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divorce vs I751 HELP!!

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  • divorce vs I751 HELP!!

    I married to USC on 06/05/04
    Got conditional GC on 07/19/04
    Name changed on 11/04/04
    Filed I751 on 04/17/06
    got I797c recipt on 05/04/06 from Texas ser center
    he filed divorce aganist me on 08/08/06 at AR
    Question:
    1.if I let him divorce me (Ar is not a NO fault divorce state) will it cause the probelm to waiver for i751?
    2.do I need to tell uscis we are in divorcing process while I'm waiting for the result of my i-751?
    3.should I let this divorce happen sooner or later,which will be the best way for me to get the permenant GC without troble?
    4.what will be the worst result about this divorce happening to me?

  • #2
    I married to USC on 06/05/04
    Got conditional GC on 07/19/04
    Name changed on 11/04/04
    Filed I751 on 04/17/06
    got I797c recipt on 05/04/06 from Texas ser center
    he filed divorce aganist me on 08/08/06 at AR
    Question:
    1.if I let him divorce me (Ar is not a NO fault divorce state) will it cause the probelm to waiver for i751?
    2.do I need to tell uscis we are in divorcing process while I'm waiting for the result of my i-751?
    3.should I let this divorce happen sooner or later,which will be the best way for me to get the permenant GC without troble?
    4.what will be the worst result about this divorce happening to me?

    Comment


    • #3
      Hun,
      it does not matter one tiny bit,who divorces who.Immigration doesn't care.
      ALL they care and wanna know was, if the marriage was real...

      Immigration does not care,who filed for divorce and who was at fault yadi ya...

      So no worries.

      Comment


      • #4
        If your divorce is not final,you will not get the I 751 approved in other words,you can not even file for a waiver,if you are not divorced.

        Remember,when you file for a waiver you mark the part where it says " entered in good faith....but marriage ended in divorce.
        But you can not mark that section if you are not divorced.PERIOD!

        Comment


        • #5
          thanks for reply so I know I dont need to fight with him for who divorce who and also I dont need to inform USCIS about this divorce process,do I get them right?
          But I'm still not sure about Q3,
          since my case is still pending at TexasSerCenter,should i go ahead let this divorce final and send out the waiver?
          Or I should try to hold this divorce till getting approval i751 which will cost me more lawyer fee?

          Comment


          • #6
            are you "As of now,today" officially divorced?
            if you divorce is still proccessing,and you I751 also processing,and your I751 gets approved before the divorce.Then you do not need to inform at all Immigration about it.BUT,if your divorce is final before the I751 approval.You MUST sent right away a waiver,with a little explaination on it.Otherwise,INS will not know that you were divorced and got the the Conditional Removed based on marriage...but eventually,when you file for citizenship,or anything else.They will know,and without question,put you on removale processing...Thats how it works...

            I am about to sent my I-751 waiver as well,and my divorce was final before the dead line,so I was "good" as far time line goes.And my wife got the divorce,but its also no fault divorce.
            And very important,you have to sent the divorce decree with your waiver.The reason is not,what the divorce was based on,its mainly THE ONLY PROOF to show the Immigration,your divorce is really truly final.
            Hope that helps a bit...if you want to know more info let me know.Good Luck and sorry about your divorce.

            Comment


            • #7
              Thanks.There were too much going on so I ddinot have chance to come and post.Our divorce hasnot finalized.Is it possible I send out the wavier with the divorce file petition?I'm afrid that if i wait till the divorce finalize it'll be too late to send out the wavier?I didnot find a lawyer to help us with joining i751.DO I need to find a lawyer helping me with this wavier?One of them said will coast me 1000 which I really cannot afford.I tried to find the posts about filing wavier of i751 but i cannot find them.If anyone have the information about how to send out the wavier without a lawyer,please let me know.Thank you very much.

              Comment


              • #8
                Hey,
                I just has my consultation with my attorney,about my I-751. Although I did prepare and everything ready for my I-751 waiver.I still wanted to consult an attorney and show what I have and about to sent.

                Here is the deal.The ONLY thing immigration officer wants to see is, the marriage was real and was entered in good faith.Thats all...now U can establish that fact easily....

                Do not sent anyhting yet.Wait till the divorce is final,either way You have to wait.No worries.
                Wait,just maybe you might get the conditional removed before the divorce is final.And even if not,once the divorce is final.Sent them a new I-751 form,waiver..put a note,that you sent yyour joint petition,but got divorce in the mean time,and that here is your new i751 waiver...thats it.

                My attorney told me,when I went to consult this "You usually need an attorney as far I751 goes,of you have big trouble proofing your marriage was real and have lack of evidence,or the ex spouse says bad thing about you to the immigration....or You have absolute no knoweldge or clue,how to file anything....
                But I am sure you do.

                My attorney told me,I am good to go and have excellent proof and have a great cover letter and excellent affadavits.

                Remember an attorney is like an tattoo artist.A good tattoo artist does not put any tattoo on your body,if he thinks you will regred it,such as names,a good attorney will tell you,that you do not really need an attorney....

                $1000 for the I751 is normal I assume.thats how much they even charge for doing the adjustment.Which to this day I will never understand why ANYONE hires an attorney to do basic paperwork,and waste their money.

                My opinion to you is again,you do not need an attorney,unless your spouse accuses you of being a fraud,or you have just not good evidence.

                Other than that,its simple...I was just too worried,how thinks truly work and all.But finally talking to a great great immigration attorney,who is only and mainly specialist in immigration laws,which the one I have.Told me "They ONLY wanna see,on a waiver,if the marriage was real etc" thats all they look for.

                My attorney,looked and read every single paper,statement,affadavit I had through and said.GREAT....

                I am pretty sure,a bad *****y attorney,would always mention that you need an attorney and all.

                My attorney even said,once you sent the i 751 in, you can still and always contact me,via phone or e mail.If there is anything else I can help you with,she even offered,if you'll have an interview.I can be there with you, for a fee of course.But I thought that was pretty nice.

                I truly hit a great attorney and would reccomend anyone that attorney.You know when you meet an attorney,you get the feeling rght away,this person is just right and honest.

                So bottom line,don't hire an attorney....unless what I mentioned above.

                let me know,I'd be willing to help you out,with more advice and what not

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">I married to USC on 06/05/04
                  Filed 751 on 04/17/06
                  got I797c recipt on 05/04/06 from Texas ser center
                  he filed divorce aganist me on 08/08/06 </div></BLOCKQUOTE>

                  Anyone can figure this one out.

                  The only common factor coming into play here is the dreaded "I-751."

                  Then she comes here asking about it.

                  Comment


                  • #10
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">:
                    Filed I751 on 04/17/06
                    I797c on 05/04/06
                    filed divorce on 08/08/06 </div></BLOCKQUOTE>

                    One worry you should have is if the jointly filed I751 is not approved before the divorce becomes final.
                    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                    Comment


                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">One worry you should have is if the jointly filed I751 is not approved before the divorce becomes final. </div></BLOCKQUOTE>

                      Why do you think he's filing for divorce so soon? To try and prevent exactly that!

                      Although she's already two steps ahead of him.

                      Comment



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