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  • i 751 denial, need guidance please

    i came to us on k1 and then got conditional gc, but i started having problems with my wife to the point i had to move out after 2 yrs. at time of applying to remove conditions, she did signed the joint petition and i was called for interview, but my refused to come. so i hired a lawyer and wasted lots of money to take him with me on interview, but the officer denied the petition without even hearing us and as i m not currently divorced, told me to file waiver after getting a divorce and gave 4 months time for that. my lawyer wants to file pettion based on battered spouse clause becuse i did have extreme mental trauma becuse he thinks, waiting for divorce decree can be dangerous because it may take more than 4 months and he told me we can always use the good faith marriage resulting in divorce clause once we get it.my question is wat are the chances of battered spouse waiver and will not it have an impact on divorce clause if we need to apply that too because at one time, we can just use one consition or can ni use both at same time. i m confused and very tense, should i wait for divorce and then apply cos my amrriage was bonafide and ve proofs or should i as per lawyer go ahaead apply battered spouse and i know its very difficult to prove battered spouse as i had mental truma, no police reports, etc. wat should i do and wat are my chances. any help will be appreciated

  • #2
    i came to us on k1 and then got conditional gc, but i started having problems with my wife to the point i had to move out after 2 yrs. at time of applying to remove conditions, she did signed the joint petition and i was called for interview, but my refused to come. so i hired a lawyer and wasted lots of money to take him with me on interview, but the officer denied the petition without even hearing us and as i m not currently divorced, told me to file waiver after getting a divorce and gave 4 months time for that. my lawyer wants to file pettion based on battered spouse clause becuse i did have extreme mental trauma becuse he thinks, waiting for divorce decree can be dangerous because it may take more than 4 months and he told me we can always use the good faith marriage resulting in divorce clause once we get it.my question is wat are the chances of battered spouse waiver and will not it have an impact on divorce clause if we need to apply that too because at one time, we can just use one consition or can ni use both at same time. i m confused and very tense, should i wait for divorce and then apply cos my amrriage was bonafide and ve proofs or should i as per lawyer go ahaead apply battered spouse and i know its very difficult to prove battered spouse as i had mental truma, no police reports, etc. wat should i do and wat are my chances. any help will be appreciated

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    • #3
      DAD,
      that is normal and right so.
      If you sign a jointly petition to remove the conditions and only one party shows up.No questions asked the interiew is over and the application is denied.
      No biggie, but I would think someone should have told you that.Its not a suprise to me.

      Like the INS guy told you,just wait for the divorce is over and file for a waiver,once you have divorce decree.

      But anyone who shows up alone to an interview for something BOTH need and must to show up together is denied.No questions asked!

      Comment


      • #4
        I think you should wait until divorce got finalized. Then apply for I-751 under good faith marriage resulting in divorce since you have a plenty of proof for that. If you apply for battered spouse, it is more likely to get denied due to a lack of proof. My friend's friend applied under that and got denied because they asked her to submit police report, and a proof of her staying in the shelter with date on it and a letter from her neigbors. Even if your lawyer tell you that you can always file for waiver under good faith marriage if battered spuse application get denied, it might not look good. What you can do now is to collect all the documentation showing your marriage is real. Is it possible to ask your wife to write a letter stating the marriage entered in a good faith?

        Comment


        • #5
          thanks hbk , myu
          actually i m new to this forum. my lawyer misguided me that they can deport me if i go unprepared and took 2500 dollars for that, but immigration officer gave 4 months time to re file. i dont know if they do deport u sometimes in such cases if u go alone or lawyer just wanted to make easy money. any ways, they kept my conditional gc, i dont know if i can travel without it.also i just got 4 months to reapply, if i dont get decree in 4 months, can i get a extension. and also , is it possible, if i can file battered spouse and divorce clauses the same time.because i did got mental battering , my lawyer says, we can get assessment from psychologist regarding that, i m so confused right now. my gut feeling also tells me to go with divorce clause.

          Comment


          • #6
            Sorry about that crapy "attorney" you had that charged you $2500, is without knowing him,for sure unprepard and has no knowledge about immigration law.
            Next time you look for an attorney,make sure that attorney is ONLY & MAINLY focus on Immigration cases in his practice.
            Never choose an attorney that claims and says he is a Immigration attorney,Divorce attorney,insurance attorney,accident cases,fraud,death case etc....those lawyers actually and maybe just take few immigration law classes etc and claim to be immigration lawyer.Usually you can tell by entering an lawyers office and see the books around,and all the books u see should be about immigration law and immigration law only.
            An immigration lawyer is like a eye doctor,and I doctor may also have some knowledge about your back problems...and also about your knew and ankle....but if you truly have a ankle problem u probabaly wanna go to a Foot and Ankle dr. instead of a Eye dr.
            Therefore chose an Immigration attorney that is mainly focus on immigration and thats his main practice in his field.

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            • #7
              Dadehar - File the VAWA case (battered spouse case) and prove 3 things:
              1) you had a bona fide (good faith) marriage;
              2) you were abused during your marraige that resulted in divorce; and
              3) you are a person of good moral character.

              Get loads of affidavits from friends, family, pastors, bosses, coworkers, anyone who knows atleast one point of the three i mentioned above. One person can mention just point 3 and another can mention point 1 and 2. No two people should have the same affidavits, they should be in their own words, of their knowledge of what went on during the period of your marriage, or just what type of a person you are. For point 3, you may also want to get police reports of every county you lived in since you came to the USA.

              I had a similar situation and hired a great lawyer who was reasonablly priced and straighforward, I got my gc. if you want i can refer you to him. email me at lovethelaw@gmail.com

              Comment


              • #8
                dadehar2003,

                I wonder about the above poster. It looks like he/she is cruising this site while trying to promote business for a certain lawyer. Just beware.

                The truth is you got slim to none chance for battered spouse. First, you got virtually no concrete evidences. Second, you are male.

                Psycologist reports that's dated after I751 rejection? Affidavits from friends? Come on! You need a lot more than that. Don't fall for lawyers who are trying to make money off you by filing useless papers. I guess slim chance is better than no chance but I wouldn't waste thousands of dollars doing that.

                Comment


                • #9
                  Affadavits once again are important,but that does not mean,thats all...u need everyhting else as well.

                  But for the records,affadavits to be sent and sworn is being asked and adviced by USIC itself,so a member should not advice other members affadavits dont mean nothing,if USIC itself advices you to have them.
                  If its your word againts their,affadavits also are another form of evidence,to support your claim,and thats not only in immigration aka i-751 cases.In general law cases as well.

                  Lets put it this way, having sworn affadavits from friends and ex spouses relatives is better than having no affadavits from no one that can attest your marriage was indeed real,has indeed existed.

                  And another thing, seeking advice from an attorney for I-751 is not bad idea,especially in a waiver case.
                  Do what I did.Gte your stuff together,prepare yourself and have an expert immigration attorney look through it...
                  I did that and was happy I did.She corrected few things,told me what to add and what to leave out...and it was all included in a 1 hour consultation.
                  But I agree with Temlar though,not to hire an attorney to fill out the paperwork,thats stupid and waste of money.
                  But I would though advice you,when you have everything ready,have an attorney look over it,before u sent it...it wouldn't hurt and u might get some advice or correction and what not.

                  U better make sure the divorce is final before 4 months...u do not wanna mess that timeline up.U can request a fast divorce...if no kids and nothing to fight about is out there,it should not take too long.

                  Comment


                  • #10
                    thanks guys for all the guidance

                    hbk , i ve a question, i already filed a joint pettion that got rejected, but the think is i moved out from her house in jan 2006 and petition was filed in sept 2006, does the old petition have an impact on the new one because in the old one, i said we r together n now i m goin to say we r seperated plus also tell me type of documentation u need to prove ur case under divorce waiver. how much time they took to judge ur case and did they call u for interview and did u take a lawyer with u.also one more problem, they took my gc at the interview, so can i just travel out of country just on my passport or im stuck till my case is on
                    also i talked to divorce lawyer, he told me if i want to get it very quick, fees doubles, is it how its work or this lawyer is also pulling my leg, reply ll be appreciated

                    Comment


                    • #11
                      Wait one sec.
                      Are you telling me they took your GreenCard from you at the interview? and what was the reason for that???
                      without a greencard u can not travel anywhere really.

                      Hmm,well your old application says u are married and all,now u need to sent the same application as "divorced" aka waiver.

                      Get all stuff u have together,unless u wanna use the same evidence u might have already sent them.

                      Umm...I am still waiting for my responds.
                      But I had my attorney look over it,once she saw how i did my package,cover letter,affadavits (I even wrote an affadavit from myself,how we mate dated and decided to get married)
                      A cover letter is a very smart thing to do.I listed everyhting detailed whats in my package,everyhting...so It does give them right away an idea,what I have....

                      Anyway. my attorney looked at it and said "wow,you did a great job,corrected few sentences,check every single evidence I have,read every single affadavits written,she read every single line of everyhting....
                      she said U have everyhting and your evuidence is very good,you are set to go.
                      She also told me,sent it and u might get approved without an interview since your evidence is great.But if they call you for an interview,you can contact me and I'll go with you,for certain amount of money (which s not much by the way) so...now I am waiting.

                      But I would have an immigration attorney look over your application.And just for the records buddy and please please remember.
                      Anyway attorney who says s.h.i.t like If u pay double it will be done faster etc etc...
                      An attorney, LISTEN EVERYONE, no attorney can control any speed as for INS goes with any appication no matter what U pay for.
                      My advice stay away from an attorney who tells you for more money,you'll get faster results.
                      Because that is to say the least BS and not true at all.Any decent attorney would tell you that.
                      The attorney you probabaly went to,woud have told me,that my application is not good and i should let him do it for $$$ LOL...

                      Comment


                      • #12
                        thanks hbk, actually they took my card whe i reported at the center. they took my card, made me sign some paper and took index finger print. all this stuff was long before the interview. i completly forgot about the card and remebered about it wen driving home
                        regarding lawyer demanding double money, thats for the divorce in 1 month time, otherwise it normally takes 4 months, and i dont ve so much time.thats a different lawyer too, so ca they really expedite divorce like that or this one is also ****** up.
                        i liked ur advice , i ll collect all supporting documents and go to lawyer after that, how much they charge normally for goin thru the package
                        so how much time u r still waitin for. good luck

                        Comment


                        • #13
                          also hbk, one more question, actually my in laws wrote affidavits while filing joint pettion saying marriage i s goin on fine, can they again write new ones about bonafide marriage

                          Comment


                          • #14
                            Okay, in a divorce case, an affadavit should included that the marriage was entered in good faith and it was real.

                            Uusually when you have a consulation,bring everyhting you are about to sent,with your to your attorney...tell him or her what your deal is and present what u have.

                            Make sure U e mail some laywers and ask them 2-3 questions and ask how much an consulation would cost like.

                            I paid only $100 because I told them that an service group referred them to me.Otherwise it would have cost 150 bucks.

                            But no consulation should cost more than 150 bucks,thats actually the right and decnt avarage price.Beaware of the one over charging.

                            My consultation was around 30 minutes,and I felt very very good about it.U know you right away get the feeling if this attorney is the right one...if u get the feelin of doubts,you know not to use them.

                            Get like I said everyhting together,everyhting.
                            make lots of copies of pictures.
                            Remember,when U have to prove you got married because of love and not greencard,you need to show when they say 'married in good faith/" that actually means,showing and providing evidence,that you and your wife had a relationship before marriage,aka dating period,engaged etc...

                            the rest is actually easy,unless the marriage was a scam.To show the marriage was real.
                            A fraud marriage,greencard marriage is usually easy to see,because those people,do not actually live together,have hardly any pictures,don't have the same address or live with another relative etc.

                            Let me know - good luck

                            Comment


                            • #15
                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by dadehar2003:
                              also hbk, one more question, actually my in laws wrote affidavits while filing joint pettion saying marriage i s goin on fine, can they again write new ones about bonafide marriage </div></BLOCKQUOTE>


                              Your in-laws wrote marriage was going fine but you are getting devorced.

                              You'd better be careful to get them involved again. It's a potentially fraud affidavit that can put both you and your in-laws in big trouble.

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