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Thread: mmorales, umesh, anyone ~ advice? Divorce after filig joint conditional removal...

  1. #1
    Guest
    Hi there,

    details explained here:
    http://discuss.ilw.com/eve/forums?a=...1&m=1766094343

    I need to go to BCIS to renew my I551 ~ I'm leaving my job and will need to renew proof of residency to get a new job. Waiting to hear back from BCIS about a jointly filed I~751, but it looks like it will be over six months before we hear. My local service center IS the VSC...

    My husband filed for a divorce about six months after we filed jointly ~ if I go to BCIS, I could be asked how my marriage is ~ what do I do? I need to go within the next few weeks, and am feeling really uneasy.

    Have done nothing wrong, the marriage was real, but I am still worried...

    My husband and I are not speaking ~ he may be willing to go with me, but I feel like even after all this time, he thinks that I exagurate (sp?) the importance of immigration related issues, and hate to ask him, because I feel he might think I am just trying to win him back ~ which is the farthest from the truth...

    If I go there and they find out we are separated and filed for a divorce (I can't lie if they ask...), can they detain me? If the marriage was real, and I can prove it beyond any doubt, do they have leverage, can they still kick me out?

    Would it help if I went there with a lawyer, or would that then look suspicius? Would it help if I contacted a congressment? I just don't want to make a small mistake out of ignorance that may kill my chances of approval...

    I'm swimming in my worry...

    thanks

  2. #2
    Guest
    Hi there,

    details explained here:
    http://discuss.ilw.com/eve/forums?a=...1&m=1766094343

    I need to go to BCIS to renew my I551 ~ I'm leaving my job and will need to renew proof of residency to get a new job. Waiting to hear back from BCIS about a jointly filed I~751, but it looks like it will be over six months before we hear. My local service center IS the VSC...

    My husband filed for a divorce about six months after we filed jointly ~ if I go to BCIS, I could be asked how my marriage is ~ what do I do? I need to go within the next few weeks, and am feeling really uneasy.

    Have done nothing wrong, the marriage was real, but I am still worried...

    My husband and I are not speaking ~ he may be willing to go with me, but I feel like even after all this time, he thinks that I exagurate (sp?) the importance of immigration related issues, and hate to ask him, because I feel he might think I am just trying to win him back ~ which is the farthest from the truth...

    If I go there and they find out we are separated and filed for a divorce (I can't lie if they ask...), can they detain me? If the marriage was real, and I can prove it beyond any doubt, do they have leverage, can they still kick me out?

    Would it help if I went there with a lawyer, or would that then look suspicius? Would it help if I contacted a congressment? I just don't want to make a small mistake out of ignorance that may kill my chances of approval...

    I'm swimming in my worry...

    thanks

  3. #3
    Guest
    My initial thought is you may be ok because at the time you filed the joint petition, your marriage was still viable. And, in fact, since the divorce presumably has not gone through (and won't for awhile) you will still at least technically be married by the time they process your application . . . Also, don't know this for a fact, but I am under the impression a lot of these get approved without an additional interview (I read this somewhere, but would be interested to hear from others if that was their experience), so, depending on how strong your app was (how much documentation you included showing your marriage was good at that point, that you and hubby were living together, etc.) it might get approved w/o you having to go in for a specific interview. Also, on the I-551 (EAD, I believe) maybe I am missing something, but do you need this given that you are an LPR (albiet a conditional one?) I was under the impression that filing the I-751 gave you an automatic extension of your GC (should say something about that on the receipt?

  4. #4
    If your divorce is not final then legally you are still married. If they have sent you a letter for interview for removal of condition then you need to go with your husband there. You should consult some Women's Organizations like SAKHI in your area and ask them for advice. They have their own Attorneys to represent their clients. There services are free. If there be any problem and your husband did not want to go with you, then you could go forward as a Battered Woman under VAWA.
    Good luck.

  5. #5
    Guest
    Umesh,out of curiosity, how often do they ask for an interview for this? I read in a treatise somewhere that it is only about 4%, but that is hard for me to believe, and I may have misunderstood what I read, as well . . . Any idea? Thanks.

  6. #6
    To Whodat
    It is true that most of I-751 cases are approved without any interview. Still if Immigration Department is not satisfied or have any adverse infrence then they call for interview, some people call it second interview also. Approval rates without any interview are much higher than those who are interviewed.
    Good luck.

  7. #7
    Guest
    Thank you both !

    whodat:
    The receipt notice for my I-751 says that my status is extended for 1 year from the date of the notice. I did call them, and they said that I will not fall our of status as long as the application is pending. But, when I go to apply for a new job, all I have is the expired temp green card, and a note from INS that sais my status is extended for another year ~ which ended at the end of May... So I have no other proof at this moment (physical proof) that I am eligible to work in the US, or even be here really, as all my documents are showing expired because it is taking so long to process I-751.

    So, I need to go to BCIS and get an extention, so that I have something to show that I am eligible to be and work here (at least that's my understanding).

    umesh:
    I will contact them and try to find out more, thanks for advice. Even though my husband cheated on me towards the end of the mariage, and there was a lot of emotional stress, I am not sure that I would be able to file as a battered spouse, but you're right, it doesn't hurt to get some advice... thanks.

    What a mess... Thank you again!

  8. #8
    Guest
    Thank you, Umesh. I actually started another thread on this, but you have pretty well answered the question already. Thanks!

  9. #9
    Guest
    Hmmmmmm, that is tricky on the employment authorization issue. Seems like there ought to be a way to get an extension of this out of the BCIS without causing too much of a fuss, but do not know what it is off-hand. To be honest with you, I think there is a rule or regulation out there that says that if you do not get your condition removed within one year, you are supposed to be able to get BCIS to process it on an "expedited basis" (w/i five days). Have no idea if that would realistically work, and whether or not it would draw undue attention to you, given your particular situation. At any rate, for something like that, you would want to talk to an immigration lawyer beforehand to think through the possible consequences. Any additional thoughts, Umesh?

    Also, another possible source of legal advice to you would be Catholic Social Services. Immigration services are not available in every area, but they are a low-cost provider and you do NOT have to be Catholic to go there.

  10. #10
    Guest
    Whodat:

    thanks again ~ I do seem to remember the same thing about expedited processing, and thought about calling a congressmen to see if that can help (again concerned about drawing attention). But then I heard about the FBI ~ BCIS systems integration, and apparently that's why I485s and I751s have been taking so long, and everyone is on hold, not just me, so I don't think that expedited processing may necessarily work in this case.

    Thanks for your thoughts, I really appreciate it. I do seem to think that I need someone to watch my back in this case, but so many people had bad experiences with lawyers, I don't really trust just any lawyer, so I'm looking for advice. If anyone knows a lawyer that has proven success with these kind of cases, money is no concern (well, within reason) ~ but trust is!!! I am just so tired of depending on people that I am willing to go the distance to be free...

    Thanks again.

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