time to complete the divorce and meet the requirements before your interview.
Joint interview on the old I-751 remains possible
If USCIS invites you to an interview on the joint petition before the marriage is dissolved, and you remain on good terms, your spouse can still appear and help verify the validity of the marriage. However, do not rely on this. It is better to assume that the interview will not happen or will occur after the divorce process begins.
In any case, filing your own I-751 is your safe strategy that does not depend on cooperation with your ex-spouse.
Action timeline
- Immediately: make sure your address is updated through AR-11.
- As soon as possible: initiate the divorce process in your state (or consult with a lawyer about strategy if your spouse can move to a state with faster timelines).
- Once you get the divorce waiver: file your own I-751.
- Expect your interview and approval within one and a half to two years.
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