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Thread: do i qualify for I-751 waiver?

  1. #1
    I got married late february, got my approval letter for conditional green card late september, but unfortunately marriage isnt working out. We just recently filed for divorce and will not be official till june due to california's 6 month wait. I understand that the "2 year" takes effect the date of the conditional gc got approved. Since it will only be 9 months since i received my gc, will I quilify to waive join I-751? What are the chances that they will aprove my waived I-751?

  2. #2
    I got married late february, got my approval letter for conditional green card late september, but unfortunately marriage isnt working out. We just recently filed for divorce and will not be official till june due to california's 6 month wait. I understand that the "2 year" takes effect the date of the conditional gc got approved. Since it will only be 9 months since i received my gc, will I quilify to waive join I-751? What are the chances that they will aprove my waived I-751?

  3. #3
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by jaji:
    I got married late february, got my approval letter for conditional green card late september, but unfortunately marriage isnt working out. We just recently filed for divorce and will not be official till june due to california's 6 month wait. I understand that the "2 year" takes effect the date of the conditional gc got approved. Since it will only be 9 months since i received my gc, will I quilify to waive join I-751? What are the chances that they will aprove my waived I-751? </div></BLOCKQUOTE>
    Once divorce is final, you can file for the I-751 using the divorce waiver. You still need to prove that the marriage was intended in good faith. Please see instrucitons to I-751 on the USCIS website.
    "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
    U should. I am in the same situation. My marriage lasted only 10 months. I wised up and get a lawyer. I suggest you do the same. Also make sure you have evidence that your marriage was in good faith and that you were not at fault during the divorce ok?

  5. #5
    Thank you hudson and westafun for your promp replys. I really appreciate it. The only evidence I have to prove it was in good faith are pictures, letters and sworn testimonial from relatives stating that our marriage is true. We currently do not have any shared properties or assets, nor do we have any joint accounts of any sorts. I am not under any of his insurances.

    to westafun..maybe you can help me out a little bit, your marriage officially ended after 10 months of marriage? Or it ended after 10 months of marriage but not officially? From what I understand, it wont be official till 6 months after filing. I guess my question to you is, in essence on waivering, do you file for the waiver right after the divorce is official and in my case it counts as 14 months of marriage? or will they count it as from the time we filled for the divorce which would only be 9 months of marriage?

    Since your going through it, how much assurance did your lawyer say that you would get your conditional lifted?

  6. #6
    Why are you asking anyone else when everyone knows I am an expert on this?

    Forget all the **** these people are telling you.

    Presumably (and thats a big presumption) you did not commit marriage fraud. The marriage didn't work out so you say. There is no reason for your ex spouse to be angry or upset. You both, as mature adults, agreed to divorce. You did not steal any money as a going away gift for yourself.

    OK so far? All this is a true version of what happenned? If so, you have nothing to worry about.

    What to do....
    You will discuss this situation with your spouse. Not committing a fraud, he will have no anger towards you. You will explain the situation to him and ask for his help. Being the good guy he is, he will help you. Even if he is unwilling to delay the divorce, he can write a nice affidavit vouching for the bonafides of the marriage.

    If what you said was true, then this will not be a problem.

    So, tell us now the truth. What is the real story?

  7. #7
    sonofmichael..what you have said is the true version..somewhat..my sitution is more complicated and difficult to explain.but i will try..the marriage was entered into good faith..at least in my part..and here is the reason why the marriage did not work out..I entered the marriage believing that the love we both share was true to the heart..but had recently found out that that was not the case..turns out HE had a girlfriend on the side..HE has a 16 month old with this other woman that he had failed to tell me..HE is also expecting their second in january..which I did not know of either..HE has an apartmnet lease with her and other assets such as cars and so on..all this time that HE had told me he was working late..HE was working overtime..HE was hangning out with friends..All those those times..HE was really with her..at their own home..with they're family..see he works those graveyard shifts..and I go to school from morning upto night when his shift starts..we barely saw each other through out our entire marriage..I did talk to him about that issue..and he assured me that it was only temporary..till he can get another shift change..and I was okay with that..Because I loved him to the heart and bone..I did not find out all of this till he called me while i was at class and told me he had moved out..

    It turns out this other women did not know he was married..and did not know anything about me..she found out somehow..and she made him choose..and he chose her..from what he had told me..he is not allowed to have anything to do with me..so thats where the affidavit vouching that our marriage was bonafide will be a problem..I doubt he will write the affidavit..unless he can hide it behind her back..I love him..i still do..yes, you probably all thinking "this stupid little girl"..but no matter what you guys think..I did enteres this MARRIAGE into GOOD FAITH..HE was just a pompeus ***** that decided to play with my heart..I know a lot of people go through this..get played, cheated on, and so on..but mines a little different because my immigration status is involved here..

    i was the one who filed for divorce..im trying to get it annulled for fraud based on the fact that he had withheld information from me like his son prior and during our marriage...i have tried contacting to him on many occasions..but its no use..so sonofmichael..theres your story..

    I did not commit any fraud..my marriage was true in my part..and theres a good chance he will not help me out..please let me know what you think..im trying to hire an attorney, but its going to take me some time for I have no finances at the moment..that is why I'm on this forum in hopes that you or anyone have any input or advice in this matter.

  8. #8
    How did you meet this guy? You can send me private message if you want.

  9. #9
    Hi J

    wow sorry to hear about your story. and thank you for giving details, as I think that this just may have saved you.

    Getting a waiver approved for marriage lasting such a short time is not easy. However, in your case, the marriage ending was not your fault. When your divorce becomes final... you will file a waiver under good faith marriage AND filing under cruelty for emotional abuse.

    You will describe the situation that you were put through with the adultery and the children being born etc. and lies about the working. If you have proofs that he was leading the double life, then provide the proofs.

    It would also be a good idea to visit a therapist about your emotional letdown and to substantiate the emotional abuse. Actually it is probabley needed for your well being. This is quite traumatic to come to another country and be dealt this.

    YOu will need to have a strong case, as i have to tell you that this looks like a sham marriage all the way around. and they will be thinking that you paid or had this marriage arranged.

    Good luck.

  10. #10
    Girl
    your story is straight. just get people that will testify for you. I had an friend in a similar situation. the immigration agent just interviewed the familly and he was good to go. No worries , as long as you entered the marriage in good faith you are OK sister

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