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Thread: I751 waiver

  1. #1
    I have applied for I751 waiver after I got divorce. I had a similar case as posted in this site. such as insufficiency of the evidence. However i have the photos, email, greetings...and affidavits from relatives from native country as well as here.
    I was out of their home when they asked me to go out, and this happened in preseence of many relatives and we were trying to solve the issue. Infact I asked to bring bring my relatives in picture in effort to save the marriage. But they were not listeneing. They had done it within two months of getting GC. I came here on K3 visa. How shall I prove, I know that nothing was sham in the case.

  2. #2
    I have applied for I751 waiver after I got divorce. I had a similar case as posted in this site. such as insufficiency of the evidence. However i have the photos, email, greetings...and affidavits from relatives from native country as well as here.
    I was out of their home when they asked me to go out, and this happened in preseence of many relatives and we were trying to solve the issue. Infact I asked to bring bring my relatives in picture in effort to save the marriage. But they were not listeneing. They had done it within two months of getting GC. I came here on K3 visa. How shall I prove, I know that nothing was sham in the case.

  3. #3
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by meek:
    I have applied for I751 waiver after I got divorce. I had a similar case as posted in this site. such as insufficiency of the evidence. However i have the photos, email, greetings...and affidavits from relatives from native country as well as here.
    I was out of their home when they asked me to go out, and this happened in preseence of many relatives and we were trying to solve the issue. Infact I asked to bring bring my relatives in picture in effort to save the marriage. But they were not listeneing. They had done it within two months of getting GC. I came here on K3 visa. How shall I prove, I know that nothing was sham in the case. </div></BLOCKQUOTE>


    Hello meek

    welcome to the forum

    Please give me timeline of events.

    When did you get married and when you received the green card.

    When did you come to the usa.

    when did you seperate from your wife and file for divorce

    and when did you get the divorce final.

    Then I will respond.

  4. #4
    she and her parents came t the country to look for the match mid 2002, where we met and they left for US. we married early 2004 in a conventional way. I came to US late 2004 on K3 visa, got green card around march 2004. i was staying at the home she purchased, meanwhile the things went sour. I even asked my relatives to intevene, as the thing s were not in my control. late april they asked me to leave home when I, she, her parents and my relatives were present. The same day she filed for divorce also. Our relatives and I tried to talk them too but they simply refused. The divorce was final around early 2005. I am currently under waiver period.

  5. #5
    Dear 4now,
    I forgot to mention that I have hire a lawyer. he say the evidence is thin. Lately, I hv got a letter from INS asking for the proof of he financial records, proof of communal residence. Since I was not having any legal working status here, I was totally dependent on her, set aside the joint financial records.

    PLZ HELP.

  6. #6
    I donot know how the lawyer had presented the things to INS.INS has also asked for the circumstance surrounding the divorce. I knwo that the affidavits I have shown until now donot give full history. INS says that few affidavits I have submitted are not sufficient.

  7. #7
    Hello Meek

    I cannot comment on if your evidence is thin or not becuase you have not told me what in fact was submitted with your 751waiver application.


    and I have to tell you, if you do not act quickly and precisely with proper evidence ... you will be denied because your marriage lasted less than 1 year it looks like. ARe you saying you came here in march2004 and one month later they told you to leave and that the narriage was over? please clarify this.

    They are asking for circumstances about the divorce. They want to know what the grounds for divorce were. ie: no fault, fault divorce as if you were at fault for the divorce.(adultery, abuse etc., abandonment)


    The financials that they are asking for are proof of joint bank accounts (checking or savings accounts that were in both names. any loans, credit cards that show joint ownership. health insurance showing coverage of spouse, life insurance, memberships together , family plans.


    If the only thing you submitted were affidavits for your evidences, then I would say you are probably looking at a denial . But you never know... stranger things have happened.

    If you are denied.. your status will terminate and you will be asked if you want voluntary departure.


    Since you are divorced, perhaps you have found someone else that you would like to marry. You will be able to adjust status under another usc.

    if you would like to stay in the country without getting married. perhaps you would like to go to college here and be here legally as student. f-1 visa.


    Best wishes to you, and keep check on your lawyer.. this person sounds very weak to me.

  8. #8
    Hi Meek,

    If 4Now says that your lawyer is weak, he probably is. I have read some members here give recommendations on very good immigration lawyers, I think those lawyers were from California. this website has lawyers in it too.

    Good luck.
    Do all the good you can, in all the ways you can, as long as ever you can.

    --John Wesley

  9. #9
    [QUOTE]Originally posted by 4now:
    Hello Meek


    4now,

    Even if the petitioner marries another USC for a 2nd marriage, the INS will still scrutinize and put the emphasis on the 1st marriage? Basically, if they think the 1st marriage is not legit, they can deny no matter how real the 2nd marriage is, right? What's your opinion?
    i-751

  10. #10
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by zzz123:
    [QUOTE]Originally posted by 4now:
    Hello Meek


    4now,

    Even if the petitioner marries another USC for a 2nd marriage, the INS will still scrutinize and put the emphasis on the 1st marriage? Basically, if they think the 1st marriage is not legit, they can deny no matter how real the 2nd marriage is, right? What's your opinion? </div></BLOCKQUOTE>

    It is not so much what my opinion is on this. it is what the experience has shown .

    When a person marries for a second time to usc if 1st marriage fails. USCIS may or may not put scrutiny on the second marriage. the scrutiny will be the circumstances surrounding the demise of the 1st marriage and if there were any indications or findings of fraud.

    If the first marriage is deemed as suspect, then the second marriage may end up in the marriage fraud unit and take years before an adjustment of status can take place.

    If there are no indicators, then adjustment of status will not be a problem.

    Remember uscis can easily deny a case, but when going to court the burden of proof is on uscis that evidence be presented that the case was fraudulent. It is not easy to obtain the evidence for marriage fraud proof.. plus it is expensive to pursue this course of action.

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