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Thread: I-751 - how to waiver, need advice.

  1. #1
    Hello Everyone,
    I am pretty new here and I like how this forum is.

    Here is my unique sitution.I am originally from europe,met my wife in 2000, while i was an exchange student at a University.I went back and forth after to see her each year...In 2003 we got married.I came with a Fiance Visa.
    Now exactly being married for 3 years and having my conditonal removed by the end of this year.We are now divorced,it was heartbreaking and painful...anyway.Our marriage was more than just real,it was pure love...but out side reason caused for the divorce.I'll get into it later.
    Anyway...I am now kinda worried how to handle this application for a waiver and how to file.
    I hear people here saying,they filed for a waiver to the removal of the condition,hand having it removed without even an interview or nothing.Now thats my goal as well.

    Here some facts and you guys can tell me,what my chances are getting my conditonal removed asap,witout getting an interview etc.

    Are marriage was TOTALLY and 100% real.
    We have over 500 pictures,from our home,outings,weekend trips,pictures with with her family, pictures from vacation (orlando,vegas).Pictures from parties with our friends.Pictures of us from sporting events.
    Pictures from my wife's college graduation,from this year etc etc

    Car Insurance,with both of our names and address on it.
    Tax Return.
    Credit Cards.
    Health Insurance.
    APT lease.

    Our Utility bills were/are under my wifes name.
    And we never did the joint bank account.I mean we could always add eachother on our accounts.

    But you guys tell me,is that enough proof to know,are marriage was very true?

    Cause if we have to,my wife would even write a letter stating our situation,and that our marriage was real.And her family,siblings..friends would do the same.

    I appriciate every answer and advice...
    Just need to know,how to file properly and perfectly with excellent proof so,I have my conditions removed,maybe even without an interview...since from where i live its over 3 hour drive for the next ins office.

    Thank you so much guys!

  2. #2
    Hello Everyone,
    I am pretty new here and I like how this forum is.

    Here is my unique sitution.I am originally from europe,met my wife in 2000, while i was an exchange student at a University.I went back and forth after to see her each year...In 2003 we got married.I came with a Fiance Visa.
    Now exactly being married for 3 years and having my conditonal removed by the end of this year.We are now divorced,it was heartbreaking and painful...anyway.Our marriage was more than just real,it was pure love...but out side reason caused for the divorce.I'll get into it later.
    Anyway...I am now kinda worried how to handle this application for a waiver and how to file.
    I hear people here saying,they filed for a waiver to the removal of the condition,hand having it removed without even an interview or nothing.Now thats my goal as well.

    Here some facts and you guys can tell me,what my chances are getting my conditonal removed asap,witout getting an interview etc.

    Are marriage was TOTALLY and 100% real.
    We have over 500 pictures,from our home,outings,weekend trips,pictures with with her family, pictures from vacation (orlando,vegas).Pictures from parties with our friends.Pictures of us from sporting events.
    Pictures from my wife's college graduation,from this year etc etc

    Car Insurance,with both of our names and address on it.
    Tax Return.
    Credit Cards.
    Health Insurance.
    APT lease.

    Our Utility bills were/are under my wifes name.
    And we never did the joint bank account.I mean we could always add eachother on our accounts.

    But you guys tell me,is that enough proof to know,are marriage was very true?

    Cause if we have to,my wife would even write a letter stating our situation,and that our marriage was real.And her family,siblings..friends would do the same.

    I appriciate every answer and advice...
    Just need to know,how to file properly and perfectly with excellent proof so,I have my conditions removed,maybe even without an interview...since from where i live its over 3 hour drive for the next ins office.

    Thank you so much guys!

  3. #3
    You will need to submit a copy of the divorce decree when you file the I-751, along with all the other required documents. It will be up to the Immigration officer handling your case that will make the ultimate decision.
    "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

  4. #4
    If you ever married USC and/or got LPR through marriage with the same, you are by definition assumed to be a ****ster and fraudster !

    No evidence exists or can possibly exist to overcome such an assumption , but if IO is kind , generous and in super good mood it's possible that he/she will remove your conditions.
    This won't mean that you are not a ****ster and fraudster !

    This is not a legal advise.

    IE

  5. #5
    With a divorce decree, you are eligible to file the waiver and remove conditions now.
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  6. #6
    First of all.My marrige was REAL and no were near to fraud.Unlike this other guy who ONLY had wedding pics,and statement from the landlord saying they live together...its no brainer that is seeing asa fraud.

    But I have everyhting that shows and proofs that we lived actually together.
    We have pictures from the time we got married to our last day of marriage of 2003 and everything in-between.
    APT Least,Health Insurance,Car Insurance,Rental's Insurance,Tax Return,Vacation Pictures,Flight Tickets....

    Now what is that you say "degree of divorce".How do I get that?

    Do I also need to write a cover letter together with my I-751?

    Should my "wife" also write a letter affidavit.Saying our marriage was real,bona fide.Or even her Mom or Siblings as well?
    Should I or She mention that we actually still live together and try to work things out? would that matter? because we do live together.Even after divorce.

    Do I need to have a lawyer to do that paper work for me? or can I do all that myself?
    Or is a lawyer even naccersary?

    Now I was suppose to file the I 751 by October.Because of Divorce,is it true I can actually file NOW - anytime?
    thank you

  7. #7
    Yes, as soon as you have a divorce judgment from the court you may file the waiver. Do you have a document signed by the judge declaring your marriage terminated? If so, you enclose that with the I751.

    The proofs you have appear on their face to be sufficient. I wouldn't mention the fact that you still reside together, might cause questions that don't need to be asked.

    Affidavits from friends, family are good. I'd refrain from using one from the ex-wife if she will use the same address as yours.
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  8. #8
    Yes,i received the letter couple days ago saying "Judgment Entry Of Divorce" Incompatible -,with the judges signature at the end of the package.Its like 3 pages...do I need to sent the whole thing?

    So,you say my wife should not affidavit for me?,or she should use her parents address if she does?

    Do need to make a statement when filing,lilke a cover letter what I have included and that my marriage was real ec.Do I need to make comments like that?

    All the pictures I have,is it alright if I sent them copies,like printing them on a paper like black and white? cause its cheaper and faster...How many pictures should I sent really?
    I mean we have tonz...u could actually see how we grow on the pics.Since we took tonz of pics of our lifes....

    Is it true,the Immigration denies applications,when they think,the marriage was fraud,or the applicant did not proof enough evidence that they lived together.

    So bottom line is - to have your conditonal removed,when you are divorced is,to proof,you entered the marriage in faith and you guys truly lived together.Right?

    so from all i counted what we established (pics,documents,insurance tec),do I have enough for them to know,we truly were married and lived together and enjoyed live together?

    Again, do I need an attorney to file the papers,just to have it perfectly right and be prepared etc...or does that look fishy? or just file alone?

    Please anyone who filed for a waiver in my situation,make a detailed list what you sent on your application,if you had a lawyer or not and how long it took to have your conditional removed,with or wiithout an interview.
    Thank you

  9. #9
    HBKHBK,

    I think you have more than enough proof that you entered in that marriage in good faith, I was on the same case like you, me and my ex, divorced before my 2 years was up (as I have explained in my post how I got my permanent GC without an interview, as long as all is legitimate). Although because the case is more complicated than the usual filing of I-751, I would suggest the you get an immigration lawyer who could assist you and advise you properly. It might cost you some money but its worth it. hope you you'll be able to get your conditional status to be removed. Goodluck!

  10. #10
    Mae,
    thank you,i have read your stuff on the other topic.I heard and read more about,people getting divorced,and filing to waiver and getting it done,without having to appear for an Interview.I assume it all depense how much evidence you sent with your paper about your marriage.
    Here is exactly what I have,or we have:
    PICTURES: from our home,with our cat,friends,family,trips,vacation,party,holidays etc.
    Joint TAX Return 2005.
    Car Insurance.
    Home Owner Rental Insurance.
    My Pay Stub, Her Pay Stub showing our address.
    APT Lease.
    Same Credit Cards.
    Health Insurance.
    I am the beneficiary on my wife's Life Insurance.
    Video Membership same account/same address.
    Flight Tickets.
    Affadavit from Wife
    Affadavit from Friend
    Affadavit from wife's Mother or Sister

    I always paid the APT rent and my wife the electric and phone.So Utility is only under my wifes name.And we have our own checking account.

    Now,can and should add my name to the phone bill or electric? cause someone said,you can do that anytime.And do I have to do that,with everyhting I already have proofing we were living together and were truly married?

    But I might consolt an attorney,just to be on the safe side,with submiting everyhting properly and perfectly with no mistakes.

    I also read,the Immigration can ONLY deny your waiver,if they can proof,you gave false statement on your application and did not have enough supporting evidince.Is that true???

    Again with my pictures, is it alright to make copies of my pics (black&white) on regular paper?

    PS: MAE, is there a chance I could talk to you more privatly,like in e mails? let me know or give me your e mail.I would lilke to exchange information with you.Thank you.

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