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Thread: Need some I-751 help.

  1. #1
    Hi everyone. I know there have been many similar situations documented on this board. Mine is a little different though. I would greatly appreciate some advice.

    I filed the I-751 form in February 2008 to remove conditional status. I filed jointly with my wife. I was fingerprinted in March. I don't expect to hear from the USCIS before March 2009 due to the backlog at the Vermont Service Center. My marriage was completely legitimate, but is very much on the rocks. I'm pretty sure that my wife will move out of our home soon.

    I don't think filing the I-751 again with divorce papers is an option for me as there is still a little hope for my marriage. And if we do decide to get divorced, I don't think I could obtain a divorce in time for the interview.

    If we do break up, I think my only option would be to turn up for the interview alone, and try pleading my case that the marriage was legitimate, but has fallen apart. And that we are not divorced yet. However, It doesn't seem like a good idea to surprise the USCIS officer by turning up without my wife. We all know they don't like curve *****.

    I may be able to persuade my wife to attend the interview, but wouldn't feel comfortable trying to mislead the officer that we were still together, especially since she will have moved to a new address. If she did come, I'm thinking honesty would be the best policy, and to just tell the officer exactly what the situation is.

    What do I do?

  2. #2
    Hi everyone. I know there have been many similar situations documented on this board. Mine is a little different though. I would greatly appreciate some advice.

    I filed the I-751 form in February 2008 to remove conditional status. I filed jointly with my wife. I was fingerprinted in March. I don't expect to hear from the USCIS before March 2009 due to the backlog at the Vermont Service Center. My marriage was completely legitimate, but is very much on the rocks. I'm pretty sure that my wife will move out of our home soon.

    I don't think filing the I-751 again with divorce papers is an option for me as there is still a little hope for my marriage. And if we do decide to get divorced, I don't think I could obtain a divorce in time for the interview.

    If we do break up, I think my only option would be to turn up for the interview alone, and try pleading my case that the marriage was legitimate, but has fallen apart. And that we are not divorced yet. However, It doesn't seem like a good idea to surprise the USCIS officer by turning up without my wife. We all know they don't like curve *****.

    I may be able to persuade my wife to attend the interview, but wouldn't feel comfortable trying to mislead the officer that we were still together, especially since she will have moved to a new address. If she did come, I'm thinking honesty would be the best policy, and to just tell the officer exactly what the situation is.

    What do I do?

  3. #3
    Utterly ridiculous reasoning, davdah.

    OP,

    If you filed jointly, there is absolutely no reason that your wife shouldn't attend any interview called, unless you suspect she could scupper your case. Be honest about the status of the marriage. If you have not yet filed for divorce at the time the interview (if any) is called, she can attend and testify to the legitimacy of the marriage that is now in a terminal state.

  4. #4
    The OP! = An Agenda Of Status! Love, Marriage, Morals, Values, Loyalty, Devotion. Never Existed! Was All About The GC!!!
    Priority Was Self And Family!!! When Will They Ever Learn? .
    USA Is Not As Ignorant As Those From Afar Believe! Takes Time!!!

    Come On Guys/Gals? Why Even Disclose???? You Already Know!!!
    USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

  5. #5
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by DangerousDave:
    Hi everyone. I know there have been many similar situations documented on this board. Mine is a little different though. I would greatly appreciate some advice.

    I filed the I-751 form in February 2008 to remove conditional status. I filed jointly with my wife. I was fingerprinted in March. I don't expect to hear from the USCIS before March 2009 due to the backlog at the Vermont Service Center. My marriage was completely legitimate, but is very much on the rocks. I'm pretty sure that my wife will move out of our home soon.

    I don't think filing the I-751 again with divorce papers is an option for me as there is still a little hope for my marriage. And if we do decide to get divorced, I don't think I could obtain a divorce in time for the interview.

    If we do break up, I think my only option would be to turn up for the interview alone, and try pleading my case that the marriage was legitimate, but has fallen apart. And that we are not divorced yet. However, It doesn't seem like a good idea to surprise the USCIS officer by turning up without my wife. We all know they don't like curve *****.

    I may be able to persuade my wife to attend the interview, but wouldn't feel comfortable trying to mislead the officer that we were still together, especially since she will have moved to a new address. If she did come, I'm thinking honesty would be the best policy, and to just tell the officer exactly what the situation is.

    What do I do? </div></BLOCKQUOTE>
    Unfortunately, you are in a very precarious situation.

    One the one hand, if you filed a joint petition to remove the conditions, there may or may not be an interview. If there is an interview and she shows up, hopefully the two of you will have patched things up. However, if you show up alone, your case will be denied and your status terminated.

    On the other hand, if either you or your wife file divorce papers and it is granted, then you need to refile the I-751 by waiving the joint petition requirement based on divorce. You will need to submit a copy of the divorce decree, with all your other documents when you refile.
    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

  6. #6
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by swissnut:
    If you filed jointly, there is absolutely no reason that your wife shouldn't attend any interview called, unless you suspect she could scupper your case. Be honest about the status of the marriage. If you have not yet filed for divorce at the time the interview (if any) is called, she can attend and testify to the legitimacy of the marriage that is now in a terminal state. </div></BLOCKQUOTE>
    Swissnut,
    What makes you think if USCIS decides to do the interview, that only one person would attend. Hopefully, there is not an interview, but if there is and only one spouse shows up on removal of conditions based on marriage, it will be denied.

    What you might want to check out is USCIS 2004 memo dealing with I-751 situations for more information.
    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

  7. #7
    The INA does not prohibit a couple from filing a joint petition if the marriage is on shaky grounds. It does state that a jointly-filed petition cannot be adjudicated if the parties have divorced, and procedure calls for aliens that are already in divorce proceedings to await final decree before filing a waiver of the joint requirement.

    The USC spouse could attend an interview if they have not yet commenced divorce proceedings, if one is called, and testify to the bonafide nature of a marriage on the rocks. The wisdom of doing so, rests on the alien's confidence that any testimony would not harm his or her case.

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Hudson:
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by DangerousDave:
    Hi everyone. I know there have been many similar situations documented on this board. Mine is a little different though. I would greatly appreciate some advice.

    I filed the I-751 form in February 2008 to remove conditional status. I filed jointly with my wife. I was fingerprinted in March. I don't expect to hear from the USCIS before March 2009 due to the backlog at the Vermont Service Center. My marriage was completely legitimate, but is very much on the rocks. I'm pretty sure that my wife will move out of our home soon.

    I don't think filing the I-751 again with divorce papers is an option for me as there is still a little hope for my marriage. And if we do decide to get divorced, I don't think I could obtain a divorce in time for the interview.

    If we do break up, I think my only option would be to turn up for the interview alone, and try pleading my case that the marriage was legitimate, but has fallen apart. And that we are not divorced yet. However, It doesn't seem like a good idea to surprise the USCIS officer by turning up without my wife. We all know they don't like curve *****.

    I may be able to persuade my wife to attend the interview, but wouldn't feel comfortable trying to mislead the officer that we were still together, especially since she will have moved to a new address. If she did come, I'm thinking honesty would be the best policy, and to just tell the officer exactly what the situation is.

    What do I do? </div></BLOCKQUOTE>
    Unfortunately, you are in a very precarious situation.

    One the one hand, if you filed a joint petition to remove the conditions, there may or may not be an interview. If there is an interview and she shows up, hopefully the two of you will have patched things up. However, if you show up alone, your case will be denied and your status terminated.

    On the other hand, if either you or your wife file divorce papers and it is granted, then you need to refile the I-751 by waiving the joint petition requirement based on divorce. You will need to submit a copy of the divorce decree, with all your other documents when you refile. </div></BLOCKQUOTE>

  8. #8
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by swissnut:
    The INA does not prohibit a couple from filing a joint petition if the marriage is on shaky grounds. It does state that a jointly-filed petition cannot be adjudicated if the parties have divorced, and procedure calls for aliens that are already in divorce proceedings to await final decree before filing a waiver of the joint requirement.

    The USC spouse could attend an interview if they have not yet commenced divorce proceedings, if one is called, and testify to the bonafide nature of a marriage on the rocks. The wisdom of doing so, rests on the alien's confidence that any testimony would not harm his or her case. </div></BLOCKQUOTE>
    The INA does not specifically address this issue. This memo provides an operational guideline where the INA fails.

    If you are referring to bullet #2, subbullet #1 of the memo, then this becomes a case who he said/she said. The problem is whether the USC spouse will notify USCIS through a letter and make a blanket claim that the immigrant is only after the green card. Currently, the USCIS will heed that letter from the USC spouse and thus err on the side of caution. This, of course, may deny the removal of conditions and terminate his status. However, if the USC spouse does not send the letter and if there is enough evidence not to warrant an interview, then the immigrant spouse may have the conditions removed, whether the immigrant spouse notifies USCIS or not.

    this really depends on what the wife will do more than what is in the law.
    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

  9. #9
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Hudson:
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by swissnut:
    The INA does not prohibit a couple from filing a joint petition if the marriage is on shaky grounds. It does state that a jointly-filed petition cannot be adjudicated if the parties have divorced, and procedure calls for aliens that are already in divorce proceedings to await final decree before filing a waiver of the joint requirement.

    The USC spouse could attend an interview if they have not yet commenced divorce proceedings, if one is called, and testify to the bonafide nature of a marriage on the rocks. The wisdom of doing so, rests on the alien's confidence that any testimony would not harm his or her case. </div></BLOCKQUOTE>
    The INA does not specifically address this issue. This memo provides an operational guideline where the INA fails.

    If you are referring to bullet #2, subbullet #1 of the memo, then this becomes a case who he said/she said. The problem is whether the USC spouse will notify USCIS through a letter and make a blanket claim that the immigrant is only after the green card. Currently, the USCIS will heed that letter from the USC spouse and thus err on the side of caution. This, of course, may deny the removal of conditions and terminate his status. However, if the USC spouse does not send the letter and if there is enough evidence not to warrant an interview, then the immigrant spouse may have the conditions removed, whether the immigrant spouse notifies USCIS or not.

    this really depends on what the wife will do more than what is in the law. </div></BLOCKQUOTE>

    Now Your Talkin!
    USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

  10. #10
    Hudson,

    It would have to be more than a simple letter that would cause an outright denial. There'd have to be compelling evidence of fraud, in my opinion.
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Hudson:
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by swissnut:
    The INA does not prohibit a couple from filing a joint petition if the marriage is on shaky grounds. It does state that a jointly-filed petition cannot be adjudicated if the parties have divorced, and procedure calls for aliens that are already in divorce proceedings to await final decree before filing a waiver of the joint requirement.

    The USC spouse could attend an interview if they have not yet commenced divorce proceedings, if one is called, and testify to the bonafide nature of a marriage on the rocks. The wisdom of doing so, rests on the alien's confidence that any testimony would not harm his or her case. </div></BLOCKQUOTE>
    The INA does not specifically address this issue. This memo provides an operational guideline where the INA fails.

    If you are referring to bullet #2, subbullet #1 of the memo, then this becomes a case who he said/she said. The problem is whether the USC spouse will notify USCIS through a letter and make a blanket claim that the immigrant is only after the green card. Currently, the USCIS will heed that letter from the USC spouse and thus err on the side of caution. This, of course, may deny the removal of conditions and terminate his status. However, if the USC spouse does not send the letter and if there is enough evidence not to warrant an interview, then the immigrant spouse may have the conditions removed, whether the immigrant spouse notifies USCIS or not.

    this really depends on what the wife will do more than what is in the law. </div></BLOCKQUOTE>

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