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Results 1 to 8 of 8

Thread: The chance of getting Immigration I-751 wavers approve for a real marriage gone bad...

  1. #1
    I want to help a friend. Any inputs and advices would be greatly appreciated. My friend has been married to a USC for about 1 year. Next January will be the 3 months before 2 year for her to file the I-751 to remove the condition on her green-card. However, her marriage has been going bad... there are not fights, but no communication at all. There is no physical abuse, just a bad match. She plans to get marriage counseling her self, even though if her spouse doesn't want to go with her. If this still doesn't work, she might get a divorce and then, will need to file an I-751 with a waver. She has proof of the marriage is real (cause it is real) like Tax returns, joint accounts, insurance beneficiary, photos, affidavits from friends (if needed) but no shared bills and name on the house. She might be use an attorney to help with this process and this is in Texas (if it makes any different). Still, what are the chances % of she getting the I-751 waver approve? Thanks for any help!!!

  2. #2
    I want to help a friend. Any inputs and advices would be greatly appreciated. My friend has been married to a USC for about 1 year. Next January will be the 3 months before 2 year for her to file the I-751 to remove the condition on her green-card. However, her marriage has been going bad... there are not fights, but no communication at all. There is no physical abuse, just a bad match. She plans to get marriage counseling her self, even though if her spouse doesn't want to go with her. If this still doesn't work, she might get a divorce and then, will need to file an I-751 with a waver. She has proof of the marriage is real (cause it is real) like Tax returns, joint accounts, insurance beneficiary, photos, affidavits from friends (if needed) but no shared bills and name on the house. She might be use an attorney to help with this process and this is in Texas (if it makes any different). Still, what are the chances % of she getting the I-751 waver approve? Thanks for any help!!!

  3. #3
    Oh, one more thing, god forbids, for any reasons, if the i-751 waver is not approved, are there any other options for her to stay in the US? Thanks!!!

  4. #4
    If the marriage was indeed real and she can proof it.It will usually be approved.

    But all the evidence needs to be shown and present.Because she as the Immigrant has to show and proof the marriage was not only real,she also has to proof she came to the United States ONLY because of love.
    And if the marriage was real,its easy to proof that she entered the US in good faith aka because of love.
    All you gotta proof is,that your realationship existed long before getting married and being a couple for a certain anount of time,long before getting married.

    U have to remember,people who are still married need to proof the same,as the ones filing for waiver and are divorced.The difference,the one who is divorced fliling for,needs more proof.

    I went through this,and have talked to excellent expert attorney, but I have not used one.If its real,no attorney is actually needed.

    Tell you friend to gather everyhting together.
    Pictures from dating period,pictures from wedding and during marriage.Pictures of your home,pictires of vacation,trips,family gathering etc....pictures are very important.

    Car Insurance in both names,credit card,bank statements in both name and address.
    Life Insuranc etc...health insurane showing both covered etc...apt or house lease.
    Any bills u might have showing both names on the bill.She should have at least one bill with both of their names...showing "financial responsibility on both names" but if you do not have that,its not too bad,if you have other stuff.

    Very important affadavits from the U.S Citizen family members aka In-Laws,siblings that attest and swear,that the marriage was real and entered in good faith and they lived actually has husband and wife.And gives examples.
    In a divorce case,affadavits from the alien's friends will not be counted,cause it will be considered as "doing a favor" she needs affadavits from her ex in laws and their family...and maybe 2 friends,U.S. Citizen friends.....

    If she is denied,she will be put under removal.But she can always resubmit the application in that case with more evidence.Remember the alien ahs to proof the marriage was real and entered in good faith.

    But like I said,if its real...it will be approved.On this forum alone,u can search.Anyone who has been denied on here,was not really married,because its easy to figure that out.

    So your friend will be fine.If it was real!

  5. #5
    Thank You so much for the in-depth and detials reply. Of course, all this would not occur if the marriage counseling plan work out for them.

    She went to school here and actually was on a HI (5 year) visa working already. So, she came here on her own. She was with the husband for 4 years (live together for 2) before she gotten married. However, beside pictures, I am not sure how she can proof they were together (documentation) before they were married?? They both do have mutual friends and co-workers, who can provide affidavits I believe, perhaps their neighbors as well (all USC). I know the husband side of the in-law would be good affidavits, but if the divorce does occurs and she initiates it, I am not sure his side of the family would be willing to help? Do the in-laws usually help?

    Thanks so much again...!!!

  6. #6
    I have seen the case of genuine marriage where someone came here from Africa, based on marriage to a higher-upper-class woman from NYC.
    Whoever knew the couple (which started dating and got married in Africa) had absolutely no doubt that marriage was absolutely genuine.
    They stayed together for only one month and then they decided to separate. It just didn't work.
    Two years later all they needed were some notarized affidavits from friends and relatives.
    She (the USC) supplied notarized letter as well.
    Interview (waiver of conditional residence) was simple, was attended by alien only and that person got the unconditional LPR status right after.
    They had absolutely no bills or anything at all together (during the one month period the alien-spouse stayed in the house of USC).
    The above is the matter of fact.

    Point is: each case is unique and there are no universal rules applicable to all cases.

    However, what really bothers me is when I hear of "marriage/brokerage" services where the ongoing rate for a truly fraudulent spouse is only a US$7000 and your GC is almost guaranteed to be approved within the 6-9 months period [as immediate relative of USC] and everything ,including the attendance of I-751 interview, preparation of joint bills/rental agreement, is "taken care of" by the same "service" provider who also "guarantees" that the USC spouse won't flee/disappear just before the interview.

    I hope your friend is not one of those who abuse the system.

  7. #7
    Thanks for the reply and advice. I think the word "service" should not even be mentioned for my friend case, because she is not providing a service or a business transaction, but a genuine marriage and they was planning to be together; however, like 50% of marriages in the U.S., it is not working out so far. She has asked the spouse go to counseling together, but he has refused to go... ; now, she will try again... and might just go by her self to figure things out. She can pretend that everything is okay and wait for the two years to clear; however, she feels she is not being honest to her spouse...

    I do agree with you that it is sad that while there are people who are genuinely together for love and attempt for marriage; while others use this secrete bonding of marriage as a way for business transaction and to make money.

  8. #8
    Wish your friend best of the luck


    P.S. BTW, I am curious how would INA define 95% of marriages that take place among traditional Indian couples ( I am sure many take place lately)?

    In India it's considered a shame to marry someone "because on love" (their cultural perception is that a girl who dates the guy and "falls in love" before marriage is an equivalent of prostitute, thus not a "pure" girl, not acceptable in marriage for a man of "honor"), while what they truly hold in high esteeem is an "arranged marriage" (whereas the parents "figure things out" and "fix" things up for the couple).

    And the choice/acceptance of bride/groom is almost inevitably dependent on one's social class and standing.

    Feelings of "children" simply don't matter, it's irrelevant.

    Now what is it if not a pure business transaction?
    Yet, this is how they view the "true, sacred, holy" matrimony.
    And, ironically, most of their marriages last a lifetime.

    Hypothetical question is: could traditional Indian marriage be prosecuted in US, based on principle "When in Rome act like Romans do", or
    could it be defended based on principle of understanding and tolerating cultural differences?

    Food for thought.

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