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Thread: UMESH, ARQU, SAMMY who is the petitioner on a jointly filed I-751

  1. #1
    I have just read Augila's post...which states...
    "For I-751 petitions that are filed as joint petitions but after the filing the couple divorce or separate, the current policy at the Los Angeles District is that the beneficiary is not allowed to use the originally filed joint petition as a waiver (self-petition), the joint petition will be denied, and another I-751 petition will have to be filed with the CSC as a waiver (self-petition): What if the second (self-petition) I-751 is filed before the interview on the first (joint petition) I-751, can the DAO adjudicate the second I-751 at the time of the interview on the first I-751?

    Answer: The Service Center won't allow another filing if an I-751 is pending. Need a decision on the first before the second can be adjudicated. If attorney withdraws the first and files the second, this should be acceptable and excuse the late filing of the second petition-as the first was timely filed and can show filing of the first.

    The District doesn't know what petition will be in the file for interview. The first I-751 may be there. Maybe the District could try to put a Receipt number on the interview appointment notice. INS District will work a little more on this and report at one of our next meetings."

    I have a question...the benficiary is obviosuly the alien on a GC application, but in the case where the I-751 was jointly filed, can the beneficiary remove that petition alone, or does he or she require the joint petitioner to agree?

  2. #2
    I have just read Augila's post...which states...
    "For I-751 petitions that are filed as joint petitions but after the filing the couple divorce or separate, the current policy at the Los Angeles District is that the beneficiary is not allowed to use the originally filed joint petition as a waiver (self-petition), the joint petition will be denied, and another I-751 petition will have to be filed with the CSC as a waiver (self-petition): What if the second (self-petition) I-751 is filed before the interview on the first (joint petition) I-751, can the DAO adjudicate the second I-751 at the time of the interview on the first I-751?

    Answer: The Service Center won't allow another filing if an I-751 is pending. Need a decision on the first before the second can be adjudicated. If attorney withdraws the first and files the second, this should be acceptable and excuse the late filing of the second petition-as the first was timely filed and can show filing of the first.

    The District doesn't know what petition will be in the file for interview. The first I-751 may be there. Maybe the District could try to put a Receipt number on the interview appointment notice. INS District will work a little more on this and report at one of our next meetings."

    I have a question...the benficiary is obviosuly the alien on a GC application, but in the case where the I-751 was jointly filed, can the beneficiary remove that petition alone, or does he or she require the joint petitioner to agree?

  3. #3
    Guest
    In exceptional circumstances, the joint filing requirement can be waived and the alien approved based on their individual filing.

    Please read the I751 form carefully. It has the circumstances where joint filing is waived.

  4. #4
    Guest
    I forgot to add that all the alien needs to do is write a letter to BCIS withdrawing the jointly filed and replace with the individually filed one with accompanying evidence/explanation for the action.

    If BCIS is convinced, they will grant the alien PR.

  5. #5
    I spoke to an Immigration Officer today, and told him my situation that most likely I will be divorced before BCIS makes a decision on the current pending joint I-751.

    He told me that I should a send a letter to the Service Center (Vermont in my case) explaining the action and a copy of the divorce decree.

    He said that is all you have to do...I told him that some lawyers are advising to withdraw pending joint I-751 and file a new one under one of the waivers, he said that is not correct. That informing them about the dissolution of the matrimony is enough.

  6. #6
    Agila....of course I not doubting the information you received, but did the Immigration Officer explain to you how sending in divorce decree may affect the GC application in a positive or negative way?

  7. #7
    Guest
    Swiisnut thats a good question that I also feel Aguila should have asked.

    Tell us Aguila. If you did not ask this, you are not smart.

  8. #8
    Swissnut,

    This time I have to say thanks to you, see that's a very important and vital detail that I missed to ask, for his tone and the way he explain things to me, I assumed it would not impact negatively my petition to have the conditions removed, but with the BCIS we never should assume.

    Since tomorrow I will call because I did not write down the Immigration Officer Last Name, and I want to make a memo, so I am covered if in the future I might run into problems for not sending a new I-751, I am going to ask the same questions plus how this step will afect the outcome of the petition.
    I let you know tomorrow.

  9. #9
    I remebered he also stated that there must not be another I-751 filing because it would be late filing, so I mention that my lawyer told me that I should withdraw the pending I-751 and send a new one and justify the late filing based on the first one that was filed. He again repeated that there should not be another I-751 sent.
    Tommorrow I will hopefully speak to another Immigration Officer and hopefully will be consinstent to the answers I got today.

  10. #10
    Guest
    Aguila you are on the right track. We will wait to hear from you tomorrow.

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