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I-751 HELP!!!! Almost out of time!

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  • I-751 HELP!!!! Almost out of time!

    HELP! My friend has to file I-751 by July 27th, but they are getting a divorce, but not final yet! She won't sign the I-751 and he doesn't know what to do!! He can't file a waiver because the divorce isn't final yet, according to what I read on the INS pages. Can anyone help tell him what to do?

  • #2
    HELP! My friend has to file I-751 by July 27th, but they are getting a divorce, but not final yet! She won't sign the I-751 and he doesn't know what to do!! He can't file a waiver because the divorce isn't final yet, according to what I read on the INS pages. Can anyone help tell him what to do?

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    • #3
      he needs to kneel down and please with his wife until she says yes.

      Or file waiver based I751.

      Comment


      • #4
        Plead not please, typo.

        Comment


        • #5
          Hi,

          First and far most people in this board will ask if there is any way they can get back together and work this out. Second, because they are married the spouse shoud sign the documentation and once they get a divorce then he/she can send another I-751 waiver indicating that marriage ended in divorce but it was bona fide marriage. There are a lot of posts on this here. I feel for you.

          Comment


          • #6
            It is a huge catch-22 that was caused by very short sighted thinking. If you look, the actual memo is available on the INS website that spells this out.

            To file the waiver, the divorce must be final. Otherwise you must file jointly. You must also file before the 2yr card expires. So unless she signs...

            There is a waiver based on abuse - perhaps some investigation there would be prudent.

            ARQU

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            • #7
              There are many advises on this board about handling ssimilar I-751 cases.
              I don't see any need to add anymore.

              But I thought for a moment and asked myself:

              If marriage WAS 'bona fide', if one entered into marriage NOT for GC/access to America but for the sake of marriage itself, then why would one really care if he/she will be deported?
              And if one struggles too zealously to stay after divorse, then doesn't it authomatically raise the question of 'bona fides' of marriage?

              "Well, because one has certain bonds, stayed for a while, got a job, may have kids..."
              I hear you all.
              But then how about F-1 student who may have studied here for 8 years and had years of part-time practical/full time vocational work performed?
              How about H-1b's who spent 3-6 years and weren't eventually sponsored for GC?
              How about E-1/E-2 investors?
              They all have to go once term of their visa is expired.

              Temporary Resident vs. Nonimmigrant is nothing but technicality, a mere word in a paper, once marriage is over.

              So, really, WHY would 'bona fide' spouse wish to stay after divorse if only cause of living in America was a USC spouse?

              I am sure some people will praise my idea as brilliant.
              Personally, I think your friend should consult an Immigration Attorney.

              E.

              Comment


              • #8
                http://i751.wordpress.com/tag/english/

                Comment


                • #9
                  STOP - Replying to stuff from 2004 and trying to give a responds in 2007 IDIOTS!!!

                  WASTE OF TIME

                  This topic started in 2004 and ended there, but some weirdos have to answer it in 2007,and those folks are not even members anymore...lol

                  Please check the date when a topic started....

                  Comment


                  • #10
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by HBKHBK:
                    STOP - Replying to stuff from 2004 and trying to give a responds in 2007 IDIOTS!!!

                    WASTE OF TIME

                    This topic started in 2004 and ended there, but some weirdos have to answer it in 2007,and those folks are not even members anymore...lol

                    Please check the date when a topic started.... </div></BLOCKQUOTE>

                    How shrewd! as if over and above everyone else, wow!

                    Comment


                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by HBKHBK:
                      STOP - Replying to stuff from 2004 and trying to give a responds in 2007 .... </div></BLOCKQUOTE>

                      How about "Michaels" comments? Those are timeless masterpieces !!!!!!!!!!!!

                      Comment


                      • #12
                        If the divorce is in process he can file the waiver with a letter explaining the divorce is already going but not finalized.

                        He will need to take the certificate of divorce to the appointment or send it by mail as soon as he gets it.

                        any way they take some few months before sending the interview. The important thing is not to file late.

                        http://i751.wordpress.com/tag/english/

                        Comment


                        • #13
                          Hey,
                          Don't you have a lawyer? Ask the immigration attorney, he will advice you. All people in here are just like you. You must contact an immigration attorney! Good luck!

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