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I-751 question; please help!

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  • I-751 question; please help!

    Hello. I have a fiancee (who came here on student visa) of almost 3 years who I met in 2001. At that time she was (and technically still is) married to another man with whom she has been in apllication for a permanent resident status (this was mot a sham marrige; it just did not work out). They have separated about 6 months before we met, but he generously agreed to still be married to her untill she gets her permanent status. They were called up for an interview slightly more than 2 years ago; it went well; she got her stamp in the passport as of 3/2002. Now, we have applied for adjustment of status in dec of last year (90 days before her greencard exparation date) and were told that she should here before her card expires. Instead, however, we were notified that because of increased security her adjustment process may take up to 1 year and her card was also extended for 1 year as well. Here is the caveat- my financee's husband (sounds very Jerry Springer, I know) wants a divorce. He does not want to be involved anymore. We were wondering what is the best course of action at this point? Should they just get divorced and hope that the status is adjusted automatically with no problems? Or should we begg this guy to stay married for additional time? We REALLY appreciate your input.

  • #2
    Hello. I have a fiancee (who came here on student visa) of almost 3 years who I met in 2001. At that time she was (and technically still is) married to another man with whom she has been in apllication for a permanent resident status (this was mot a sham marrige; it just did not work out). They have separated about 6 months before we met, but he generously agreed to still be married to her untill she gets her permanent status. They were called up for an interview slightly more than 2 years ago; it went well; she got her stamp in the passport as of 3/2002. Now, we have applied for adjustment of status in dec of last year (90 days before her greencard exparation date) and were told that she should here before her card expires. Instead, however, we were notified that because of increased security her adjustment process may take up to 1 year and her card was also extended for 1 year as well. Here is the caveat- my financee's husband (sounds very Jerry Springer, I know) wants a divorce. He does not want to be involved anymore. We were wondering what is the best course of action at this point? Should they just get divorced and hope that the status is adjusted automatically with no problems? Or should we begg this guy to stay married for additional time? We REALLY appreciate your input.

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    • #3
      What part of this isn't a sham marriage ?

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      • #4
        First of all she is applying to remove conditions I-751 not AOS;

        If you read these posts you will find a billion posts about this; in fact they are changing the name of thus board to the I-751 Divorce Waiver Board.

        If she gets divorced, it will be a problem. Pay the guy off. I would start the bidding at $5000 (maybe a three way as a bonus). See if he goes for it. He might counter with $10,000. If so, pay it. The going rate for Green Cards these days is $60,000.

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        • #5
          It was kind of him to support wife even if marriage didn't work.... Divorce wont do any good.... Your best bet is talk to him nicely and if he is ready to put up little bit more....that will be great as u have already applied and been waiting for more than a year ... depending upon ur service center ... lets hope for the best...good luck...moreover u can find thousands of I 751 related posts over this board...Pasha

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          • #6
            newbe:

            Don't listen to the **** of this board [Michael].

            What your girlfriend has to do is once the divorce is final, file another I-751 with the waiver that says 'marriage entered in good faith but ended through divorce', she would have to have tons of evidence to prove that it was a real marriage, she will be most likely will be interviewed. For instructions check form I-751 at www.uscis.gov, it will help if her future ex-husband will give her a letter notarized saying that they were married for good but just did not work out.

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            • #7
              Aquila why are you giving such bad advise ?

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              • #8
                hi newby...

                here is the info source for I 751 ...though i didnt update anything in last 1 or 1 and 1/2 months but there is enough to know about I -751 ...good luck...

                http://discuss.ilw.com/eve/forums?a=...11#14110816011

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                • #9
                  Thank you guys; I really appreciate your help!

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                  • #10
                    Hi Newbie


                    Are you a USC? If you are a USC, it is no problem. If her husband wants a divorce, it is only just that she gives it to him. Let them divorce and you can then do the right thing and marry her. she will then be able to adjust her status through marriage with you. She would withdraw the 751 app filed jointly and then you would submit I-130/485 petitions for her.

                    Stop trying to play that 751 game and do things in the right way. If she files the 751 waiver, good chance she will get denied and then will receive a letter asking her to depart. If she remarries with you.. even if she gets letter, her AOS will already have been underway.

                    Now the test will be if THIS TIME she can adjust her status thru you by completing the time period.(2yrs marriage & completing a new 751 with you).

                    As you can very well see.. this can become a neverending story of marriage & remarriage & remarriage and if that process never gets completed, the person never does get the permanent greencard, but manages to stay legally here. But of course CIS will be looking very very hard at marriage#3.
                    So Best wishes.

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