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  • Filed I-751, Interview next week

    FRIENDS,

    Please help in the following situation.

    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?

    3. Any other advice? (lawyers? ...)

    Thank you ALL in advance!!

  • #2
    FRIENDS,

    Please help in the following situation.

    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?

    3. Any other advice? (lawyers? ...)

    Thank you ALL in advance!!

    Comment


    • #3
      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

      Another fraudster beats the system !!!

      Comment


      • #4
        The Truth S U C K S!!!!
        USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

        Comment


        • #5
          Michael,

          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?

          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">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

          Another fraudster beats the system !!!
          </div></BLOCKQUOTE>

          Comment


          • #6
            Yes; its very easy especially with cooperative spouse. You didn't steal any money from her did you?

            Comment


            • #7
              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.
              "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">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. </div></BLOCKQUOTE>

                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.

                Comment


                • #9
                  Folks,

                  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.

                  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.

                  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)

                  3. If 2. not enough, my wife might be willing to testify that we still live together.

                  Please advice. What is the best way to deal with this situation?

                  Comment


                  • #10
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by NewYorker:
                    Folks,

                    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.

                    <span class="ev_code_RED">True.. 100% of them should have told you this</span>

                    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.


                    <span class="ev_code_RED">You will be denied 100% guarantee</span>



                    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)



                    <span class="ev_code_RED">best option but see this..</span>

                    3. If 2. not enough, my wife might be willing to testify that we still live together.

                    <span class="ev_code_RED">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</span>

                    Please advice. What is the best way to deal with this situation?

                    <span class="ev_code_red">There is a proper way and that is following uscis procedures as listed below.
                    </span>



                    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.



                    <span class="ev_code_RED">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</span>

                    </div></BLOCKQUOTE>

                    Comment


                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">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. </div></BLOCKQUOTE>


                      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.

                      Comment


                      • #12
                        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.
                        "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

                        Comment


                        • #13
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
                          If they are still married isn't it required to be a joint filing? </div></BLOCKQUOTE>


                          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.

                          Comment


                          • #14
                            1/3 of 751 petitions are called for interview, the rest are waived at director descretion.

                            of the 1/3.... some are just random , while others meet cetain criteria to be called.

                            There is most likely a reason that this was called for interview. I am thinking most likely that the spouse let uscis know about the divorce filing

                            Comment


                            • #15
                              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..

                              Comment



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