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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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  • #16
    Swissnut:

    I think it is very important for you to know that a person can arrange or fabricate all the documents which are required for battered spouse-waiver very easily WITHOUT THE KNOWLEDGE OF USC-SPOUSE. Even the police reports if it is only for documented purpose instead of pressing charge against you, courts order like restraining order withour your knowledge or without serving any court-paper to you, hospital records, psychological records, etc...So, there is not a single documents that your husband can not fabricate without your knowledge. I have seen so many cases in my life, wherein alien-spouses were the abuser in the marriage and USC-Spouses were the battered-one, and USC-Spouse even had restraining orders from court, police reports, hospital treatments because of physical and mental abuses caused by alien-spouses, but despite of opposite situation, alien-spouses were able to fabricate all these documents for the sake of green card without the knowledge of USC-spouses from another area than where they live. As you know if alien-spouses will find themselves without green card, they would do anything to preserve their immigration status, wrong or right. Nobody would just give-up so easily on green card. So, don't assume that your husband can not arrange or fabricate those documents without your knowledge. It might be impossible for you to think to have those documents without yr knowledge, but when he will go to any attorney for help, then crook attorneys would advise him this route for the sake of their fees on how to get green card so easily thru fabricating all these situations. It's happennig everyday in America.

    Second, as I already mentioned in the past on some other threads that there is no guarantee that I-751 would be approved under waiver provisions, instead it is very hard to get approval on waiver provisions because then INS would need to determine why they should grant permanent residency to an alien when an alien is no longer in marital relationship with USC-spouse, and as you know that alien-spouse got his/her conditional status because of marital stutus with USC-Spouse. I know it's sound very easy and simple that as long as alien-spouse can prove that s/he was entered in bonafide marriage with USC-spouse, then a condition would definately be removed. But, it is not that easy and simple, belive me, otherwise nobody needs to worry anything because they all would be able to remove condition without the help of USC-spouse, like get divorce from their USC-spouses and then file under waiver provisions. Instead, INS would scrutinze their situations on waiver-cases in order to find out who is in fault for fallen marriage, what kind of hardship an alien would face if s/he is deported and all other kind of scenarios, even though those were not written specifically anywhere in laws, but it is written in fine print of law, which is called: "Whatever situations would deem just to district director in order to determine the situation on alien". But, trust me it won't be that easy as most of the people think over here.

    As far as yr husband's case is concerned, he can get the whole record of his jointly filed I-751 from BCIS, and then he would have all the documents that he filed for the consideration of removing condition on his conditional status. That's all the documents he needs to prove the bonafidea of marriage under waiver provision. In addition, divorce decree, or proof that you battered him during the marriage that he can arrange very easily without your knowledge. Nobody would contact you to find out whether it is true or not.

    If your husband would be the one who would be under investigation, then only his attorney can follow up, and not your attorney. Your attorney can not follow on any investigation if you would not be the suspect in any fraud. Just because you are one of the signed party on I-751, it doesn't mean that you have the right to follow up on govt investigation. I believe you are thinking too many things and making your situation more complicated. All you need to do is-

    [1] Write to BCIS that you want to withdraw jointly filed I-751, and there was never a happily marriage from beginning because your husband forced you to file I-130 and to attend interview. Your husband and you are living apart for a long time, and there is no prospectus of reconcilation between both of you. If you do that, then it would be so hard for INS to believe on his submitted documents even though he would millions of documents to prove the bonafidea of marriage. They must then take his personal interview face to face.

    [2]Inform them that you were forced to sign joint I-751 under threat.

    [3] File for annulment under fraud ground that he married to you to gain solely immigration benefit, and in the alternate ask for divorce on the ground of mental cruelty since you in fact are being mentally disturbed because of what he has been doing to you so far. But, you need to document this mental abuse with hospital or psychologist so that you could have prove that you are indeed mentally disturbed. In addition, you may also ask divorce on adultery if you have some kind of solid proof and if ever able to get divorce on adultery ground then he would be subject to deportation under immigration law, but you need to have solid proof of him having I-N-T-E-R-C-O-U-R-S-E with another woman.

    That's all you need to do, and then move on with your life. Don't waste your time, money, efforts and energy for this guy, who is not worth at all. You can do better without him, I knew this. More you wait, more questions you ask, more information you dig, nowhere you will get, trust me. Can you able to spend couple of thousands dollors on attorneys just to follow-up investigation for you. You don't need to worry what would happen to your husband after you withdraw jointly filed I-751. As well, don't worry how he would be able to prove waiver application without you. It would be his problem, so let him deal with it. Don't worry that it is yr responsibilities just because you had filed I-130,or I-864, or I-751 jointly, because once you withdraw I-751, You will be out of the hook from all these filed applications, and BCIS won't even write or question you anything ever. You will be then at same place where you were in the beginning before filing any kind of immigration application for him. You will be out of the hook forever and will be clean handed for any kind of obligations or liablities. So, it is upto you whether you are serious or you just only need information. If you are serious and ready to move-on, then do something before it's too late. With due respect, I am your side, but if you would ask all those questions that won't do any good in yr case, it would be waste of time for you especially when you need to focus on yr real interests. Good luck to you.

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    • #17
      Swissnut; the alien can self-petition if she can conviencingly present the case
      or proof the frank nature of the initial marriage. The risk of being not adjusted and removed are high and more likely. At the very least there are going to be a lot of hurdles if fraud and in the case of fault marriage breakage such as adultery. Buttom line, yes it is possible but will take a long time if it isn't closed administratively! Good luck!

      [This message was edited by Kudris on October 15, 2003 at 02:07 AM.]

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      • #18
        .

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        • #19
          Sammy:

          Thank you.

          ou wrote "[3] File for annulment under fraud ground that he married to you to gain solely immigration benefit, and in the alternate ask for divorce on the ground of mental cruelty since you in fact are being mentally disturbed because of what he has been doing to you so far. But, you need to document this mental abuse with hospital or psychologist so that you could have prove that you are indeed mentally disturbed. In addition, you may also ask divorce on adultery if you have some kind of solid proof and if ever able to get divorce on adultery ground then he would be subject to deportation under immigration law, but you need to have solid proof of him having I-N-T-E-R-C-O-U-R-S-E with another woman.
          "
          I am in the care of psychologist and have been since October 2002...my state of depression and anxiety can be well document through my doctors.

          I am in a no fault state - so grounds will not be requested.

          Comment


          • #20
            Swissnut:

            I am fully aware of matrimonial laws of Michigan. Yes, you are correct that Michigan is a 'no fault' state for divorce, which means a person [plaintiff] doesn't need to prove or plead anything in order to get a divorce. Instead, s/he just needs to state that marriage has broken down, and there is possibilities to get back together with spouse. However, they still need to wait for 60 days to get the divorce after filing the divorce-complaint.

            Nevertheless, it is very important for you to know that even though Michigan is a 'no-fault' state for divorce, other grounds like 'Adultery' and 'Mental Cruelty' do play very important role when it comes to distribution of 'marital property' or 'spousal alimony'. That means-you still have an opportunity to include these claims if there are any issues of 'spousal alimony' and 'distribution of marital properties' are involved in your marriage.

            And then, when you will receive the divorce decree, it would contain all those other claims too in order to prove to BCIS that your husband did in fact abuse you mentally and that he was indeed involved in adultery, which is itself a ground for deportation.

            And, it is also very important for you to know that even though Michigan is a 'no-fault' state for divorce, you are allowed to file annulment under any ground of annulment if you think you can prove it. To get an annulment in your situation would be very hard because your marriage is very long, and it did consumated. But, you still have a shot for it under the ground that he married to you for the sole purpose of gaining immigration status, but you do need some kind of solid proof, otherwise judge will never annul the marriage.

            If you need to find any attorney either immigration or matrimonial one in your area or any where in the United States, you can visit -Martindale.com, to get the name and number of attorneys in any fields of laws. There are 800 matrimonial attorneys in your state.

            Before I go, I just want to express my opinion that you still have an opportunity to get out of the hook for the financial responsibilities for your husband thru withdrawing your Jointly filed I-751 and you can also write to BCIS that you believe your husband married you for green card only. That is. And, file for divorce and then move on. Time is the essence here, and I think you are wasting the time because it would be too late when you will be ready to do something to protect your interests. You don't need to find out or worry whether your husband would be deported or not, or whether or not he would prevail on waiver on I-751, or whether or not he would be able to get immigration status thru his mistress, or whether or not he would need to go back to his country to start all over, or what kind of documents would he need to file waiver application, any other concerns, because if you will not move on then it means you are still holding some feeling for him. You have to let it go. Choices are on you- Do you want to think about this problems all the time and let him to manipulate you indirect way, or have a new life with fresh start so you can be happy. Didn't you see where did you end up because of yr husband's acts, I meant you are seeing a psychologist because of your depression and anxiety problems, which are proximate cause of your husband's acts.

            The most important thing is here that you need to look out for your interests only now, which means you need to figure it out how you can get rid of your financial responsibilities towards yr husband as fast as. If you won't move fast to withdraw I-751, or if you won't write to BCIS about your marriage and hided-intention of yr hubby, you will be stuck with this problem for a very long time, whether you will like it or not. Right now, without paying any money on divorce case or immigration concerns, you can get rid of everything. The truth is yr husband took the advantage of your kindness and vulnerabilities. You need to stand-up for yourself. Let him go, and don't worry about him anymore. BCIS won't contact you OR you won't be responsible for anything for yr husband once jointly filed I-751 is withdrawn. I am not saying that you did not go thru rough time in yr marriage with yr husband, but then everyone goes thru some kind of problems or abuses in their marriages, little or more. I know it hurts, but we should learn to be move-on, otherwise only hurts and miseries would left. I hope you will understand it. I really tried to help you, and sincerly wish you good luck, since you are seemed a kind and nice lady. Take care.

            Comment


            • #21
              Sammy I gotta tell u that ur last response here to Swiss even though it is in a technical format, it is equally as eloquent and beautiful as the poem of hope that Julie offered Swiss.

              You have been kind, courteous and never lost your patience. Showing the rest of us myself included they we need to be more tolerant, sensitive and have patience. And because you handled things in a professional manner without negative emotion. look at all the useful information everyone received again.
              Sincerely Keep up the good work for everyone's sake on the board here.

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              • #22
                4now, Sammy DOES have such a way of helping people, doesn't he? Patience is NOT one of my virtues so I need to be reminded of all that you said too.

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