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Results 1 to 8 of 8

Thread: I 751 Waiver

  1. #1
    When I married my husband he already filed for I751 in June 2005. Since then he was called to a second interview in 2007 and ever since he is in a pending status. He divorced his first wife in Oct 2008 and we decided to send a new application to register permanent residence. I don't know how to do this better. Do I have to send everything all over again, even though he already had a temporary green card? I was told I have to send a I751 Waiver before I submit a new case. Would the fee for this waiver be the same?$545?Why should you pay biometruc fee again,and all the fees just to cancel the case?
    I just want to cancel the case, I don't want him to apply by himself and wait for a decision based on his first 2 year of marriage. I looked over the instructions for I751 waiver and everything I see is how to file on your own. is there another form just to cancel the pending case? I asked a few lawyers and I get different opinions from everywhere , I am very confused. Please advice what should be done in this case.
    Thank you
    Alina

  2. #2
    When I married my husband he already filed for I751 in June 2005. Since then he was called to a second interview in 2007 and ever since he is in a pending status. He divorced his first wife in Oct 2008 and we decided to send a new application to register permanent residence. I don't know how to do this better. Do I have to send everything all over again, even though he already had a temporary green card? I was told I have to send a I751 Waiver before I submit a new case. Would the fee for this waiver be the same?$545?Why should you pay biometruc fee again,and all the fees just to cancel the case?
    I just want to cancel the case, I don't want him to apply by himself and wait for a decision based on his first 2 year of marriage. I looked over the instructions for I751 waiver and everything I see is how to file on your own. is there another form just to cancel the pending case? I asked a few lawyers and I get different opinions from everywhere , I am very confused. Please advice what should be done in this case.
    Thank you
    Alina

  3. #3
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Alinutza:
    When I married my husband he already filed for I751 in June 2005. Since then he was called to a second interview in 2007 and ever since he is in a pending status.



    <span class="ev_code_RED">Hello Ali and welcome to ILW

    this is very confusing your statement here.

    YOur husband filed a joint 751 with his then wife in 2005. they were called for an interview and then for a second interview in 2007. is this correct? He is waiting for the petition to be adjudicated for denial or approval. Then he divorced his wife in oct.2008. Did he notify uscis that he and the wife had seperated and eventually divorced? This is mandatory action on his part .

    Also.. when you spoke of 2nd interview, were you speaking of 2nd interview since his initial greencard interview, or 2nd interview in total? If you are indicating that this is the second interview in regards to the I751 petition, then this means very big trouble in regards to the marriage.
    Please clarify
    .</span>


    I don't know how to do this better. Do I have to send everything all over again, even though he already had a temporary green card? I was told I have to send a I751 Waiver before I submit a new case. Would the fee for this waiver be the same?$545?Why should you pay biometruc fee again,and all the fees just to cancel the case?


    <span class="ev_code_RED">A waiver must now be filed because a divorce has been deemed final. The joint petition must now be replaced with a waiver to remove the conditions. You can file a new case for adjustment of status with forms i485, I130, 325A and medical and affidavit of support from yourself i864. cost is approximately 1010 dollars. BEAWARE that even though you are filing for him, the first marriage must be determined that it was not fraud or sham in order for the new adjustment of status to be able to be approved. Your application will be denied if first marriage cannot be deemed bonafide. </span>



    I just want to cancel the case, I don't want him to apply by himself and wait for a decision based on his first 2 year of marriage. I looked over the instructions for I751 waiver and everything I see is how to file on your own. is there another form just to cancel the pending case? I asked a few lawyers and I get different opinions from everywhere , I am very confused. Please advice what should be done in this case.
    Thank you

    <span class="ev_code_RED">YOU cannot cancel the first case as it has nothing to do with YOU. Only he or his first wife can do this. a notarized letter withdrawing the case and stating the reasons will do. Either he has to file the waiver to remove conditions, or you will have to file a new case for him. There cannot be two cases pending for the same thing ie. adjust of status. Only one case can be pending at a time in regards to his adjust of status.</span>
    </div></BLOCKQUOTE>

  4. #4
    Sorry for the confusion.after he was granted a temporary green card he sent I751 to remove the condition and he was called to a interview. That is why I said second interview.this last interview was in 2007. So in conclusion he had 2 interviews for the whole case. Since then the case is pending.he divorced last year and he did not send a waiver.
    Can he just send the certify letter and withdraw the case due to divorce? Do I still need the waiver then?
    And After he sends the letter can we send our case and start again?
    You mentioned all those forms don't I need I130 also, which is $355?
    Alina

  5. #5
    After I751 was sent there was only one interview.
    Alina

  6. #6
    Hello Ali

    thanks for the clarification.

    ok.

    He filed joint petition to remove conditions. He was called to interview with then wife for removal of conditions in 2007. Why has this case not been adjudicated and is still in pending status????? Is this a suspected marriage fraud/ sham case that it has not been approved or denied or has an intent to deny?


    Check with your husband about the facts of this marriage and what is going on. He needs to make an infopass appt to find out the status of that case. It very well could have been approved and he has a permanent greencard laying around somewhere. Has he changed his address with uscis so that he could receive correspondence from them?

    Check these things first, and let us know.

    I already mentioned the petition for relative in the list of forms above for the new adj of status. I do not recomend sending any withdrawal letter or filing for a new adj of status based on this new marriage until He finds out about the status of the first case!

    I need to have more information about the first case and if in fact it is still pending and if it is pending ...then WHY?

    Infopass appt needed ASAP........ unless he is withhoding information from you. explore this avenue also.

  7. #7
    We actually went togheter this monady on 8/31/09 and inquire about the case they said it's pending. His second interview with his wife did not go to well, I think that at that time they were told that they need to investigate more and that they will let them know when a decission will be taken.
    When he was called for the second interview his Lin number changed and that number at this moment said it's invalid when I try to check status on the website.
    His first receipt number it's still ok, but when you check it on the website there are no new info since 2004 since he got his first green card.
    When we did the info pass we asked if he knows how long it will take but all he said was that it's still pending and that he can have his passport stamped if he wants to travel
    thank you
    Alina

  8. #8
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Alinutza:
    We actually went togheter this monady on 8/31/09 and inquire about the case they said it's pending. His second interview with his wife did not go to well, I think that at that time they were told that they need to investigate more and that they will let them know when a decission will be taken.
    When he was called for the second interview his Lin number changed and that number at this moment said it's invalid when I try to check status on the website.
    His first receipt number it's still ok, but when you check it on the website there are no new info since 2004 since he got his first green card.
    When we did the info pass we asked if he knows how long it will take but all he said was that it's still pending and that he can have his passport stamped if he wants to travel
    thank you </div></BLOCKQUOTE>

    Hello Ali

    It is as I suspected. Their case has probably been referred to marriage fraud unit. Do you know if their marriage was sham, and do you know if they were seperated for their I 751 interview?


    Can you tell me what did not go well in the interview? And why did he not pursue the outcome until now?

    make sure he gets that stamp in his passport now since they are willing to give it. This is very important. That case has not been denied yet.

    It will be important to know the information surrounding that interview so that you can further be advised what is the best avenue to take at this point.

    Like I told you, it will be important that the pending case not be denied for marriage fraud. It it is, you will not be able to adjust with your new marriage.


    If you prefer, you can Priv Msg me with information if you do not want to post it here public.

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