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 2 12 LastLast
Results 1 to 10 of 11

Thread: I-751

  1. #1
    I have a removal of conditions interview coming up and my wife has currently filed for divorce. could anyone give me advice on how to go about the interview or what the options are and what posible outcome is posiible.

    I am getting the impression that it will be an automatic denial and so I am wondering what the timeline of events after such a determination are?

  2. #2
    I have a removal of conditions interview coming up and my wife has currently filed for divorce. could anyone give me advice on how to go about the interview or what the options are and what posible outcome is posiible.

    I am getting the impression that it will be an automatic denial and so I am wondering what the timeline of events after such a determination are?

  3. #3
    Your assumption is wrong ("an automatic denial") .

    What matters is whether you entered bona fide marriage (in good faith).
    The rest is routine.

    There are a lot of threads, even in this forum, dealing with it.

    You can also 'google' for and read expert opinion of Cyrus Mehta,Esq. on the subject matter.

    Good luck,

    IE

  4. #4
    antifascist , thank you for the info.
    that is encouraging as after speaking to my attorney he said that when one appears for the interview without the spouse and the divorce has not been finalized then they will deny and then begin proceedings .

  5. #5
    I hope you have a good attorney and he knows what he is talking about.
    If it be the case then follow his advise.

    However, my personal understanding is that to have 'I-751/removal of conditions' approved you must show that you entered marriage in good faith.

    What if you lived happily until the day before interview and at that very last moment you had an argument that has led to ultimate split, no USC spouse show at interview and divoirse?
    Does that mean your I-751 will be automatically denied, as opposed to someone who argued/separated and divorsed 30 days after marriage and had enough time to finalize divorce?

    Does that make sense to you?

    In any case, I wish you good luck and suggest you 'google' the subject for your own good (I am not interested in matter, so won't waste much time attending to it, but it shouldn't be too difficult for you to do it yourself if you spend little time on it).

    IE

  6. #6
    Ask for a temporary waiver of the 751. Do not file as you will get denied. You must have the final divorce papers. Not just a receipt of the filing.
    Get an attorney to do this.

  7. #7
    what is a temporary waiver and how does it work

  8. #8
    Pay no attention to swtp. There's no such thing as a temporary waiver of the 751. Perhaps he/she meant try to temporarily postpone the interview, but that's not what was written!
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  9. #9
    thanks sappyconifer,
    about postponing the interview , is that a good idea and if so any idea on how to go about that and process. I am actually torn as I am imagining that if appearing for the interview without spouse would lead to the removal process and also loss of status at that time then should I bank on a postponement and hope that the devorce process is complete before I have to actually attend another interview. But the other question is what are the diadvantages to that option

  10. #10
    The clear advantage to postponing would be only to see if your spouse would reconsider attendance. Naturally, this will likely not be possible if the divorce is underway.

    The obvious disadvantage to postponing the interview is that since you filed the I-751 as a joint petition, and your spouse will not attend an interview, now or later, and the divorce process has been initiated, the AO will not be able to adjudicate that joint petition if you are divorced by the time the interview is held. The Service is statutorily prohibited from adjudicating a joint petition when the parties are divorced. AND if you're not divorced by the time the interview is scheduled and the spouse does not attend, the petition will be denied. So the question becomes, will she attend or not? If not, then there seems no point in delaying.

    Since you filed jointly and have since begun the divorce process, you should advise the Service Centre and the local office and hope that you will be given a continuance until it is final so that you can then withdraw the joint petition and replace it with a waiver on the basis of a bona fide marriage that terminated in divorce.
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

Similar Threads

  1. Replies: 8
    Last Post: 12-23-2004, 09:50 AM
  2. Replies: 11
    Last Post: 06-18-2004, 02:46 PM
  3. Replies: 23
    Last Post: 04-07-2004, 08:12 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: