Ladies and gentelmen,
Yesterday i had an interview for my I-751 at the NY immigration center. My wife didn't show up because we have been seperated for four months and she is pissed at me. We filed the I-751 for the removal of conditins jointly on October 2002 and i thought that because of all the proof that i sent to show the USCIS that the marriage was real would have been enough. But they still called us for an interview. Unfortunately, we got separated on July 2004 and they schedulaed the appintment on November 17, 2004. When i met the immigration office, she asked me about my wife; when i told her that i called her and she didn't show up, the office looked me and without looking at any of the paper work i brought with me and said that either the wife has to be present or i have to file a new application based on another ground for removing the conditions (such as divorce). in such case i have to wait one year for the divorce to be finalized and then i can file at Vermont center again, which will take another two years to hear from them. I refused to do what she told me and she said that she would give me another chance to bring my wife. I have another appointment this monday.
This is my questions:
1-is there any chance that they may remove the conditions on Monday even though my wife will not be present ( i called her and she did not return my call)
2-in case of divorce, what will be my status while i am waiting for the divorce to be finalised and before i file for a new application?
3-Can a lawyer help in this situation? is there anything in the law that tackles this issue of the wife refusing to appear?
4-what are my chances of getting the conditions removed?
thank you for the advice

IT'S A FREAKING EPIDEMIC I TELL YOU !!!!!

msayoufi:

These are the responses to your questions:

#1: You have 0 chance. Sorry for the bad news, but by LAW your wife must appear or otherwise your petition will be denied.

#2: If denied they could start removal proceedings immediately. It seems you got a nice officer, other one would have already deny you in the spot and started removal proceedings. Take advantage of this if your wife does not show, and ask him to give you an extension or do not start removal proceedings until you get a divorce. If you and your wife is separated I don't even know why do you want her to show up, it could hurt you since it is clear that your marriage is no longer viable.

#3: The only lawyer that could help you know is a divorce one. You must file for divorce if your marriage is no longer viable so once your divorce is finalized you could re-file an I-751 with a waiver for having entered into the marriage in good faith but ended in divorce. You must have a lot of evidences about your marriage, an affidavit from your wife stating that you guys shared a life together and married in good faith will certainly help.

#4: There is no way to determine what your chances are. Waiver cases are hard, and all of them are different. What I could tell you is that your chances of getting approved under the Jointly Filed I-751 are 0, even if your wife shows up, because you already appear without her, and you have to make up a good excuse as to why are you guys living separately [for example you guys are trying to solve your differences].

msayoufi,
I'm sorry to hear that, it was just your bad luck to be called for an interview after 2 years of waiting and 3 months form being separated but any way, I can argue with Aguila by saying if the officer would deny your application thinking your marriage is no longer viable, he wouldn't have given you the chance to bring your wife on Monday.

The easiest way to do it is to get hold of your wife, do whatever it takes to have her to show up at the interview, I understand sometimes it's too hard to do that especially with some kind of wild women, but hey it worth it.

Aguila, the good reason for the separation can be anything, and I doubt that officer would deny the petition based on the separation as long as the applicant can show enough evidence and strong proof of bona fide marriage.

Good luck

Aguila is right. On Monday you need your wife. She has to be there otherwise you are out. Its all their is to it.
If that does not happen request an extension so you can file for divorce and you will re-file the I-751 and check the good faith marriage. Wow you showed up with out her vey good shows a lot of confidence and you were unaware of the consequences. The officer thought you were genuine and naive to this whole thing.

Please keep us posted. Many of us here in this board are not sure what will happen when our day arrives.

You should have worshipped that woman.

Thank you guys for your input. I called an immigration lawyer this morning and i am going to meet with him tomorrow to discuss this matter. I guess i am just going to show up on Monday and see what happens. By the way, does any one know what my status would be after the denial of the first application. I believe they won't stamp another "1-751 PENDING" in my passport. What stamp will they put in my passport while i am still waiting for my divorce to be finalized? it will take about a year to finalize the divorce and file my new application beased on DIVORCE!!!

They will kick your a$$ out of my country; Fraudster !!!! Get the f u c k out of my country !!!!!!!

I shouldn't be helping a fraudster but here is my advice and unless you want to be deported, you better listen up. Offer your wife $10,000 to help you. $5000 before the interview and $5000 afterwards; work out details with lawyer for divorce. Postpone interview if need more time (you are allowed one postponement) but better if you didn't; less suspicious. Even if you were able to apply for another I-751, you would lose as much in legal fees.

Michael helping a fraudster?

Very interesting, I'm definitely saving this page.

I'm still in shock.

very interesting.

Mr M.

The BAD NEWS:

Aguila is correct. zero chance. It is the law that interview has to occur. USCIS just generally waives the interview and approves on proof sent in. It is at their sole discretion.

Yes your status will be terminated. Yes you will go into removal proceedings. When you appear before the Imm Judge you will request extension to finalize divorce to be able to proceed with I-751 waiver based on bona fide marriage. They will give you a stamp in your passport that will restore your status until decision/adjudication can be made on your case. Most likely you will not receive date for hearing before IJ for 4 to 6 months at earliest. You should be able to request stamp in passport based on the circumstances.

The GOOD NEWS:
The good news is that these days VSC is not taking very long to adjudicate 751's

If you can get her to come on Monday, dont worry about being seperated. It can still be adjudicated for bonafide marriage. You just cannot be divorced at the time of the interview.

Just curius Dude.... Interview trigger???

Any previous marriages for you two? or wide age gap... Maybe she wrote a letter u think??

Ignore Michael's advice.

Doing anything close to that would be most likely illegal - at the very least grounds for denial and deportation.

Obviously he is not helping - he is simply trying to set you up.

Read 4now's and Aguila's responses very carefully - they are correct...

ARQU

I'm hoping the USC takes his money, goes to the interview and tells them that he offered her money; hee hee

ARQU,
In this situation if Mr. Sayoufi work out any deal with his wife that will save him a big big $$$ + years of stress.

He should try whatever is pissible.

Still, Michael is a son of a fraudster, and he will be punished for it, I promise.