ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Page 1 of 3 123 LastLast
Results 1 to 10 of 28

Thread: i 751 denial, need guidance please

  1. #1
    i came to us on k1 and then got conditional gc, but i started having problems with my wife to the point i had to move out after 2 yrs. at time of applying to remove conditions, she did signed the joint petition and i was called for interview, but my refused to come. so i hired a lawyer and wasted lots of money to take him with me on interview, but the officer denied the petition without even hearing us and as i m not currently divorced, told me to file waiver after getting a divorce and gave 4 months time for that. my lawyer wants to file pettion based on battered spouse clause becuse i did have extreme mental trauma becuse he thinks, waiting for divorce decree can be dangerous because it may take more than 4 months and he told me we can always use the good faith marriage resulting in divorce clause once we get it.my question is wat are the chances of battered spouse waiver and will not it have an impact on divorce clause if we need to apply that too because at one time, we can just use one consition or can ni use both at same time. i m confused and very tense, should i wait for divorce and then apply cos my amrriage was bonafide and ve proofs or should i as per lawyer go ahaead apply battered spouse and i know its very difficult to prove battered spouse as i had mental truma, no police reports, etc. wat should i do and wat are my chances. any help will be appreciated

  2. #2
    i came to us on k1 and then got conditional gc, but i started having problems with my wife to the point i had to move out after 2 yrs. at time of applying to remove conditions, she did signed the joint petition and i was called for interview, but my refused to come. so i hired a lawyer and wasted lots of money to take him with me on interview, but the officer denied the petition without even hearing us and as i m not currently divorced, told me to file waiver after getting a divorce and gave 4 months time for that. my lawyer wants to file pettion based on battered spouse clause becuse i did have extreme mental trauma becuse he thinks, waiting for divorce decree can be dangerous because it may take more than 4 months and he told me we can always use the good faith marriage resulting in divorce clause once we get it.my question is wat are the chances of battered spouse waiver and will not it have an impact on divorce clause if we need to apply that too because at one time, we can just use one consition or can ni use both at same time. i m confused and very tense, should i wait for divorce and then apply cos my amrriage was bonafide and ve proofs or should i as per lawyer go ahaead apply battered spouse and i know its very difficult to prove battered spouse as i had mental truma, no police reports, etc. wat should i do and wat are my chances. any help will be appreciated

  3. #3
    DAD,
    that is normal and right so.
    If you sign a jointly petition to remove the conditions and only one party shows up.No questions asked the interiew is over and the application is denied.
    No biggie, but I would think someone should have told you that.Its not a suprise to me.

    Like the INS guy told you,just wait for the divorce is over and file for a waiver,once you have divorce decree.

    But anyone who shows up alone to an interview for something BOTH need and must to show up together is denied.No questions asked!

  4. #4
    I think you should wait until divorce got finalized. Then apply for I-751 under good faith marriage resulting in divorce since you have a plenty of proof for that. If you apply for battered spouse, it is more likely to get denied due to a lack of proof. My friend's friend applied under that and got denied because they asked her to submit police report, and a proof of her staying in the shelter with date on it and a letter from her neigbors. Even if your lawyer tell you that you can always file for waiver under good faith marriage if battered spuse application get denied, it might not look good. What you can do now is to collect all the documentation showing your marriage is real. Is it possible to ask your wife to write a letter stating the marriage entered in a good faith?

  5. #5
    thanks hbk , myu
    actually i m new to this forum. my lawyer misguided me that they can deport me if i go unprepared and took 2500 dollars for that, but immigration officer gave 4 months time to re file. i dont know if they do deport u sometimes in such cases if u go alone or lawyer just wanted to make easy money. any ways, they kept my conditional gc, i dont know if i can travel without it.also i just got 4 months to reapply, if i dont get decree in 4 months, can i get a extension. and also , is it possible, if i can file battered spouse and divorce clauses the same time.because i did got mental battering , my lawyer says, we can get assessment from psychologist regarding that, i m so confused right now. my gut feeling also tells me to go with divorce clause.

  6. #6
    Sorry about that crapy "attorney" you had that charged you $2500, is without knowing him,for sure unprepard and has no knowledge about immigration law.
    Next time you look for an attorney,make sure that attorney is ONLY & MAINLY focus on Immigration cases in his practice.
    Never choose an attorney that claims and says he is a Immigration attorney,Divorce attorney,insurance attorney,accident cases,fraud,death case etc....those lawyers actually and maybe just take few immigration law classes etc and claim to be immigration lawyer.Usually you can tell by entering an lawyers office and see the books around,and all the books u see should be about immigration law and immigration law only.
    An immigration lawyer is like a eye doctor,and I doctor may also have some knowledge about your back problems...and also about your knew and ankle....but if you truly have a ankle problem u probabaly wanna go to a Foot and Ankle dr. instead of a Eye dr.
    Therefore chose an Immigration attorney that is mainly focus on immigration and thats his main practice in his field.

  7. #7
    Dadehar - File the VAWA case (battered spouse case) and prove 3 things:
    1) you had a bona fide (good faith) marriage;
    2) you were abused during your marraige that resulted in divorce; and
    3) you are a person of good moral character.

    Get loads of affidavits from friends, family, pastors, bosses, coworkers, anyone who knows atleast one point of the three i mentioned above. One person can mention just point 3 and another can mention point 1 and 2. No two people should have the same affidavits, they should be in their own words, of their knowledge of what went on during the period of your marriage, or just what type of a person you are. For point 3, you may also want to get police reports of every county you lived in since you came to the USA.

    I had a similar situation and hired a great lawyer who was reasonablly priced and straighforward, I got my gc. if you want i can refer you to him. email me at lovethelaw@gmail.com

  8. #8
    dadehar2003,

    I wonder about the above poster. It looks like he/she is cruising this site while trying to promote business for a certain lawyer. Just beware.

    The truth is you got slim to none chance for battered spouse. First, you got virtually no concrete evidences. Second, you are male.

    Psycologist reports that's dated after I751 rejection? Affidavits from friends? Come on! You need a lot more than that. Don't fall for lawyers who are trying to make money off you by filing useless papers. I guess slim chance is better than no chance but I wouldn't waste thousands of dollars doing that.

  9. #9
    Affadavits once again are important,but that does not mean,thats all...u need everyhting else as well.

    But for the records,affadavits to be sent and sworn is being asked and adviced by USIC itself,so a member should not advice other members affadavits dont mean nothing,if USIC itself advices you to have them.
    If its your word againts their,affadavits also are another form of evidence,to support your claim,and thats not only in immigration aka i-751 cases.In general law cases as well.

    Lets put it this way, having sworn affadavits from friends and ex spouses relatives is better than having no affadavits from no one that can attest your marriage was indeed real,has indeed existed.

    And another thing, seeking advice from an attorney for I-751 is not bad idea,especially in a waiver case.
    Do what I did.Gte your stuff together,prepare yourself and have an expert immigration attorney look through it...
    I did that and was happy I did.She corrected few things,told me what to add and what to leave out...and it was all included in a 1 hour consultation.
    But I agree with Temlar though,not to hire an attorney to fill out the paperwork,thats stupid and waste of money.
    But I would though advice you,when you have everything ready,have an attorney look over it,before u sent it...it wouldn't hurt and u might get some advice or correction and what not.

    U better make sure the divorce is final before 4 months...u do not wanna mess that timeline up.U can request a fast divorce...if no kids and nothing to fight about is out there,it should not take too long.

  10. #10
    thanks guys for all the guidance

    hbk , i ve a question, i already filed a joint pettion that got rejected, but the think is i moved out from her house in jan 2006 and petition was filed in sept 2006, does the old petition have an impact on the new one because in the old one, i said we r together n now i m goin to say we r seperated plus also tell me type of documentation u need to prove ur case under divorce waiver. how much time they took to judge ur case and did they call u for interview and did u take a lawyer with u.also one more problem, they took my gc at the interview, so can i just travel out of country just on my passport or im stuck till my case is on
    also i talked to divorce lawyer, he told me if i want to get it very quick, fees doubles, is it how its work or this lawyer is also pulling my leg, reply ll be appreciated

Similar Threads

  1. Denial of I-751
    By Cleacakes in forum Immigration Discussion
    Replies: 4
    Last Post: 03-21-2012, 09:43 PM
  2. I-751 pending and possible denial
    By Willow in forum Immigration Discussion
    Replies: 10
    Last Post: 09-26-2010, 05:05 PM
  3. I-751 Denial
    By Nayi in forum Immigration Discussion
    Replies: 15
    Last Post: 04-07-2009, 01:11 PM
  4. I 751 denial.
    By siteilw in forum Immigration Discussion
    Replies: 12
    Last Post: 12-05-2008, 03:52 PM
  5. I-751 Denial,What to do?
    By coleridge in forum Immigration Discussion
    Replies: 5
    Last Post: 09-26-2006, 04:30 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: