Originally posted by 4now:
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Originally posted by NewYorker:
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Originally posted by Patrick Smith:
I think that you should contest the divorce so that you have ample time to have your application approved,I had contested my divorce because most of the stuff that my ex wife used against me in the divorce papers were not true,and she was trying to have me deported stating that I treated her cruely.
Thank you very much Patrick!
If I understand you correctly you are advising to contest the divorce until I get the I-751 approved, right? Couple of quest. to that:
1. Don't I have to notify uscis that I am in the divorce process?
2. You have contested but still filed another I-751 for the second time, correct?
Hello New Yorker
This is not what you want to do. Do not contest the divorce as it will delay what you need. Even if you get an approval while the divorce is filed under this deception, it will be found out when you apply for citizenship and you will be denied, then they will go back and deny the approved greencard that you received becuase they will see that the divorce was applied for while you had filed the 751 joint. Do not try to perpetrate the fraud by doing this.
You have to notify uscis that divorce was filed . they have a memo for the procedure. You are lucky becuase you dont expire until feb 2009.
If you can get the divorce done in 30 days, even better for you. So if she is agreeing to everything then take the divorce. You cannot file your waiver until you have a final divorce decree in your hand.
Once you receive the divorce decree , you can file the 751 waiver based on good faith marriage.
p.s. If you are in new york, I believe there is a seperation wait time that has to be satified before divorce can be filed. If this is the case, then you have a problem.
Good luck