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What sort of proof would be required to prevail on a waiver of the I751 based upon marriage?

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  • What sort of proof would be required to prevail on a waiver of the I751 based upon marriage?

    There are several cases where an alien married to a USC spouse can file an I751 without his/her spouse?

    What evidence would be required by the alien to prevail with such a waiver and receive a Green Card?

  • #2
    There are several cases where an alien married to a USC spouse can file an I751 without his/her spouse?

    What evidence would be required by the alien to prevail with such a waiver and receive a Green Card?


    • #3
      If you are going to keep posting useless posts for your husband situation you better leave this board.


      • #4
        Aguila and Just a Thought Of Mine:

        You know, I really don't know what your problem is with my questions. Let's face it, I have never professed to be informed on Imigration, and I don't offer Immigration advise, because I am not qualified to do so. If you guys don't realize that coming to terms with a most frightening thought of having been used and deceived by someone I loved more than you can imagine, is not a PROCESS, then I beleve that you CANNOT begin to comprehend LOVE. This has beena journey for me, and just because it has taken time for me to come to this point, should be a TESTAMENT to the commitment and Love I had for my spouse. Shame on you for criticizing.

        What on earth is wrong with asking these Immigration questions? Are they not useful for others on this board...and are they not always posted asking for guidelines set up by BCIS for people who find themselves in difficult situations, which are WITHIN (not outside) the law, immigration and otherwise?

        Furthermore, who determines if a question is viable or not? The answer is the viability of a question posted on this board is determined by those fellow posters who read them and want to contribute - Such a decision as to whether I should ask for Immigration information surely should not be made UNILATERALLY by you.

        My question still stands for anyone out there who is interested in giving information and guidance, not for those who wish to presume (erroneously, I might add) that I would not listen or follow it.


        • #5
          Just a Thought:

          Your opinion is noted, but totally incorrect. You have no idea whether I have tkaen steps, at all. If you also think this is a forum for Immigration concerns, where do you feel it appropriate to advise me on mental health issues?

          I don;t spend a lot of time on this board, so perhaps I missed the answers. Please direct me to the anwer of this question:

          What sort of proof would be required to prevail on a waiver of the I751 based upon marriage?


          • #6

            With all respect, I think that you need a big ...., you are totally obssesed with this situation and don't come with lies that you don't check this board often and so on, you know this is an immigration board and not a mental healh board, so please direct yourself your nearest psychologist.
            The evidence needed is on the I-751 itself, and also I have posted those evidences here a hundred times, the last time I posted on steel post!


            • #7
              Its the same old Song
              HOw do you keep the music playing
              ONE MORE TIME

              How many more tunes do we have listen to????

              Every one of your questions have been answered here in depth!! Not once, but many times, And to date you have done Nothing with the divorce or BCIS!! oh. and please dont answer me back with the violins and soap box about loving your husband and being used. WE KNOW!! We know this and we felt your pain. but now you are insulting the intelligence of this board by trying to re-ask the same questions that you were already given answers to previously.

              PLEASE DO US ALL A BIG FAVOR. ..Please make a personal visit to your local BCIS office to the fraud/criminal investigation unit and talk to an officer about your case and let them advise you what you should do, and what verbage you should use in correspondance relative to your situation. AFTER YO DO THAT....please come back to the board and let us know what they told you to do for others in your situation. And dont be scared to do this with them, becuase they will most likely not do anything until you give them written permission to pursue.

              Next thing.. file for the divorce. u r in a no fault state. the software for this is cheap. under $50. HE's Not COMING BACK.. not even in a dream!!!!!

              YOu will feel so much better once you **** and get off the pot. You sound like such a nice lady and we are rooting for you to heal NOw stop using that Calvin Klein perfume and get out there and do something


              • #8

                Ahh, yes, you did answer this question for Steel, and I had not noticed:

                You wrote, but I have questions alongside them, if you don't mind!!!!:
                Documents you should take include but are not limited to:

                COPIES OF:

                -LEASE UNDER BOTH NAMES - what if there is no lease - and house for period of marriage was in USC spouse name only?

                -UTILIY BILLS THAT CAME UNDER BOTH NAMES AND YOUR NAME TO PROVE THAT YOU LIVE AT YOUR ADDRESS WITH YOUR USC SPOUSE.- What if Utility bills were is USC spouse name only, paid by USC spouse only and Alien is not living with USC spouse?

                -ANY AIRLINE TICKETS OR HOTEL STAYS THAT HAVE BOTH OF YOUR NAMES AT ANY VACATION - What if there are no ariline tix or vacations taken with USC spouse during 2 yr period?



                -LIFE INSURANCE SHOWING USC SPOUSE AS BENEFICIARY IF APPLICABLE What if there was no life insurance with spouse listed or for alien?

                -CHILD FROM THE MARRIAGE BIRTH CERTIFICATES - no children either


                -PICTURES SPECIALLY THOSE AFTER YOU GOT YOUR CONDITIONAL GREEN CARD - what if there are no photos with USC spouse after marriage other than wedding pics?




                That is what I remember so far, but make you sure you get all this documents before you leave.


                • #9

                  All the items that I mentioned are not a requirement, but if your husband has them all most likely he would get his permanent green card.
                  In regards to the lease, if there is none, is just to prove that he live with you, he can prove that with any other documentation that show his address, such as bank statements etc.
                  LIFE/HEALTH INSURANCE help but they can deny you base that you did not have a bona fide marriage because you did not have policy.
                  It is very ease to get affidavits, I doubt that he won't be able to get them.
                  INCOME TAX you did not comment , so I guess he has them and this are THE MOST IMPORTANT!


                  • #10

                    In my husband's case I doubt that he could get affidavits from anyone who knew us at our marriage, other than his own family (who I think would not be consdiered as powerful as a stranger, since they are his relatives) as far as friends are concnerned, everyone who attended our marriage or knew us before we were married, now believes that he did not enter for the right reasons. Now he could ask his Mistress, I suppose, but we did not meet her until after we were married, and she too would not be a credible source.

                    Yes, we have 2 yrs tax returns, but I am considering filing an ammeded 2002 tax return because when he came back in January 2003, to supposedly repair our marriage,. he asked that we file togehr (another con up his sleeve). Well the truth is that I sould have filed thaT RETUIRN AS as Married but filing separately, since my husband did not cOntribute his earnings and he benefitted from a huge tax credit which belonged to me.

                    The part about proving he did live with me is the part which is of greatest concern. I. My husband moved out during the 2 yrs from the date he gained "conditional status"...and even now that he has an apartment, he still opened a bank account with his checks showing our home address long after he was already living in his own place. He still has his car registered (title) and auto insurance to our home address, long after he has been gone, he still has his driver's license in our home address, and I fear this is because he wants to show BCIS that he is still with me. This I don't think is right.


                    • #11

                      Since you did not ask the evidences, which are required for JOINTLY filed I-751, instead you have asked for the evidences that alien would need to prevail with WAIVER on I-751. So, I would say-it would depend on what kind of waiver is being filed by the alien, like battered spouse or others. Each waiver has its own evidences requirement. But, one fact is certain that alien must need to prove that s/he was married in good faith with USC spouse in addition to waiver evidences like divorce decree, or proof of battered situation, any other documents. So, I can not advise you what evidences an alien would need in order to prevail for waiver situation, because- I think you also don't know yet which one your husband would choose if he would go thru waiver situaiton, right?

                      In any situation, it is not your problem anymore once you will withdraw jointly filed I-751, so you should not waste your energy, time and efforts for him. Let him figure it out how he would be legal here. It would be his problem then to find out all those evidences, and not you. And, nobody would contact you ever, I meant BCIS won't contact you if your husband choose to file any waiver even battered-spouse one.

                      BCIS doesn't contact USC spouse to find out whether or not they have battered aliens, instead they will just verify the accuracy of documents and would grant them full residency under waiver provision even though it is not true. As you know people do fabricate those documents and USC spouse won't even know because BCIS never ask them. And your husband will do the same because he won't just give-up his dream so easily, and anyhow, he has no other choice except to make you worst person in the eyes of immigration in order to get green card. You will never get the opportunity to refute or to do anything because nobody will contact you to find out exactly what happened. And you can not even write to BCIS when you don't even know what is going on or if they won't ask anything from you. Moreover, you or your attorney can not even request his file from immigration without your husband's permission, so obviously you won't have any other way to find out what is going on, or what he is doing against you. The only opportunity you have is- right now before I-751 is adjudicated, after that you can not call or do anything against him unless you have solid proof of some kind of fraud. Hearsays can not be used. Good luck.


                      • #12
                        Swiss If you filed 2002 tax return as a joint return, you cannot go back and amend it to Married filing seperately. You can only amend from MFS to a married filing joint return. oops he did it again.


                        • #13
                          Naturally, I should have been more clear as I was asking about TWO DIFFERENT SCENARIOS:

                          !. was if I withdrew the I751 what is the type of evidence which would be required by BCIS to award the GC if my husband went for BONA FIDE marriage waiver. Bcz in my husband's case, he would not qualify for hardship, nor could he come up with battered spouse either, unless he fabricates all that he would need like police reports and such, There is no such evidence of battery or abuse. and I think it would be difficult for him to make that evidence up.

                          So my question was what kind of evidence would BCIS want to see in order for my husband to be successful for legit marriage waiver. Look, if he just goes in there and says I should get a waiver because I did love my wife, here I married her, here is where I lived, I was married to my wife, here are my tax retuns( joint) and here are some pictures from my wedding and a couple of letters addressed to him at our house, is that sufficient to show it was a legitimate marriage< Anyone can get that kind of evidence, even if it was fraud marriage. Now, I know there are things as mail order brides and such that pass money to marry, and never live with the USC spouse, and that is clearly fraud, but there are other types of marriage fraud too. Mine is one of those situations, and I wondered what BCIS would ask to see in order to determine if it was a real marriage. Those things Aguila listed are helpful, but they DONT RULE out a situation like in my case. My husband did some very peculiar things which brought me to understand that his intent from the beginning was not sincere. Would BCIS ask about that if I could show them the timing of his activities and how the day after the petition was signed he left?

                          Now, specifically, with regard to the assistance of an attorney, I think I addressed it already, but I was thinking of an attorney only if I filed report against him, left joint I751 in place and tried for the fraud issue. Then would it not be true that BCIS would look at the case and since the I751 was filed by me as well, wouldn't an attorney, representing my interests, be able to inquire as to the dispositon of the investigation?


                          • #14
                            SWISS WHAT PART of WITHDRAW I-751 not adjudicated do you not understand? The I-751 has not been adjudicated (approved) yet. Withdraw it to get yourself off the hook for the affidavit of support &file for nofault divorce to get this man out of your life. Forget the attorney, save the money. Like I told you 2 weeks ago.

                            Here is the recipe again.

                            Write up everything, timeframes, all evidence that you have implicating fraud and deception.
                            your phone number blah blah All current information about him . where he is living now , Alien # addresses, phone numbers. Mistress name and address everything you know about that relationship and how it broke up your marriage. How he tricked you into taking your money blah blah. Request to withdraw the joint I-751 and request sponsership withdrawn upon denial of I751 joint. (letter will suffice) Sign and notarize all letters. Also if you have a copy of the Notice of Action sent to him. be sure to enclose that with your correspondence.

                            Stir and Shake:
                            Physically take it to your local BCIS office crimes/investigations unit. Make 2 copies. Ask them to copy Nebraska SERvice Center. CYA and you also send Neb Ser Center the packet by express mail with signature, and note on the receipt what the content is. (YOu can check when it was signed and received on the internet by receipt.

                            Bake at N400 degrees:

                            Baking time depends. It may take 2 years to bake. maybe less. Be patient. In the meantime , dont hold your breath for them to contact you
                            And by all means do no think this is a priority for them. It IS NOT!! YOu may not hear anything for 1 year. But not to worry cuz you have covered all the bases for your end. When your divorce is final. Send them a copy of that also in case the appplication is not yet withdrawn by them.

                            NOw Read your last paragraph again.
                            "left joint I751 in place and tried for the fraud issue" This would be a dangerous manipulative case of Inquiring MInds Want to Know scenario. And guess what. you could be the very one getting screwed if you choose this path because there are no guarantees. The only guarantee you have is that you can withdraw the I751 and solve all of your dilemma. The clock is ticking... everyday you dont do something is a day closer for him that the I751 could get adjudicated.


                            • #15
                              SWISS > ONE MORE THING FOR YOUR OWN SAKE DO NOT BUG NAG OR BE PESISTANT LIKE YOU CAN BE WITH BCIS AFTER YOU FILE PAPERS the last thing you want is for whoever is handling your case to think that you are some kind of obsessive and nagging nut case. Just handle it in a professional manner by waiting to hear from them. just a thought

                              uh my phone's ringing.. sorry it was just my friends Pinky and the Brain. Pinky wanted to know what we were going to do tommorow Swiss


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