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  • I751 Approved-Divorce Pending

    Thanks! Got all the info.

  • #2
    Thanks! Got all the info.

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    • #3
      (Previous post deleted as new info surfaced. Sorry).

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      • #4
        ***

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        • #5
          (Previous post deleted as new info surfaced. Sorry).

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          • #6
            yes the dissolution of your current marriage would be needed and it is not important as you filed for green card thru joint petition. try consulting some experienced attorney. he will guide you properly

            JWP
            New York Immigration Lawyer Marina Shepelsky, located in Brooklyn, assists clients from the New York metro area and across the United States in all immigration and naturalization matters http://www.e-us-visa.com

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            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by KOOL_DUDE:
              Thank you for the response Rough Neighbor. I was told by one attorney that since you got your green card thru joint petition, <span class="ev_code_BLUE">u will have problems filing n400. </span> I wanted to make sure that if i need to do anything, i should do now. Hope i have no problems, when filing n400.

              thanks again. </div></BLOCKQUOTE>

              It is NOT an opinion as RN suggested and unfortunately it does have Factual basis.


              <span class="ev_code_RED"> Your attorney is correct. you did not follow current and proper uscis procedures when you obtained your permanent green card by joint petition</span>

              This is USCIS memo released 12/27/2004

              December 27, 2004
              NSC Flash #6-2005
              The Effect of Separation/Divorce on Pending I-751 Petitions to
              Remove the Conditions on Residence
              The effect of separation and/or divorce on the filing and adjudication of I-751 petitions is
              described below according to the various scenarios that exist.
              "¢ "¢

              If the petitioner and beneficiary are divorced at the time the I-751 should be filed, the
              beneficiary should file the I-751 (only s/he needs to sign) and mark "d" in Part 2.

              If the petitioner and beneficiary filed an I-751 petition jointly but
              ‰ separate before a decision is made on the I-751, the beneficiary should notify the NSC
              that s/he is currently separated by sending a letter to PO Box 82521, Lincoln, NE 68501-
              2521. The case will then be relocated to the local district office for an interview.

              ‰ get divorced while the petition is pending, the beneficiary should file a new I-751 petition
              with fee (only s/he needs to sign), marking "d" in Part 2. The beneficiary should also
              request that the Service withdraw the first petition.
              If the petitioner and beneficiary are separated at the time the I-751 should be filed, the
              beneficiary should file the I-751 and mark "d" in Part 2. The NSC will relocate the case to the
              local office for an interview.

              ‰ If the petitioner and beneficiary are separated at the time the I-751 should be filed and
              the beneficiary files an I-751 as instructed above but the divorce becomes final while the
              I-751 is still pending, the beneficiary should file a new I-751 petition with fee (only s/he
              needs to sign), marking "d" in Part 2. The beneficiary should also request that the
              Service withdraw the first petition.
              Petitioner and beneficiaries are reminded that required supporting documentation must
              accompany any petition.



              <span class="ev_code_RED">This is the portion relative to your situation:</span>

              If the petitioner and beneficiary filed an I-751 petition jointly but
              ‰ separate before a decision is made on the I-751, the beneficiary should notify the NSC
              that s/he is currently separated by sending a letter to PO Box 82521, Lincoln, NE 68501-
              2521. The case will then be relocated to the local district office for an interview.



              Prior to the a above memo.. Lawyers would argue the point that seperation had no merit and would win b/c that marriage was not dissolved. but the memo changed that. Unfortunately, many lawyers do not keep up with the latest memos and INS statutes. This is why you have to wisely choose your immigration attorney.


              .. this will probably become an issue when application is made for citizenship.. it will come out that you did not follow the proper procedure/file proper waiver to obtain permanent green card.. uscis could revoke it/ initiate removal proceedings. it has happened before.



              When did you seperate in the timeline provided?

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              • #8
                Hi, all: I have a question which related to divorce and I-751 waiver.
                In my case, since the name check takes such a long time as everyone knows, I got my conditional greencard 2 years after the fist interview.
                right now our marriage goes nowhere, both of us decide to end it.
                My question is: my conditional green card only approved one month ago even though our marriage has already last more than two years, and we dated for six years, but I don't keep any receipts for the flowers, dinners..., who knows I need them later I heard the chances to get I-751 waiver for good faith is 0% if less than 3 months, I am not sure the 3 months indicates which period, marriage or conditional residency?
                another question: if we decide to divorce, who should file it first, me or him. shall we seperate first, is it required by NYC law??
                third question: since we did not expect this happening, we didn't collect much evidence for this purpose, we just start to work on this after we read the instructions on my conditional residency card. is it required to get all evidences from the begining of our marriage?
                forth question: Can my husband write a affidavid letter to prove that our marriage was based on good-faith? Is it necessary? or it is totally ridiculous?
                Thanks in advance.
                jnethi

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                • #9
                  I created a new thread for my questions. I guess my situation is different from Kool-dude's
                  jnethi

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                  • #10
                    It's always best to start your own thread, Jnethi. Good for you!

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                    • #11
                      ***x

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                      • #12
                        (Previous post deleted as new info surfaced. Sorry).

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                        • #13
                          Not true. The memo covers all situations, and technically the alien should have informed USCIS after the divorce was filed and they separated in August 2007.
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">separate before a decision is made on the I-751, the beneficiary should notify the NSC
                          that s/he is currently separated by sending a letter to PO Box 82521, Lincoln, NE 68501-
                          2521. The case will then be relocated to the local district office for an interview. </div></BLOCKQUOTE>
                          In the instant case the only severe problem that I could see that could ensue is if the alien in question was living in a state in which the sfamily laws dictate that a legal separation automatically renders a divorce. If that's the case, then the couple were in a terminal state of marriage BEFORE the joint I-751 was adjudicated.

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                          • #14
                            ***

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                            • #15
                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by KOOL_DUDE:

                              Also I am a victim of fraud, this women was married twice and i was aware of only one marriage, later on found that even that first marriage was with her cousin to get legalized. <span class="ev_code_RED">Second marriage, she never divorced and got married to me. </span> She lied under oath when i sent her interrogatories about her previous marriages. She later accepted everything in her deposition which is also recorded in the court documents. I am trying to find the best solution, <span class="ev_code_RED">i can get my marriage annuled and charge her with bigamy.</span> I am here to find best solution for her and me because she is my baby's mother and i luv my daughter dearly who needs both the parents now. I have beend blackmailed by her and her family, they never let me see the baby, put allegations on me, put ppo on me so that i cannot meet the baby, i went thru hell and kept fighting so that i can see my baby. They make me pay child support and dont spend a dime on my baby, i still spend more money on my baby. I sold my house and business and moved closed to her parents so that she can be happy but in the end i was deceived. I am in a new place fighting without income only to stay close to my daughter. <span class="ev_code_RED">I have all proof and witnesess and I hope at the time of N400 application, INS will understand</span>. </div></BLOCKQUOTE>


                              Kool



                              I am sorry to hear that the situation is even worse than your original post. This could turn into a really bad nightmare 4u.

                              1st... lets talk about what to do as if you had never disclosed this other alarming information.

                              Speak with your attorney first, and he should be telling you what I am going to tell you .. which is make an infopass appointment and explain that you were not aware of the procedure and share your timeline. you will probably be told to file a 751 waiver with your final divorce cerificate and you will also probably get interview. No problem as I am sure you will be approved. Then you will be ok when you file the N-400. (right now you are not and you will be denied and placed into removal proceedings when you file for citizenship and the I/O reviews your case... guaranteed.)


                              But now you may have a far bigger problem after disclosing this latest information.
                              Have you disclosed this information to your attorney?

                              Listen very carefully as you have been speaking about annulment and bigamy. THIS could potentially be a major problem 4U.

                              If your marriage was not valid becuase she was still married, then you were not eligible to receive the greencard based on the marriage.

                              Did she ever obtain the divorce, or is she still married to that person? Even if you try to hold this fact over her head, you still are the one that will end up being the biggest loser, becuase there was not a valid marriage to file a petition to obtain greencard benefit.


                              I can only imagine if this would ever come out while you are applying for the citizenship.

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