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Thread: I-751 Waiver ...

  1. #1
    I've been reading some of the other cases and their experience with the I-751 waiver. Briefly, here's my case ...

    Met girl in '98 ... married her in '05 ... settled in, then due to various issues, we divorced in Dec '08. No abuse, the relationship just evaporated despite our years together.

    Now I've filed the I-751 waiver and have bank accounts, house deeds, photographs, and letters from common friends who vouch for the marriage and that it was bona fide.

    My lawyer says that there's almost a 100% chance that my case will be picked up for an interview.

    How does this work? I've had my GC for 2 years, and never got around to removing the condition before we decided to divorce.

    Thanks,
    Z

  2. #2
    I've been reading some of the other cases and their experience with the I-751 waiver. Briefly, here's my case ...

    Met girl in '98 ... married her in '05 ... settled in, then due to various issues, we divorced in Dec '08. No abuse, the relationship just evaporated despite our years together.

    Now I've filed the I-751 waiver and have bank accounts, house deeds, photographs, and letters from common friends who vouch for the marriage and that it was bona fide.

    My lawyer says that there's almost a 100% chance that my case will be picked up for an interview.

    How does this work? I've had my GC for 2 years, and never got around to removing the condition before we decided to divorce.

    Thanks,
    Z

  3. #3
    Hi Zantosh and welcome,

    I hope you haven't waited too late to file your form. Please read below. Good luck to you.

    From: http://www.uscis.gov/files/form/I-751instr.pdf

    When Should I File Form I-751?

    2. Filing with a request that the joint filing requirement be waived. You may file this petition at any time after you are granted conditional resident status and before you are removed.

    3. Effect of not filing. If this petition is not filed, you will automatically lose your permanent resident status as of the second anniversary of the date on which you were granted conditional status.

  4. #4
    Well, I had asked my lawyer about this prior to the expiration of the green card. He told me that if I were to file the form jointly, and then divorce, then it would be seen as fraud and I would have to deport myself. Since, at the time of the expiration of the green card, my wife and I had already filed for divorce, my lawyer said that we should get properly divorced and then file the waiver.

    This lawyer comes with a reputation so I don't have much of a choice but to trust him. Other immigration lawyers I've spoken to didn't seem to know as much about these cases as I thought they should.

  5. #5
    How convenient the problems and issues started just as the expiration of conditional GC approached. Don't worry it is proven fact that is the way it happens. The clock automatically kicks in 6-months prior to expiration. Mind boggles people think Americans are stupid.

    GET OUT YOU FRAUD.
    If Democrats Had Any Brains, They'd Be Republicans

    Democrats - Brave enough to KILL our unborn, just NOT our ENEMIES!

  6. #6
    I didn't see anything on that website that discussed exceptions, but hopefully there will be some in your case. USCIS makes it nearly impossible for people to get through the immigration process with any sanity left. I hope things go good for you.

  7. #7
    No it says so even in the document that you had attached. It says:

    If your failure to file was through no fault of your own, you may file your petition late with a written explanation and request that USCIS excuse the late filing. Failure to file before the expiration date may be excused if you demonstrate when you submit the application that the delay was due to extraordinary circumstances beyond your control and that the length of the delay was reasonable.

    In my case, the length of the delay was from October 08 to Jan 09, which is about 3 months or less.

  8. #8
    I think this gentleman has some problem with the immigration laws. Well, rest assured, the law works fine for the vast majority of the cases. If you feel so strongly about such matters, you should lobby in congress rather than rant on a board like this.

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by a9b3h5:
    How convenient the problems and issues started just as the expiration of conditional GC approached. Don't worry it is proven fact that is the way it happens. The clock automatically kicks in 6-months prior to expiration. Mind boggles people think Americans are stupid.

    GET OUT YOU FRAUD. </div></BLOCKQUOTE>

  9. #9
    I didn't read close enough - sorry. Sounds like you should be okay.

  10. #10
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Zantosh:
    I think this gentleman has some problem with the immigration laws. Well, rest assured, the law works fine for the vast majority of the cases. If you feel so strongly about such matters, you should lobby in congress rather than rant on a board like this.

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by a9b3h5:
    How convenient the problems and issues started just as the expiration of conditional GC approached. Don't worry it is proven fact that is the way it happens. The clock automatically kicks in 6-months prior to expiration. Mind boggles people think Americans are stupid.

    GET OUT YOU FRAUD. </div></BLOCKQUOTE> </div></BLOCKQUOTE>


    Busted MF. This is a fake posting. How did you know I am a man and not a woman? Only regular knows here. Come out of hiding.
    If Democrats Had Any Brains, They'd Be Republicans

    Democrats - Brave enough to KILL our unborn, just NOT our ENEMIES!

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