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  • waiver question

    well, friday is fast approaching, and I had a question if I may. My daughter was on our original petition and was included in my I-751 joint application. Since it is almost for certain they'll refuse me on friday, I'll have to file a 601, is she included in that also? or do we have do prepare a second one for her. She was a minor when I married, but now 20 with a US citizen child. Thanks in advance for any replies.

  • #2
    well, friday is fast approaching, and I had a question if I may. My daughter was on our original petition and was included in my I-751 joint application. Since it is almost for certain they'll refuse me on friday, I'll have to file a 601, is she included in that also? or do we have do prepare a second one for her. She was a minor when I married, but now 20 with a US citizen child. Thanks in advance for any replies.

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    • #3
      ircroxy:

      You do not have to file a form I-601 that is a completely different thing.

      What you will must re-file is a form I-751, the only thing it will change is your eligibility. Instead you will check the box that says " I am requesting a waiver of the joint filing requirement because: "I entered into marriage in good faith but it was ended by divorce/annulment"

      Or something like that. I am pretty sure that you will have to put your daughter on the same form.

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      • #4
        thanks Aquila, it makes more sense now I'm sure a new form means a new payment eh?

        I am legally able to apply (file) for divorce on December 14, and I'm told it takes 30 to 60 days from there for it to be finalized. So, in the meantime do I continue as I have been? Am I able to continue working?

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        • #5
          I would suggest going to www.immigrate2us.net

          There is EXCELLENT info on waivers!

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          • #6
            As Aguila has already pointed out, the waivers being discussed in this context are not the same as those involving I-601s. The waiver for an I-751 is an entirely different beast and has nothing to do with I-601s. The waivers discussed on immigrate2us.net are not relevant to this issue.

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            • #7
              Thank you all for your replies. I will post when I return friday, provided my nightmares don't become reality
              Thanks again everyone

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              • #8
                ircroxy:

                Good luck! They will NEVER detain you. Don't worry.

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                • #9
                  *lol* funny you should say "detain" because my nightmares have been really vivid. I dream they handcuff me, both wrists and ankles, put a big brown burlapp bag over my head and tie a rope around it. Uh huh, you could say I'm a bit nervous If only he would have given me the letter he said he would.. oh well, I'll deal with the cards given me. Thanks again for the luck, I'll post when I return. Just cross your fingers ok?

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                  • #10
                    Ok, if I can impose on your opinions just a bit more I'd really appreciate it...here is pretty much all I can dig up to take to the interview on Friday.

                    an assortment of old bills/receipts (from movie rentals to vehicle tax) not all receipts have both names, but they do have the same address

                    two or three pictures of us together (that is all I could locate)

                    Our vehicle insurance policies, with both names indicated

                    Our original marriage license

                    Our escrow analysis statement- next due date showing Jan/05
                    our inspection report and picture of our home from 2000, when we bought it

                    taxes from 1998 - 2002

                    benefit change forms from his last employer here showing me as insured under him and his beneficiary dated 2003

                    his original birth certificate

                    bank statement with both our names (can only find one dated 2002)

                    a picture of his lady friend outside our home last fall

                    an online application from him to some dating/matchmaking service

                    emails from friends of his/ours emailing with msg's to give the other

                    an email from me and him/ his decides seperation as "husband and wife" as he puts it


                    Tomorrow I pick up the letter from the shelter and the lawyer will have my divorce papers ready to show for immigration if they want. I just can't file them until the 14th.

                    Can you think of anything else?

                    ps.. I also have two credit cards, one in each name with the same account number on them.. expires 11 05. Also his DUI release paper when he finished the course. The driving record obtained by the insurance company for their purpose.

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                    • #11
                      What about the 2003 taxes?

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                      • #12
                        well, that's a problem there. When I went to get my taxes done, I was told my spouse had to do his first because of married/seperated and something about itemizing stuff. My spouse never did his taxes, and turns out mine either. I've spoken to an accountant and will be arranging to meet with him soon to get these done. From what I understand, with my little income of 4500. in 2003 I can do them with this years. Either way, they'll be done soon. I do have my w2's to show. I've learned *alot* this year, of how not to just take your spouses word for things.

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                        • #13
                          Well, hopefully your interviewer will grant you an additional 30 days to submit the waiver and divorce decree. Good luck. I admire your determination. Take care.

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                          • #14
                            Hi ircroxy,

                            Just in case, take copies of notarized affidavits from your daughter (confirming knowledge of your family situation, that your husband cheated on you and at some point threatened you, your daughter and grandchild to the point that you had to go to the shelter) and other usc friends and family members. You probably have submitted those with waiver, but copies might be helpful to bring. Letter from the shelter should be enough to convince the officer, I hope.

                            Good luck to you on Friday!

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                            • #15
                              My daughter will be with me, her interview is at 9 am. So, I'm going to assume that she'll voice all then. Thanks for the good wishes

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