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ILW.COM Homepage    discuss.ilw.com    discuss.ilw.com    Immigration Discussion    I-751 after divorce
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Associate Member
Posted
This is truly a great forum. Please bear with me so that i can give a background.

I got a conditional Green card through marriage to a US citizen. Ours was a arranged marriage (marriages are done this way from where i come). We met in January 2007 and got engaged next month. Our parents fixed our marriage and we got married in July 2007 in India in a traditional and religious ceremony with all the whole nine yards stuff.

At that time, I already had a H1 B visa and my entry into the US was on that visa. Initially I was living with her at her parents. When I had to join my employer my wife didnt want to go with me saying she was studying and didnt want to leave her parents (Complete shocker for me). At this stage, she and her parents told me to give up my H1B so that she can sponsor my Green card. On their insistence (and the biggest mistake i made) I revoked my H1B and we did an AOS based on marriage. After 8 months I got my conditional green card. During this period I was still living with them and doing odd jobs since economy went into recession and jobs were not coming by easily however hard i tried. And during this period I had frequent arguments with her and my in laws. Meanwhile I got a good job but i was fed up living with them and I wanted to leave their place and requested my wife to come with me. She said NO.

One night I had a big showdown with my inlaws since they got hold of some emails which I sent to some girls (kind of online flirting) before getting and some after getting married. I know I was wrong but they used it as a pretext for the future events to happen (this is a completely different story). That night they called the police and I was escorted to a motel with bare minimum belongings. I found that they stole my green card, EAD and the marriage certificate. except for these things i had all the documents in my bag.

I complained to the police. no go. i then applied for a duplicate and got another green card. Life was going OK and one day she slapped me with divorce notice. During this time we got separated from each other, I tried very hard to reconcile and make this marriage work. All my pleas fell on deaf ears. i told her I am not going to divorce her unless we meet once and try to sought out things. She then slaps me with a restraining order under domestic violence even though I never met her and never ever harmed or threatened her. We were not even living together. Her dad said to my parents that if they got me convicted, then i am screwed and my immigration will be impossible which is true as per law. Case went on in family court and I won since they could not prove the charges. the charges were withdrawn. Since i was really fed and heart broken with her, I signed the divorce papers and we got divorced finally after 18 months of marriage. At the time of divorce, my lawyer made a divorce agreement which clearly mentions why we are getting divorced and that the marriage didnt take place to gain any immigration benefits and some other random stuff. We both signed it and got divorced on mutual understanding.

Now comes the immigration picture. I need to get my permanent green card approved. At this stage, i know what to do.

1. Hire an attorney and file for I 751 waiver under married with good faith. Since I am already divorced, i can file for a waiver. I don't have tons of evidence but considerable evidence like joint checking and saving account statements, joint car insurance, lots and lots of pics of wedding and pics after marriage, email correspondences and some other stuff. Is this enough?

2. Will that domestic violence case have a bad effect on my case even though it was dismissed and should i state that in my application?

3. I am a law abiding immigrant with a good job, I pay my taxes and I entered US legally. Will this be of importance.

After all this what do you guys think are my chances of getting through. Bear in my mind that my ex wife may have written to the immigration against me coz they are very vindictive. How should i prepare myself?

Thank you v much.
 
Posts: 9 | Registered: 10-07-2009Reply With QuoteEdit or Delete MessageReport This Post
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Picture of SonofMichael
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This is a truly great forum. Mostly because of me. We give the best advices in the world here. We are experts on I-751. You cheated on your wife because she smelled like curry, right? Well you should have gone to Russia where they do not eat curry and picked out a mail order bride. Russians do not eat curry. But like Europeans they also don't use deoderant. But we have good excellent news for you; we have the answer to your question. Get out you scammer !!!!
 
Posts: 4463 | Registered: 05-30-2006Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of Sprint_girl07
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quote:
Originally posted by SonofMichael:
This is a truly great forum. Mostly because of me. We give the best advices in the world here. We are experts on I-751. You cheated on your wife because she smelled like curry, right? Well you should have gone to Russia where they do not eat curry and picked out a mail order bride. Russians do not eat curry. But like Europeans they also don't use deoderant. But we have good excellent news for you; we have the answer to your question. Get out you scammer !!!!


Is this legal advice as a lawyer Michael?


-----------------------------------------------------------------------------------------------
God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too Smile

National Domestic Violence Hotline:
1.800.799.SAFE (7233) 1.800.787.3224 (TTY)
Anonymous & Confidential Help 24/7
 
Posts: 9686 | Registered: 06-06-2007Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of Sprint_girl07
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indianinus786, welcome to ilw,

Please ignore the trolls.


-----------------------------------------------------------------------------------------------
God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too Smile

National Domestic Violence Hotline:
1.800.799.SAFE (7233) 1.800.787.3224 (TTY)
Anonymous & Confidential Help 24/7
 
Posts: 9686 | Registered: 06-06-2007Reply With QuoteEdit or Delete MessageReport This Post
Power Member
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Posts: 4463 | Registered: 05-30-2006Reply With QuoteEdit or Delete MessageReport This Post
Associate Member
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Can someone get this sonofmichael out of this forum? Hes really been a nasty guy. I am looking for honest and genuine advice and so are other people.

and for the record I am not a scammer and NO i did not cheat on my wife. Get a life sonofmichael
 
Posts: 9 | Registered: 10-07-2009Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of SonofMichael
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quote:
Originally posted by indianinus786:
Can someone get this sonofmichael out of this forum? Hes really been a nasty guy. I am looking for honest and genuine advice and so are other people.

and for the record I am not a scammer and NO i did not cheat on my wife. Get a life sonofmichael


Are you nuts? I am the NICEST person ever !!!
You ADMITTED you were cheating; in your own words: "emails which I sent to some girls (kind of online flirting)". Why are you flirting and sending emails to other girls when you are married??? Thats the definition of cheating. You have insulted me ! Get off MY board !!!!
 
Posts: 4463 | Registered: 05-30-2006Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of SonofMichael
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quote:
Originally posted by indianinus786: I am looking for honest and genuine advice



Except that you can not handle it !!
 
Posts: 4463 | Registered: 05-30-2006Reply With QuoteEdit or Delete MessageReport This Post
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Hi indianinus786, I don't see much of a problem. The evidences you mention seem good. Anything in joint names is the best kind of evidence and you mention she signed off on the divorce which gave the situation as to why the divorce occurred and that it wasn't for immigration benefit at all.

Go with what you have planned, file the I-751 with waiver. Expect an interview at which you'll be questioned with a fraud angle. Answer honestly and truthfully. Answer the question only, don't elaborate and you should be ok.

If there is a poison letter from the ex to the USCIS, I can't see how it could be used against you as she already effectively agreed in the divorce settlement to a good faith marriage. Not all marriages end on a good note. Mine didn't and I've been through the I-751 interview thing without a problem. Good luck.


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
 
Posts: 3583 | Registered: 03-13-2005Reply With QuoteEdit or Delete MessageReport This Post
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Thanx a bunch Brit4064. I am not thanking you because i like reading positive replies. to me it looked like a honest reply.
 
Posts: 9 | Registered: 10-07-2009Reply With QuoteEdit or Delete MessageReport This Post
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Looks like you will have no problems. No DV conviction, so no problem there. It is clear that the marriage was entered into good faith and the divorce decree supports this.

Just some words of advice from the Bible: Upon marriage a man cleaves to his wife and leaves his father's house. Just make sure your next wife leaves her father's house as well. Man and woman are made as one in the Lord. That is the start of a good marriage.
 
Posts: 2025 | Registered: 08-19-2008Reply With QuoteEdit or Delete MessageReport This Post
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i appreciate your kind advice. thank you.
 
Posts: 9 | Registered: 10-07-2009Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of davdah
Posted Hide Post
quote:
1. Hire an attorney and file for I 751 waiver under married with good faith. Since I am already divorced, i can file for a waiver. I don't have tons of evidence but considerable evidence like joint checking and saving account statements, joint car insurance, lots and lots of pics of wedding and pics after marriage, email correspondences and some other stuff. Is this enough?

2. Will that domestic violence case have a bad effect on my case even though it was dismissed and should i state that in my application?

3. I am a law abiding immigrant with a good job, I pay my taxes and I entered US legally. Will this be of importance.




If your X filed a complaint with those e-mails you might be screwed. That would show lack of good faith.




The moment you capitulate to lawlessness you've lost your civility.

 
Posts: 8963 | Location: San Diego, or near by. | Registered: 06-08-2007Reply With QuoteEdit or Delete MessageReport This Post
Regular Member
Posted Hide Post
quote:
Originally posted by federale86:
Looks like you will have no problems. No DV conviction, so no problem there. It is clear that the marriage was entered into good faith and the divorce decree supports this.

Just some words of advice from the Bible: Upon marriage a man cleaves to his wife and leaves his father's house. Just make sure your next wife leaves her father's house as well. Man and woman are made as one in the Lord. That is the start of a good marriage.


federale:

You say that a divorce decree supports good faith --- So a fraud who divorces his wife with a legit decree got married on good faith.

please clarify.
 
Posts: 32 | Registered: 08-27-2008Reply With QuoteEdit or Delete MessageReport This Post
Regular Member
Posted Hide Post
quote:
Originally posted by davdah:
quote:
1. Hire an attorney and file for I 751 waiver under married with good faith. Since I am already divorced, i can file for a waiver. I don't have tons of evidence but considerable evidence like joint checking and saving account statements, joint car insurance, lots and lots of pics of wedding and pics after marriage, email correspondences and some other stuff. Is this enough?

2. Will that domestic violence case have a bad effect on my case even though it was dismissed and should i state that in my application?

3. I am a law abiding immigrant with a good job, I pay my taxes and I entered US legally. Will this be of importance.




If your X filed a complaint with those e-mails you might be screwed. That would show lack of good faith.


davdah:

i agree, very possible.
 
Posts: 32 | Registered: 08-27-2008Reply With QuoteEdit or Delete MessageReport This Post
Associate Member
Posted Hide Post
yeah very possible. i also agree. i dont wanna think about it now. i have left it on destiny...
 
Posts: 9 | Registered: 10-07-2009Reply With QuoteEdit or Delete MessageReport This Post
Associate Member
Posted Hide Post
quote:
Originally posted by siteilw:
quote:
Originally posted by federale86:
Looks like you will have no problems. No DV conviction, so no problem there. It is clear that the marriage was entered into good faith and the divorce decree supports this.

Just some words of advice from the Bible: Upon marriage a man cleaves to his wife and leaves his father's house. Just make sure your next wife leaves her father's house as well. Man and woman are made as one in the Lord. That is the start of a good marriage.


federale:

You say that a divorce decree supports good faith --- So a fraud who divorces his wife with a legit decree got married on good faith.

please clarify.


By the way steilw, i am not a fraud and I did not divorce my wife. its she who initiated it.
 
Posts: 9 | Registered: 10-07-2009Reply With QuoteEdit or Delete MessageReport This Post
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Picture of OldE
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You have the limitless right to flirt and have s-e-x with any adult consenting woman regardless of your marital status.
This is a fundamental, Constituionally protected right of any man and no mortal can take it from you , unless your neighbors are members of Taliban.

This being said:

1) Did you enter the marriage and maintain it in good faith? (whether you had limitless s-e-x and flirted with adult consenting women is irrelevant to this important question)

2)For DWC see INA 237 , it's very serious statute and there are practically no waivers if you were convicted. Consult good immigration attorney about relevance of dismissed case in your situation.

3)It is secondary in importance to what is highlighted above.


__________________________________________________________________

It is not necessary for the public to know whether I am joking or whether I am serious, just as it is not necessary for me to know it myself.

Salvador Dali
 
Posts: 1715 | Registered: 04-05-2008Reply With QuoteEdit or Delete MessageReport This Post
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Posted Hide Post
olde,

In the first place, i did not have *** nor did i flirt with adult consenting women. it was online flirting and i had no plans to do anything physical.

Yes i entered the marriage in good faith, was a good husband for most of the part but our relationship did have its ups and downs.

no i was not convicted of domestic violence. the case was dismissed.
 
Posts: 9 | Registered: 10-07-2009Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of SonofMichael
Posted Hide Post
quote:
Originally posted by indianinus786:
olde,

In the first place, i did not have *** nor did i flirt with adult consenting women. it was online flirting and i had no plans to do anything physical.


BULLS**T !!!! Why flirt then? Was your "wife" aware of what you were doing? This is how you treat someone you claim you love; by not showing any respect ? What do you mean by "nor did i flirt with adult consenting women"; you were flirting with children or boys obviously !Disgusting piece of gsrbage !
 
Posts: 4463 | Registered: 05-30-2006Reply With QuoteEdit or Delete MessageReport This Post
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