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  • I-751 waiver

    I am just about to get the divorce proceeding started, and it will be finalized around the end of the year. Can any of you, or anyone at all who is reading this post, tell me what are the "very approximate" timelines I am looking at? Also, my lawyer had informed me that even though my Conditional Permanent Residency is valid till February 2010, I immediately go out of status once the divorce is finalized. Does that mean that I will be an illegal immigrant between December 2008 and the time they decide on my case? Also, in case they decline it, in spite of strong evidence, including my wife's and her parents' personal affidavits on this issue, can I challenge it? Thanks a lot for any response!

  • #2
    I am just about to get the divorce proceeding started, and it will be finalized around the end of the year. Can any of you, or anyone at all who is reading this post, tell me what are the "very approximate" timelines I am looking at? Also, my lawyer had informed me that even though my Conditional Permanent Residency is valid till February 2010, I immediately go out of status once the divorce is finalized. Does that mean that I will be an illegal immigrant between December 2008 and the time they decide on my case? Also, in case they decline it, in spite of strong evidence, including my wife's and her parents' personal affidavits on this issue, can I challenge it? Thanks a lot for any response!

    Comment


    • #3
      Hi SC,

      Take a look at this and see if it helps.

      http://www.visa2003.com/greencard/conditional.htm

      Temporary green card for two years.

      Your permanent residence status will be conditional if it was based on a marriage that was less than two years old on the day your green card application was approved. Your permanent resident status is conditional, because you must prove that you did not get married only to to get a green card.


      You and your spouse must apply together to remove the conditions on your residence. You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your temporary green card, is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional green card status and be removed from the country.

      If you are no longer married to your spouse, or if you have been battered or abused by your spouse, you can apply to waive the joint filing requirement. In such cases, you may apply to remove the conditions on your permanent residence any time after you become a conditional resident, but before you are removed from the country.

      At least one eligibility requirements to remove the green card conditions must apply.

      You are still married to the same US citizen or lawful permanent resident after two years
      You are a widow or widower of a marriage that was entered into in good faith.
      You entered into a marriage in good faith, but the marriage ended through divorce or annulment.
      You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your US citizen or lawful permanent resident spouse.
      The termination of your conditional resident status would cause extreme hardship to you.
      Applying to remove the conditions after two years.
      If you fail to properly file the Form I-751 (Petition to Remove the Conditions on Residence) within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and the INS will order removal proceedings against you. You will receive a notice from the Service telling you that you have failed to remove the conditions, and you will also receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements.

      You can file the form I-751after the 90-day period if you can prove in writing that there was good cause for failing to file the petition on time.

      Receiving a denial of your application to remove the conditions on your permanent residence.
      If your application to remove the conditions on your permanent residence is denied, you will receive a letter that will tell you why the application was denied. The process to remove you from the country will begin as soon as your application is denied. You will be allowed to have an immigration judge review the denial of your application during removal proceedings. During this review, the USCIS must prove that the facts on your application were untruthful and that your application was properly denied. If

      Comment


      • #4
        Thank you so much for that detailed response. I greatly appreciate it!
        Well, our divorce is going to be based in good faith. I have all the documents that I can get, including affidavits from my wife and her parents, which would probably prove my credibility and not make them think that I am making things up!
        So I am hoping that they will extend my legal status while they're deciding on my case, and that my first question was whether I would be illegal between the time when the divorce is finalized and the time when my waiver is approved or declined.
        If it is declined, then it is good to know that I can appeal that decision, and that the USCIS has to prove that the marriage was not entered in good faith, which would be hard for them to do because of all the evidence I will provide. Now the only thing they can do is somehow manage to lose all the evidence (because I have to submit them in original form) and then tell me that I need to submit them again, or worse yet, that I never submitted them in the first place!!

        Comment


        • #5
          Your conditional green card is good for two years, so I do not believe you will fall into illegal status when your divorce becomes final. You just have to prove your marriage was bona fide when you apply to remove the conditions 90 days before the two years is up. Sounds like you have proof that the marriage was in good faith (just make sure you have copies of everything!). Good luck to you, SC.

          Comment


          • #6
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Conditional Permanent Residency is valid till February 2010, </div></BLOCKQUOTE>



            Hello SC

            Sounds like you just recently received your green card.. when did you get your green card, and when did you seperate from your usc spouse?

            Why are you divorcing and is it a fault divorce?

            You should also know that waivers have a low approval rate for marriages that do not last past the 2 year conditional period. Good evidences are not the only criteria that is taken into consideration.

            You might just want to see a marriage counselor and work on your marriage if the problems are not too serious.

            Comment


            • #7
              Hi ProudUSC (I love your user ID by the way, you SHOULD BE PROUD - this is the best country in the world!!),
              Thank you for the positive words! Well, since my divorce is getting finalized this December, and the condition was valid till February 2010, I am not sure if that still applies after this December, or if I should be depending on the one year extension they give you once they receive the waiver application, which they should sometime in January. In that case, hopefully they will give me an extension till January 2010, and in case it gets declined (fingers crossed for the opposite), I would be deported after that!

              Comment


              • #8
                Hi 4now,
                That really worries me! I thought you need a waiver only when it doesn't last the 2 year conditional period anyway.
                I got married on July 7th, 2007. However, I got the Green Card only on February 26th, 2008. I am planning on starting the divorce proceedings in September first week, which would make the divorce final by December 2008.
                It is a no fault divorce, and I will have affidavits from my wife, her parents, and friends as well. I might even get one from the pastor who married us!
                So essentially there is almost no hope for me from what I hear!! :-(
                Well, I will provide all the supporting documents as well as the affidavits, and see what happens. I also had an employment-based petition which I did not pursue when I applied for the marriage-based one - maybe I should include that in my waiver application to prove that I did not get married for the sole purpose of a Green Card!! What do you think?

                Comment


                • #9
                  Hi SC;

                  Please do not follow the bad advice of others on this board. Some people them are very mean spirited, some are just misguided. I am the only reliable source of information here. "ProudUSC" did not give you an official site and many of the forms there are obsolete. If you send in an obsolete form, they will return them to you and keep the fee and you will have to start all over which will take years. Go to the official USCIS website for ACCURATE and up to date information regarding immigration. Always know that only I provide good information here. That is why I am the President.

                  OFFICIAL US GOVERMENT IMMIGRATION SITE (USCIS)

                  http://www.uscis.gov/portal/site/uscis

                  Comment


                  • #10
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SC:
                    Hi 4now,
                    That really worries me! I thought you need a waiver only when it doesn't last the 2 year conditional period anyway.
                    I got married on July 7th, 2007. However, I got the Green Card only on February 26th, 2008. I am planning on starting the divorce proceedings in September first week, which would make the divorce final by December 2008.
                    It is a no fault divorce, and I will have affidavits from my wife, her parents, and friends as well. I might even get one from the pastor who married us!
                    So essentially there is almost no hope for me from what I hear!! :-(
                    Well, I will provide all the supporting documents as well as the affidavits, and see what happens. I also had an employment-based petition which I did not pursue when I applied for the marriage-based one - maybe I should include that in my waiver application to prove that I did not get married for the sole purpose of a Green Card!! What do you think? </div></BLOCKQUOTE>


                    YOur marriage barely lasted a year . Your marriage based on uscis standards 2/26/2008 did not even last a year. barely 8 months. When did you seperate?


                    I would be pursuing that employment based app once more if it were me. Check with your lawyer to get back to H1b. You havent answered my other questions, but even without them, this is not looking very good for an approval IMO.

                    Comment


                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SC:
                      Hi ProudUSC (I love your user ID by the way, you SHOULD BE PROUD - this is the best country in the world!!),
                      Thank you for the positive words! Well, since my divorce is getting finalized this December, and the condition was valid till February 2010, I am not sure if that still applies after this December, or if I should be depending on the one year extension they give you once they receive the waiver application, which they should sometime in January. In that case, hopefully they will give me an extension till January 2010, and in case it gets declined (fingers crossed for the opposite), I would be deported after that! </div></BLOCKQUOTE>

                      Thank you, SC. And, please ignore Son of Michael. 4Now is very knowledgeable, so it is good advice to listen to him. I wish you luck and hopefully all will go well for you.

                      Comment


                      • #12
                        An I-751 will be denied only if you do not provide very minimal ebvidence of a bona fide marriage. The approval rate is extremely high. I do believe your marriage to be fraudulent based on your blase attitude but that will not be of concern to immigration. Their standards are much lower than mine. Actually, everyone's standards are much lower than mine. USCIS approves all applications as long as it is the right form and the right fee. They don't bother even reading whats on the form. They just check the version, the fee and stamp approved.

                        Comment


                        • #13
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ProudUSC:And, please ignore Son of Michael. 4Now is very knowledgeable, so it is good advice to listen to him. I wish you luck and hopefully all will go well for you. </div></BLOCKQUOTE>

                          I gave the official government web site and you gave him some scam operation web site. He should listen to you??? !

                          Comment


                          • #14
                            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SonofMichael:
                            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ProudUSC:And, please ignore Son of Michael. 4Now is very knowledgeable, so it is good advice to listen to him. I wish you luck and hopefully all will go well for you. </div></BLOCKQUOTE>

                            I gave the official government web site and you gave him some scam operation web site. He should listen to you??? ! </div></BLOCKQUOTE>

                            The information I provided him was not bogus and is less confusing than information that is provided on the USCIS web site.

                            Comment


                            • #15
                              Hi 4now,
                              My marriage lasted 14 months - the Green Card date was only about 7 months prior to filing for divorce, and 10 months if you include divorce processing time.
                              Also, as I mentioned earlier, the very reason for applying for a waiver is if the marriage is terminated before the two year window period. However, like SonOfMichael pointed out, as long as I have the right documents, there is a chance, however slim, that they might approve it. Sure I might be called for interviews, but I am prepared to prove that it was as bona fide as it can be. Also, I am sorry if SonOfMichael thinks that I have a blase attitude - it has just been very hard for me, and I would really look for any helpful information that I can get at this point.
                              4now, I did talk to some people and came to know that there "might be some way" to re-pursue the employment-based petition, but not before the waiver application is declined. So there is not much I can do on that regard unless I get a decline notification and in the two months they give you for the deportation proceedings, I can somehow reopen the employment-based application.

                              Comment



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