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I-751 first joint then, with waiver - been waiting since 2001

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  • I-751 first joint then, with waiver - been waiting since 2001

    Hi,
    This is my situation.

    1.Nov 2001 - filed I-751 jointly
    2. June 2002 - Waited processing, no answer, called the service center who told me case was schedule for another interview.
    3. Went to see a lawyer, who charged me an arm and a leg for his services, telling me that there are major problems on my case because I-751 interview means fraud although I know there is none but panicked.
    4. Retained lawyer, who sent G28 in August 2002 and changed address Oct 2002
    5. No answer, lawyer told me he checked but nothing.
    6. March 2003 went to get stamp on passport (i-551), I was told I missed an interview. Went back to my lawyer and started cursing at him, how he missed that. He told me they make those kind of mistake. I don't know how he did it but they stamp my i-551 and told me they will schedule another interview.
    7. By that time, situation with spouse started deteriorating. She was involved in criminal activities and drugs. She went to prison.
    8. On Sep 2002, received an interview - lawyer postponed, Oct 2002 again lawyer postponed, - in fact he did this sh....t 5 times. I was so stressed with my spouse in jail that I did not pay attention.
    9. Finally, after my spouse was out of jail, we had major differences on our views of life. I could not take it anymore after 5 years of marriage, I file a divorce.
    10. Then the lawyer filed an i-751 waiver on Sept 2003.
    11. So far I have not heard from USCIS. I changed my address again and am waiting for another interview or something.
    Basically it has been an almost 5 years waiting.
    12. Note that I filed an N-400 last November, I have received my interview for May 9 2005. Now I am worried that it is a waste of time because the I-751 has not been adjudicated.

    BTW - I fired my lawyer, he did not do anything on my case (in fact, complicated the situation) and was asking for more money.

    I hired a friend, a very good lawyer, I wish I knew him before.

    Just wondering anybody can give me some ideas.

  • #2
    Hi,
    This is my situation.

    1.Nov 2001 - filed I-751 jointly
    2. June 2002 - Waited processing, no answer, called the service center who told me case was schedule for another interview.
    3. Went to see a lawyer, who charged me an arm and a leg for his services, telling me that there are major problems on my case because I-751 interview means fraud although I know there is none but panicked.
    4. Retained lawyer, who sent G28 in August 2002 and changed address Oct 2002
    5. No answer, lawyer told me he checked but nothing.
    6. March 2003 went to get stamp on passport (i-551), I was told I missed an interview. Went back to my lawyer and started cursing at him, how he missed that. He told me they make those kind of mistake. I don't know how he did it but they stamp my i-551 and told me they will schedule another interview.
    7. By that time, situation with spouse started deteriorating. She was involved in criminal activities and drugs. She went to prison.
    8. On Sep 2002, received an interview - lawyer postponed, Oct 2002 again lawyer postponed, - in fact he did this sh....t 5 times. I was so stressed with my spouse in jail that I did not pay attention.
    9. Finally, after my spouse was out of jail, we had major differences on our views of life. I could not take it anymore after 5 years of marriage, I file a divorce.
    10. Then the lawyer filed an i-751 waiver on Sept 2003.
    11. So far I have not heard from USCIS. I changed my address again and am waiting for another interview or something.
    Basically it has been an almost 5 years waiting.
    12. Note that I filed an N-400 last November, I have received my interview for May 9 2005. Now I am worried that it is a waste of time because the I-751 has not been adjudicated.

    BTW - I fired my lawyer, he did not do anything on my case (in fact, complicated the situation) and was asking for more money.

    I hired a friend, a very good lawyer, I wish I knew him before.

    Just wondering anybody can give me some ideas.

    Comment


    • #3
      mamom:

      I have the same case you have, although I haven't been waiting that long.

      I filed Jointly on 1/03 got divorced on 3/04, re filed with waivers (divorce + mental cruelty) and remain waiting.

      If they give you an interview date for your N-400 you will have both petitions [I-751 and N-400] adjudicated that day.

      My e-mail is: aguila@britishexpats.com please contact me I want to keep in touch with you to see how it goes with you as we have a similar case [I will be filing N-400 on 1/06, but honestly I am not hopeful that my I-751 will be adjudicated before the N-400 interview].

      Comment


      • #4
        Are you sure they will adjudicate both together?? So far, I think they were just denying it.

        Comment


        • #5
          mamom:

          Your assumption is a wrong one. If they schedule you for a N-400 interview while you have a pending I-751 they will do it based upon two points: [a] they will either send you the approval/schedule interview for the I-751 BEFORE your N-400 interview; or [b] they will adjudicate both petitions at the N-400 interview (common practice nowadays].

          When the Immigration Examiner reviews your file in regards to the N-400 interview they have your file at their hand and will notice that the I-751 pending therefore they know what is going on. In case the examiner overlooked this, they will probably write you a letter canceling the interview due to "unforeseen circunstances" and will do either [a] or [b] before re-scheduling your N-400 interview. Please save my e-mail and keep in touch with me.

          Good luck.

          Comment


          • #6
            Thank you for your input. I had a friend who had the same situation and they told him that they will have to wait for his I-751 but if you are right, it is great news.
            This happened last year. Maybe the procedure has changed
            BTW - I've already emailed you.
            my email is whatevernone2004@aol.com
            Let us keep in touch

            Comment


            • #7
              Dear Aguila,

              I was reading your previous posts on the forum and found that you some great extensive research on the matter of waiver. I am pulling all those cases and trying to find analogies with my case. It seems that based on my Marriage and all the proofs I have, I have a great chance of winning the waiver. Indeed:

              1. I was married for 5 years;
              2. I have several documentations - leases, credit cards, cars, phone bill etc together. We even have a judgment on an eviction together.

              I have tried to reach you on email but in vain. Would mind emailing me on freedomnlg@justice.com

              My biggest issue right now is that my N400 interview is not at the main district center and this center (Oakland CA) does not actually process I-751. What should I conclude from this?

              Please give me some examples where the I-751/N400 was adjudicated simultaneously.

              Anybody who is willing to help, is welcomed.

              Thanks
              Regards
              Mamon

              Comment



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