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Thread: I-751/Divorce Question

  1. #1

  2. #2

  3. #3

  4. #4
    Hi

    Sorry to hear of your situation. First.. please tell us what service center your 751 is at. ok

    2nd. after you tell us that. then do a search of topics on the board for "divorce" 751. Please do a little reading so that when we further advise you .. you will understand what u may be up against.

    Tell me that serv. center first .. then go read

  5. #5

  6. #6
    assap6:

    I am sorry to hear your situation, I understand you and you do not know how much!...please let us know which one is your service center, and in which State do you reside to check the divorce requirements.

  7. #7
    You still have at least 9 months of wait...since NEBRASKA SERVICE CENTER IS DOING I-751'S from DECEMBER 2002...

    NOW I AM GOING TO COPY SOME OF MY RESPONSES TO OTHERS WITH THE SAME CONCERN:

    "You should check the zillion posts I have made in this issue, specially my responses to Wish, and also check posts by ARQU.

    I have the same issue, more complicated though, because my wife already filed for divorce and most likely will be granted before interview or approval notice on my I-751. I also have 6 months to go with VSC for the processing of I-751.

    If your wife does not go the interview with you because you already divorced or separated but in bad terms your JOINT I-751 WILL BE DENIED, THERE IS NOT IF AND BUTS IN THIS SITUATION, USCIS ADJUDICATOR MUST FOLLOW THE LAW WHICH STATES THAT IF ANY OF THE PARTIES [EITHER USC SPOUSE OR ALIEN] FAILS TO APPEAR TO INTERVIEW THEN I-751 IS DENIED AND CONDITIONAL STATUS IS TERMINATED AND YOU WOULD BE PUT IN REMOVAL PROCEEDINGS.

    IF A DIVORCE IS FINAL THEN YOU COULD AMMEND YOUR PREVIOUS JOINT I-751 FILED AT THE INTERVIEW BY BRINGING ANOTHER I-751 WITH YOU TO THE INTERVIEW WITH THE 'MARRIAGE IN GOOD FAITH BUT ENDED THROUGH DIVORCE' WAIVER CHECKED. HOWEVER, IT IS MORE ADVISABLE TO FILE THIS WAIVER BEFORE THE INTERVIEW BECAUSE LATELY SOME DISTRICT OFFICES ARE NOT ALLOWING TO AMMEND I-751 AT THE INTERVIEW [SINCE THIS WAS A COURTESY FROM THEIR PART]SO AS SOON AS YOU GET DIVORCE DECREE YOU MUST FILE WAIVER I-751.

    You might have also think, as I once thought, maybe you get divorce and get approved without interview, BUT YOU WILL EVENTUALLY LOSE YOUR GREEN CARD WHEN YOU FILE FOR NATURALIZATION OR ANY OTHER IMMIGRATION PETITION BECAUS YOU WILL HAVE TO SUBMIT YOUR DIVORCE DECREE AND THEY WILL SEE THAT YOU GOT APPROVAL AFTER DIVORCE THEREFORE YOUR GREEN CARD WILL BE REVOKED, AND THIS HAS ALREADY HAPPENED."

    " want to tell you that even if your wife files for divorce there are ways to delay it, either by raising technical stuff of the action itself, by filing motions, etc...

    However, the problem is that if you are called for an interview and you don't have divorce decree is a BIG problem, you should also know that you can also delay interview by calling 1-800 and give them a excuse such as you/your wife are sick, or will be out of the country, etc etc, this could give around 6 more months [although I haven't confirmed this] to rush the divorce if it hasn't happen yet, if you still do not have divorce decree to show at the interview, then at least show up with a proof the a divorce proceeding is going on because maybe you get a nice adjudicator who might postpone interiview rather than terminate your conditional status and put you in removals. If the worse happen you could appear in front of Immigration Judge and ask for continuance to allow you to have divorce final in order to file another I-751 with your Service Center.

    It seems that USCIS handles the 'marriage terminated that was entered in good fiath' with DISCRETION, that means they could approve or deny you regardless of how much evidence you present. I have also read here from other members and in other websites that Immigration Judges have a different view of this situation than USCIS and some that were denied get approved, however other members have posted opinions that Immigration Judges are very tough to reverese a decision. However, you could always appeal to BOARD OF IMMIGRATION APPEALS in D.C., and also you could take a negative BIA decision to FEDERAL COURT, I think that personally that discretion they are using with this kind of waiver could be challenged the problem is the money to fight the case if adverse decisions are issued by USCIS etc...

    In regards to statistics, I have read different opinions here, some peole say that 50% get approved, other said 40% and others said 15-30%, so I do not know what the truth is and there is no way to find out about it, there is a lot of luck involved in this process too..."

  8. #8
    In regards to the DIVORCE LAWS in ALASKA I found this:

    "Statutory Reference to Alaska Statutes:

    Divorce: 25.24.010 et seq., 25.24.200

    Alimony 25.24.160

    Property Distribution: 25.24.160

    Custody: 25.24.150

    Child Support: Rule 90.3, Rules of Civil Procedure

    http://www.legis.state.ak.us/cgi-bin...a.dll/stattx98



    Residence:

    No period of residence required. After filing of complaint, however, 30 must elapse before divorce action may be heard. Alaska R. Civ. Pro. 40(e).



    Grounds:

    A divorce may be granted for any of the following grounds:

    (1) failure to consummate the marriage at the time of the marriage and continuing at the commencement of the action;

    (2) adultery;

    (3) conviction of a felony;

    (4) willful desertion for a period of one year;

    (5) either: (A) cruel and inhuman treatment calculated to impair health or endanger life; (B) personal indignities rendering life burdensome; or (C) incompatibility of temperament;

    (6) habitual gross drunkenness contracted since marriage and continuing for one year prior to the commencement of the action;

    (7) [Repealed, Sec. 68 ch 127 SLA 1974];

    (8) incurable mental illness when the spouse has been confined to an institution for a period of at least 18 months immediately preceding the commencement of the action; the status as to the support and maintenance of the mentally ill person is not altered in any way by the granting of the divorce;

    (9) addiction of either party, subsequent to the marriage, to the habitual use of opium, morphine, cocaine, or a similar drug.



    The spouses may jointly petition for dissolution of marriage on ground of incompatibility of temperament causing an irremediable breakdown of the marriage, so long as they have agreed to property distribution, support, custody, and visitation.



    Distribution of Property:

    Alaska's equitable distribution statute establishes a three-tier version of the dual classification model. Property acquired during the marriage, except for gifts and inheritance, is classified as marital property, and it is divided equitable upon divorce. Property acquired before the marriage is not marital property, but it can, nevertheless, be divided upon divorce if "the balancing of the equities between the parties requires it." Property acquired after the date of classification is separate property and may not be divided. Finally, when classifying property, Alaska follows the doctrine of "transmutation," finding that separate property used to support the marital estate "transmutes" into marital property.



    Alimony/Spousal Support:

    Temporary: The court may make allowance for the support of either spouse pending the divorce.



    Permanent: The court may provide for recovery by one party from the other of an amount of money for maintenance, for either a limited time or an indefinite time, in gross or in installments, as may be just and necessary without regard to fault.



    Child Custody/Visitation:

    The court shall determine custody in accordance with the best interests of the child, and may consider all relevant factors including: (1) the wishes of the child's parent or parents; (2) the wishes of the child; (3) the relationship between each parent and the child, and any other person who interacts with the child; (4) the child's adjustment to home, school, community; (5) the mental and physical health of all individuals involved; (6) which parent will foster a positive parent-child relationship between the child and the other parent; (7) who was the primary caretaker; (8) the nature and extent of coercion, if any, by a parent in obtaining an agreement regarding custody; (9) whether either parent has complied with an order to attend domestic relations education.

    Evidence of domestic violence may be considered contrary to the best interest of the child.

    There is no presumption in favor of sole custody or joint custody. Joint custody may be ordered if both parents agree and submit a written parenting plan and such joint custody is in the child's best interest.



    Child Support:

    Child Support Guidelines at Rule 90.3, Alaska Rules of Civil Procedure.

    Based on Flat Percentage of Income model. Support terminates at age 18, or 19 of child is enrolled in high school or the equivalent and is residing with custodial parent. Court may not require either parent to pay for post-majority college tuition. "

  9. #9
    Hi assap6

    Sorry to hear about that... I would like to recommend you that u do little search on this website specially posts of these ID ... Aguila, ARQU, Swissnut, JohnDoe ... u can read JohnDoe's recent posts too like in past 1 months... all issues are revised in those posts related to I 751 ...

    Wish u all the best...Pasha

  10. #10
    Michael
    Guest
    Don't listen to these morons. Your I-751 will likely be approved without an interview since she signed it so relax and chill out. The kid is absolute bonafide proof of a marriage. Once you get the conditions removed you can throw the kid in the trash and no one will care. Keep your mouth shut and don't go telling immigrtation about a seperation or a divorce. That's asking for trouble. Immigration does not care that you are seperated. Tell your wife OK with the divorce but ask for a one year seperation agreement. Don't piss her off in anyway. This way you will still be married when they adjudicate your I-751. It is unlikely you will be called for an interview. If in the unlikely event you are called fo one, show up with the kid and your wife along. Pay her some cash if you have to or dangle the kid off a building if you think that will shake her. She sounds like a monster if you are telling the truth, but being a Russian I know you are probably lying. I don't know what the hell an internet affair is. You mean she was having cyber *** or banging some guys she was meeting on the internet ? You have the kid so that proves the bonafides. She signed the I-751 so you won't be called. It sounds like she just wants out and won't cause you any trouble in most cases. Just don't ask her back or annoy her and don't p i s s her off and you'll be fine. They do not give the status of I-751 on line so don't waste your time checking it. It can take 18 monthsuntil they adjudicate it. Even if they tell you to leave, they won't do anything. Hey, in Russia, they will give you a free house if you are married, have two kids and don't become an alcoholic. Also the age of consent in Russia is 14. That's a pretty good deal. I am thinking of doing it.

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