Filed I-751 in Nov, 2008. Got invitation letter for an interview to remove conditions on the temporary green card.
I am separated with my wife, and she filed for a divorce in Jan, 2009.
What should I do? Any advice?
1. Do I have chances to get approved on the interview if I come without my wife, but show a lot of documents stating that I entered marriage in a good faith?
2. Do I have changes to get approved on the interview if I come with my wife, but will be truthful about our situation?
1. Provide bills sent to both names 2. Bank statements in both names 3. Affidavits from friends and family 4. Mortgages or leases in both names 5. Property in both names 6. An affidavit from the spouse testifying to the validity of the marriage or have her go with you if you are sure she won't whack out
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just an FYI. I entered marriage in a good faith. It just didn't work out.
So, you are saying they will approve my GK even if I come by myself and provide enough documents showing that it is a bona fita marriage?
quote:
Originally posted by SonofMichael: Very easy; they never deny I-751 cases.
1. Provide bills sent to both names 2. Bank statements in both names 3. Affidavits from friends and family 4. Mortgages or leases in both names 5. Property in both names 6. An affidavit from the spouse testifying to the validity of the marriage or have her go with you if you are sure she won't whack out
6. An affidavit from the spouse testifying to the validity of the marriage or have her go with you if you are sure she won't whack out
That is not a requirement. You can include affidavits from friends or family that knew both of you. They do deny I-751 cases if there is not enough evidence.
In the beginning the Universe was created. This has made a lot of people very angry and has been widely regarded as a bad move - Douglas Adams
Originally posted by Brit4064: 6. An affidavit from the spouse testifying to the validity of the marriage or have her go with you if you are sure she won't whack out
That is not a requirement. You can include affidavits from friends or family that knew both of you. They do deny I-751 cases if there is not enough evidence.
MORON; I did not say it was a requirement. It would be VERY powerful and persuasive and if possible, it would be stupid not to include it. You are so stupid. Shut up and never comment on anything I say you nasty ugly evil woman. fraudster.
If you are still married at the time of the interview your wife must attend and she must sign the petition. If she does not attend the interview or refuses to sign the petition will be denied. That simple.
The moment you capitulate to lawlessness you've lost your civility.
Posts: 9113 | Location: San Diego, or near by. | Registered: 06-08-2007
We are like a family here, all in the similar situations (at least our root situation). Thank you again!
Here is my concern.
I talked to bunch of lawyers and 90% of them told me that I do not have chances to pass the interview without her.
True.. 100% of them should have told you this
Here is the fact: I do have enough info/docs showing our marriage as bona fita.
Decision:
1. If I am sure that I can pass without my wife, I will go myself.
You will be denied 100% guarantee
2. If I cannot pass without my wife, I will take her with me, and be truthful about our state of marriage (separated, in divorce)
best option but see this..
3. If 2. not enough, my wife might be willing to testify that we still live together.
This will backfire if you use seperate addresses, and even if you pull it off now, the truth will come out when you apply for citizenship and you will be denied for that and they will revoke your greencard and you will have to apply again with the waiver
Please advice. What is the best way to deal with this situation?
There is a proper way and that is following uscis procedures as listed below.
This is USCIS memo released 12/27/2004
December 27, 2004 NSC Flash #6-2005 The Effect of Separation/Divorce on Pending I-751 Petitions to Remove the Conditions on Residence The effect of separation and/or divorce on the filing and adjudication of I-751 petitions is described below according to the various scenarios that exist. "¢ "¢ "¢ If the petitioner and beneficiary are divorced at the time the I-751 should be filed, the beneficiary should file the I-751 (only s/he needs to sign) and mark "d" in Part 2.
If the petitioner and beneficiary filed an I-751 petition jointly but ‰ separate before a decision is made on the I-751, the beneficiary should notify the NSC that s/he is currently separated by sending a letter to PO Box 82521, Lincoln, NE 68501- 2521. The case will then be relocated to the local district office for an interview.
‰ get divorced while the petition is pending, the beneficiary should file a new I-751 petition with fee (only s/he needs to sign), marking "d" in Part 2. The beneficiary should also request that the Service withdraw the first petition. If the petitioner and beneficiary are separated at the time the I-751 should be filed, the beneficiary should file the I-751 and mark "d" in Part 2. The NSC will relocate the case to the local office for an interview.
‰ If the petitioner and beneficiary are separated at the time the I-751 should be filed and the beneficiary files an I-751 as instructed above but the divorce becomes final while the I-751 is still pending, the beneficiary should file a new I-751 petition with fee (only s/he needs to sign), marking "d" in Part 2. The beneficiary should also request that the Service withdraw the first petition. Petitioner and beneficiaries are reminded that required supporting documentation must accompany any petition.
This is the portion relative to your situation:
If the petitioner and beneficiary filed an I-751 petition jointly but ‰ separate before a decision is made on the I-751, the beneficiary should notify the NSC that s/he is currently separated by sending a letter to PO Box 82521, Lincoln, NE 68501- 2521. The case will then be relocated to the local district office for an interview.
Now you are in an awkward position. The divorce has to a final decree in order to apply for the 751 waiver. You need to quickly get that divorce. If you are in new york, there is a 1 yr mandatory seperation which will screw you even more. Think about what choice you will make
Originally posted by davdah: If you are still married at the time of the interview your wife must attend and she must sign the petition. If she does not attend the interview or refuses to sign the petition will be denied. That simple.
The scenario goes like this..... If a joint 751 petition was filed, then the petition was already signed by both parties, and both parties must attend the interview.
Best thing to do if not divorced yet or in time is to ask for a continuance (reschedule the interview). What 4now says is true. If it's a joint petition, both of you MUST attend the interview.
In the beginning the Universe was created. This has made a lot of people very angry and has been widely regarded as a bad move - Douglas Adams
Originally posted by davdah: If they are still married isn't it required to be a joint filing?
That is the point of the 751 to remove conditions. The application was already filed, so this is why it is not an issue. He was called for an interview and both have to attend for a possible approval. attending alone no matter how much evidence that is presented will result in a denial.
That assumes she signed the thing. If it was filed in November and she filed for divorce in January things were probably rotten a couple months prior. Women being the usual vindictive creatures they are. I wouldn't be surprised if it turns out she never signed the thing. Or, maybe someone signed it for her out of desperation
The moment you capitulate to lawlessness you've lost your civility.
Posts: 9113 | Location: San Diego, or near by. | Registered: 06-08-2007
Originally posted by NewYorker: Looks like I am in a very bad situation.
If my case will be denied, it will take a long time to get a divorce, since my wife wants to try with me again.
Will USCIS give me that much time? Might take year, maybe more..
You have already been advised by us in the past thru previous threads. It doesnt get any better than this if you say your wife wants to try with you again.
If this is the case, have her withdraw the divorce and move back in with her. Then you can either attend the interview together to seek the approval, or reschedule the interview for both of youo to attend. I would go with her now before she changes her mind.
It is not a problem that you had some marital troubles, what is important is that you are together and building a life during time of interivew to remove conditions.
If you decide to wait for the divorce.. It does not matter how long it takes, just once you get final decree, then you can file the 751 waiver. The downside is that once the i797 expires, you will not have any proof of status, and actuallly you will receive a letter that your status has been terminated and you will go into removal proceedings.. but not to worry, an IJ will just continue your case until the divorce is final.
Good luck with that decision and marriage reconciliation.
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