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Thread: I751 Approved-Divorce Pending

  1. #1

  2. #2

  3. #3
    (Previous post deleted as new info surfaced. Sorry).

  4. #4

  5. #5
    (Previous post deleted as new info surfaced. Sorry).

  6. #6
    yes the dissolution of your current marriage would be needed and it is not important as you filed for green card thru joint petition. try consulting some experienced attorney. he will guide you properly

    JWP
    New York Immigration Lawyer Marina Shepelsky, located in Brooklyn, assists clients from the New York metro area and across the United States in all immigration and naturalization matters http://www.e-us-visa.com

  7. #7
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by KOOL_DUDE:
    Thank you for the response Rough Neighbor. I was told by one attorney that since you got your green card thru joint petition, <span class="ev_code_BLUE">u will have problems filing n400. </span> I wanted to make sure that if i need to do anything, i should do now. Hope i have no problems, when filing n400.

    thanks again. </div></BLOCKQUOTE>

    It is NOT an opinion as RN suggested and unfortunately it does have Factual basis.


    <span class="ev_code_RED"> Your attorney is correct. you did not follow current and proper uscis procedures when you obtained your permanent green card by joint petition</span>

    This is USCIS memo released 12/27/2004

    December 27, 2004
    NSC Flash #6-2005
    The Effect of Separation/Divorce on Pending I-751 Petitions to
    Remove the Conditions on Residence
    The effect of separation and/or divorce on the filing and adjudication of I-751 petitions is
    described below according to the various scenarios that exist.
    " "
    "
    If the petitioner and beneficiary are divorced at the time the I-751 should be filed, the
    beneficiary should file the I-751 (only s/he needs to sign) and mark "d" in Part 2.

    If the petitioner and beneficiary filed an I-751 petition jointly but
    ‰ separate before a decision is made on the I-751, the beneficiary should notify the NSC
    that s/he is currently separated by sending a letter to PO Box 82521, Lincoln, NE 68501-
    2521. The case will then be relocated to the local district office for an interview.

    ‰ get divorced while the petition is pending, the beneficiary should file a new I-751 petition
    with fee (only s/he needs to sign), marking "d" in Part 2. The beneficiary should also
    request that the Service withdraw the first petition.
    If the petitioner and beneficiary are separated at the time the I-751 should be filed, the
    beneficiary should file the I-751 and mark "d" in Part 2. The NSC will relocate the case to the
    local office for an interview.

    ‰ If the petitioner and beneficiary are separated at the time the I-751 should be filed and
    the beneficiary files an I-751 as instructed above but the divorce becomes final while the
    I-751 is still pending, the beneficiary should file a new I-751 petition with fee (only s/he
    needs to sign), marking "d" in Part 2. The beneficiary should also request that the
    Service withdraw the first petition.
    Petitioner and beneficiaries are reminded that required supporting documentation must
    accompany any petition.



    <span class="ev_code_RED">This is the portion relative to your situation:</span>

    If the petitioner and beneficiary filed an I-751 petition jointly but
    ‰ separate before a decision is made on the I-751, the beneficiary should notify the NSC
    that s/he is currently separated by sending a letter to PO Box 82521, Lincoln, NE 68501-
    2521. The case will then be relocated to the local district office for an interview.



    Prior to the a above memo.. Lawyers would argue the point that seperation had no merit and would win b/c that marriage was not dissolved. but the memo changed that. Unfortunately, many lawyers do not keep up with the latest memos and INS statutes. This is why you have to wisely choose your immigration attorney.


    .. this will probably become an issue when application is made for citizenship.. it will come out that you did not follow the proper procedure/file proper waiver to obtain permanent green card.. uscis could revoke it/ initiate removal proceedings. it has happened before.



    When did you seperate in the timeline provided?

  8. #8
    Hi, all: I have a question which related to divorce and I-751 waiver.
    In my case, since the name check takes such a long time as everyone knows, I got my conditional greencard 2 years after the fist interview.
    right now our marriage goes nowhere, both of us decide to end it.
    My question is: my conditional green card only approved one month ago even though our marriage has already last more than two years, and we dated for six years, but I don't keep any receipts for the flowers, dinners..., who knows I need them later I heard the chances to get I-751 waiver for good faith is 0% if less than 3 months, I am not sure the 3 months indicates which period, marriage or conditional residency?
    another question: if we decide to divorce, who should file it first, me or him. shall we seperate first, is it required by NYC law??
    third question: since we did not expect this happening, we didn't collect much evidence for this purpose, we just start to work on this after we read the instructions on my conditional residency card. is it required to get all evidences from the begining of our marriage?
    forth question: Can my husband write a affidavid letter to prove that our marriage was based on good-faith? Is it necessary? or it is totally ridiculous?
    Thanks in advance.
    jnethi

  9. #9
    I created a new thread for my questions. I guess my situation is different from Kool-dude's
    jnethi

  10. #10
    It's always best to start your own thread, Jnethi. Good for you!

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