I was issued an NTA based on the fact that I was divorced two months before my I-751 was approved without interview (as I had sent in 3 inch thick file of evidence). The IJ has simply changed the venue and next hearing is in Oct.
Menawhile, I have submitted new I-751 with good faith waiver checked three years after the due date. Now the qustions are:
1. I have not recieved any Receipt Notice in past 60 days from VSC. are they not issuing any or they have delayed because I am in removal proceedings? Is that usual?
2. The checkes were cashed with July Receipt Date written on them. I have copies? Is that my priority date, July 2007?
3. I have re-married with in two years after first divorce. Does it have any negative affect on my I-751 visa interview. How to overcome this?
Please advise if any one had similar exeprience and what was the outcome? Inunderstand once my waiver is approved the case will be dismissed and I can apply for Naturalization.
A little confused here. Did you send in a joint 751 form with the evidence???? Were you still with your husband when you filed the joint form?? And u mention that USCIS approved the app but reversed the decision when they found out you were divorced?
So now you are in removal proceedings, and have submitted 751 waiver with same evidence and have an interview in October... correct?
Your new marriage will not have any negative effect on the interview. If approved, you can apply for naturalization under the 5 years rule.. that will be 4 yrs and 9 months from the date on your conditional green card.
Be glad the "mistake" was found out , and that you didnt obtain the green card fraudulently and then applied for citizenship. It would have come out in the citiZenship review that you were divorced and the green card was not valid.... therefore losing chance at citizenship, and having your card revoked for fraud and placed into removal proceedings.
Here is the time line. AOS based on marraige to USC 3/1/2002 Filed I-751 to lift conditions 10/6/2003. Divorced from USC 7/14/2004 Approval of I-751 dated 9/14/2004 (2 months after divorce). Applied for Naturalization N-400 10/18/06 Interviewed for Natz 4/17/2007 Received Notice to appear dt: 5/22/2007 Appeared before IJ: 6/26/2007 case sent for venue change Sent second I-751 with good faith waiver 6/29/2007 Received Biometrics dated 9/10/2007 Checked case status on line states: Application type : CRI89, PETITION TO REMOVE CONDITIONS OR PERMENENT RESIDENT STATUS RECEIVED
Current Status: Approval notice sent.
On November 5, 2004, we mailed you a notice that we have approved this CRI89 petition to remove conditions of permanent resident status RECEIVED. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Now the questions is, what does this mean. Is this a hoax. I am still going for biometrics. any one encountered the same situation. Is this real approval or they are just messing with me.
yes, i got my 10 yr card in october 2004 when i originally filed joint i-751 and it got approved in sept 2004 two months after divorce date. bcis did not find this out until i applied for citizenship.
do you think my second i-751 waiver has been approved without interview in 2 1/2 months at vsc....
You already got your green card and you have re married again. I would think maybe you don't want to apply for N-400 until 3 years after the second marrige? I am not sure...
make an appointment and follow your case, take all receipts and documents you have; the immigration officer will check your case in the system and will tell you what to do.
infopass and national customer sevice are no help. infopass want me to as immigration judge about the status, whereas the case was approved by uscis online status
Hi!My situation is same like yours.I was approve one months after divorce and I still haven't call immigration and widhrawal the I 751 joint marriage. Please let me now what can I do? What if going to happened if I never apply for passport just renew my grreen card after ten years?
Fix your situation now before it catches up to you. YOu will be found out when you apply for citizenship and when you apply for 10 yr renewal
You need to notify USCIS that you were divorced prior to adjudiction of 751. You can do this at the same time that you apply the 751 waiver. Submit the same evidences that you did for the joint petition and a copy of the final divorce decree. Now u will be paying a higher fee b/c you waited.
I am scaret to call the immigration because I know they are going to denied my case. In the file for divorce that my husband send me saying that our marriage is irretrievably broken and we are separate from 2005.Do they are going to look for file for divorce or just the final degree?What kind of reason can I tell to the officer ?
I do not know details of your case. Can you give what stage you are in the process. You must have filed I-751 good faith waiver. You also have hardship and abuse waiver, if circumstances are such that. The claim of iretreiveable broken marriage is a good faith claim. You just have to prove you entered into marriage with good faith by submitting doctors bills, lease, insuarnce bills and tax returns, utility bills all JOINT. write dwon a detailed statement and send it to service ceneter with receipt number and take one with you with all the paper work in original
Thank you for the informative posts.Can someone answer these questions? I am a conditional permanent resident based on marriage to a USC wife.We need to file i-751 jointly in february 4 months from now. we are contemplating moving to another state before then.Can such a move affect the petition negatively like delay it or something? my next question is that i have tolerated her to the end of my nerves basically to safeguard my immigration status.A divorce is inevitable coz i cant live like this forever.No way!! If i divorce her before the joint signing and possibly before the interview what are my chances of getting a waiver?The marriage has lasted 3 years living together and i have tons of evidence. What happens if i tolerate the situation till after the removal of conditions and then file for divorce? can i get into trouble for that?What is the best strategy?please help?
Please start your own thread so that advice can be given to you without the original poster thinking that more info is being given to him in this thread.
Originally posted by display)name: I am scaret to call the immigration because I know they are going to denied my case. In the file for divorce that my husband send me saying that our marriage is irretrievably broken and we are separate from 2005.Do they are going to look for file for divorce or just the final degree?What kind of reason can I tell to the officer ?
Display name,
You must contact an immigration attorney and ask him or her to advise you. My understanding is that a petition that was adjudicated after the marriage through which the residency can be conferred has been terminated, is not a valid approval. If USCIS learns of this your status will be revoked, and you will stand in better position if you are proactive and take steps to correct the mistake before it is discovered.
Get thee to an immigration attorney!
Posts: 2162 | Location: USA | Registered: 07-25-2003
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Very smart.
