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Thread: I-751 waiver for good faith marriage late

  1. #1
    I was issued an NTA based on the fact that I was divorced two months before my I-751 was approved without interview (as I had sent in 3 inch thick file of evidence). The IJ has simply changed the venue and next hearing is in Oct.

    Menawhile, I have submitted new I-751 with good faith waiver checked three years after the due date. Now the qustions are:

    1. I have not recieved any Receipt Notice in past 60 days from VSC. are they not issuing any or they have delayed because I am in removal proceedings? Is that usual?

    2. The checkes were cashed with July Receipt Date written on them. I have copies? Is that my priority date, July 2007?

    3. I have re-married with in two years after first divorce. Does it have any negative affect on my I-751 visa interview. How to overcome this?

    Please advise if any one had similar exeprience and what was the outcome? Inunderstand once my waiver is approved the case will be dismissed and I can apply for Naturalization.
    Mr. S MALI AOS marriage to usc 1/02 divorce usc 7/04 i-751 aprv 9/04 remarry 3/06 n-400 10/06 wife enter on f-1 5/07 nta 5/07 751 waiver 6/07 removal terminated 11/07 2nd n-400 12/07 gc revoked 1/08 natz interv 8/08 natz denied 9/08 n-336 denied 10/0

  2. #2
    I was issued an NTA based on the fact that I was divorced two months before my I-751 was approved without interview (as I had sent in 3 inch thick file of evidence). The IJ has simply changed the venue and next hearing is in Oct.

    Menawhile, I have submitted new I-751 with good faith waiver checked three years after the due date. Now the qustions are:

    1. I have not recieved any Receipt Notice in past 60 days from VSC. are they not issuing any or they have delayed because I am in removal proceedings? Is that usual?

    2. The checkes were cashed with July Receipt Date written on them. I have copies? Is that my priority date, July 2007?

    3. I have re-married with in two years after first divorce. Does it have any negative affect on my I-751 visa interview. How to overcome this?

    Please advise if any one had similar exeprience and what was the outcome? Inunderstand once my waiver is approved the case will be dismissed and I can apply for Naturalization.
    Mr. S MALI AOS marriage to usc 1/02 divorce usc 7/04 i-751 aprv 9/04 remarry 3/06 n-400 10/06 wife enter on f-1 5/07 nta 5/07 751 waiver 6/07 removal terminated 11/07 2nd n-400 12/07 gc revoked 1/08 natz interv 8/08 natz denied 9/08 n-336 denied 10/0

  3. #3
    Hi Summerfield

    A little confused here. Did you send in a joint 751 form with the evidence???? Were you still with your husband when you filed the joint form?? And u mention that USCIS approved the app but reversed the decision when they found out you were divorced?

    So now you are in removal proceedings, and have submitted 751 waiver with same evidence and have an interview in October... correct?

    Your new marriage will not have any negative effect on the interview. If approved, you can apply for naturalization under the 5 years rule.. that will be 4 yrs and 9 months from the date on your conditional green card.

    Be glad the "mistake" was found out , and that you didnt obtain the green card fraudulently and then applied for citizenship. It would have come out in the citiZenship review that you were divorced and the green card was not valid.... therefore losing chance at citizenship, and having your card revoked for fraud and placed into removal proceedings.

  4. #4
    Here is the time line. AOS based on marraige to USC 3/1/2002
    Filed I-751 to lift conditions 10/6/2003.
    Divorced from USC 7/14/2004
    Approval of I-751 dated 9/14/2004 (2 months after divorce).
    Applied for Naturalization N-400 10/18/06
    Interviewed for Natz 4/17/2007
    Received Notice to appear dt: 5/22/2007
    Appeared before IJ: 6/26/2007 case sent for venue change
    Sent second I-751 with good faith waiver 6/29/2007
    Received Biometrics dated 9/10/2007
    Checked case status on line states:
    Application type : CRI89, PETITION TO REMOVE CONDITIONS OR PERMENENT RESIDENT STATUS RECEIVED

    Current Status:
    Approval notice sent.

    On November 5, 2004, we mailed you a notice that we have approved this CRI89 petition to remove conditions of permanent resident status RECEIVED. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

    Now the questions is, what does this mean. Is this a hoax. I am still going for biometrics. any one encountered the same situation. Is this real approval or they are just messing with me.
    Mr. S MALI AOS marriage to usc 1/02 divorce usc 7/04 i-751 aprv 9/04 remarry 3/06 n-400 10/06 wife enter on f-1 5/07 nta 5/07 751 waiver 6/07 removal terminated 11/07 2nd n-400 12/07 gc revoked 1/08 natz interv 8/08 natz denied 9/08 n-336 denied 10/0

  5. #5
    Do you have a 10 year green car already?

  6. #6
    yes, i got my 10 yr card in october 2004 when i originally filed joint i-751 and it got approved in sept 2004 two months after divorce date. bcis did not find this out until i applied for citizenship.

    do you think my second i-751 waiver has been approved without interview in 2 1/2 months at vsc....
    Mr. S MALI AOS marriage to usc 1/02 divorce usc 7/04 i-751 aprv 9/04 remarry 3/06 n-400 10/06 wife enter on f-1 5/07 nta 5/07 751 waiver 6/07 removal terminated 11/07 2nd n-400 12/07 gc revoked 1/08 natz interv 8/08 natz denied 9/08 n-336 denied 10/0

  7. #7
    You already got your green card and you have re married again. I would think maybe you don't want to apply for N-400 until 3 years after the second marrige? I am not sure...

  8. #8
    my current marriage is not to usc. i alreasdy have a gc for past 5 1/2 yrs
    Mr. S MALI AOS marriage to usc 1/02 divorce usc 7/04 i-751 aprv 9/04 remarry 3/06 n-400 10/06 wife enter on f-1 5/07 nta 5/07 751 waiver 6/07 removal terminated 11/07 2nd n-400 12/07 gc revoked 1/08 natz interv 8/08 natz denied 9/08 n-336 denied 10/0

  9. #9
    go to this page:
    http://infopass.uscis.gov//

    make an appointment and follow your case, take all receipts and documents you have; the immigration officer will check your case in the system and will tell you what to do.

    don't wait...

    www.i751.wordpress.com
    www.i751form.com

  10. #10
    read my reply under the late thread. thanks. infopass no help.
    Mr. S MALI AOS marriage to usc 1/02 divorce usc 7/04 i-751 aprv 9/04 remarry 3/06 n-400 10/06 wife enter on f-1 5/07 nta 5/07 751 waiver 6/07 removal terminated 11/07 2nd n-400 12/07 gc revoked 1/08 natz interv 8/08 natz denied 9/08 n-336 denied 10/0

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