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I751 Interview 1 week away *new member*

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  • I751 Interview 1 week away *new member*

    Hello Everyone, I just recently discovered this forum, although I wish it was a lot sooner.
    Let me introduce myself and give you some background.
    I married a USC in August 2002.
    I gave up my job and left my family and friends behind in Scotland to be with him.
    He had already set up an apartment by the time I moved in, we had been dating and travelling back and forth between Scotland and the US for a few years before we got married.
    I moved in and we got married here in the US with only his family present.
    We did have a joint bank account, but we did not have any other joint accounts other than him being on my health and dental insurance at my job.
    Things went quickly down hill after we married and the marraige only lasted 7 months.
    I have held a good steady job since I got married, and have not got into trouble.
    I finally made my own life and my own friends and a year ago I re-married.
    He too is a USC. We have bought a home and have settled down for a wonderful life together.
    However, my initial application for residency was based under my 1st marraige. When my 1st husband and I split up, I sought out a lawyer who helped me collect paperwork to file an I751.
    I recently recieved my appointment for my interview, and am now very scared/worried that because most of the stuff from my prior marraige was under my ex-husbands name that I dont have enough evidence to prove that it was a legitimate marraige.
    I recently sent my appointment information to my lawyer but he hasnt been too forthcoming with advice or even whether he will be attending the interview with me.
    Can anyone offer me advice on what I should expect?
    Should I take any paperwork from my current marraige as evidence?
    I really am at a loss and have been unable to get advice from other resources on this, I dont want to lose my job/home/friends and family.

  • #2
    Hello Everyone, I just recently discovered this forum, although I wish it was a lot sooner.
    Let me introduce myself and give you some background.
    I married a USC in August 2002.
    I gave up my job and left my family and friends behind in Scotland to be with him.
    He had already set up an apartment by the time I moved in, we had been dating and travelling back and forth between Scotland and the US for a few years before we got married.
    I moved in and we got married here in the US with only his family present.
    We did have a joint bank account, but we did not have any other joint accounts other than him being on my health and dental insurance at my job.
    Things went quickly down hill after we married and the marraige only lasted 7 months.
    I have held a good steady job since I got married, and have not got into trouble.
    I finally made my own life and my own friends and a year ago I re-married.
    He too is a USC. We have bought a home and have settled down for a wonderful life together.
    However, my initial application for residency was based under my 1st marraige. When my 1st husband and I split up, I sought out a lawyer who helped me collect paperwork to file an I751.
    I recently recieved my appointment for my interview, and am now very scared/worried that because most of the stuff from my prior marraige was under my ex-husbands name that I dont have enough evidence to prove that it was a legitimate marraige.
    I recently sent my appointment information to my lawyer but he hasnt been too forthcoming with advice or even whether he will be attending the interview with me.
    Can anyone offer me advice on what I should expect?
    Should I take any paperwork from my current marraige as evidence?
    I really am at a loss and have been unable to get advice from other resources on this, I dont want to lose my job/home/friends and family.

    Comment


    • #3
      Sally, this is not the time to be scared. but to focus on your problem.

      If your lawyer is not forthcoming, find another lawyer ASAP.

      Put all of your information together, the best you can.

      Also, I would suggest that you go to the interview with your new hubby. Additionaly, if you have a child together with the new huby, bring the child as well. But do not use the child to justify why you need to stay here since that might be seen as unethical. Just take the child with you and lets the officer see him/her. That might play in your favor.
      Good luck.

      Comment


      • #4
        Sally,

        You need to produce at the interview documentation regarding to your first marriage *ONLY*. Please disregard cisse's advice (with all due respect) about taking your current husband or cildren to this interview. They do not play any role since this adjudication is merely based on the facts of your first marriage. Please come back to share with us your interview experience.

        Comment


        • #5
          I agree with both cisse and aguila. Despite the fact that you have the interview for the first marriage, you should have file something with the second marriage, at least a I-130. But the fact that you are married to a second USC, will give you a certain sort of hardship waiver.
          The best thing would have to supplement the I-751 with the new marriage.

          Good Luck

          Comment


          • #6
            Thank you for your informative responses.
            I am going to take as much evidence as I can with me, despite the lack of problem that I have.
            I have mailings and such that were sent back and forth and I also have evidence to support why I did not feel safe returning to the marraige.

            As for the petition itself, I was under the impression that my Lawyer had filed a waiver to excuse my ex-husband being present at the interview and with the reasoning behind it, I thought that initially this hearing would be for them to decide whether they will waive his presence at the real I751 interview.

            Now Im just all confused.

            I also have another group advising me to prepare for deportation, or to offer voluntery deportation. This has always been a huge worry for me, is it something I need to prepare for?

            Comment


            • #7
              Sally, lets me clarify here.
              My suggestion to take your second hubby to the interview is not for him to replace your old huby.

              He will just accompagn you with out any legal representation.
              It's like going to an interview with a friend or a cousin. But implicitely, it will have it own effect if the officer sees that you are there with another hubby. Because that way, they know that the second hubby could petition for you if you get denied. Of course, you should not involve the second hubby in filling out any form at the interview. he will just come as, say, the car driver.

              As for deportation, I doubt it. On the basis of the information you have provided here, if you are denied, I dont think they will deport you right the way. If you are denied, be ready to introduce a second AOS based on your second marriage the next business day. That will prevent you from any deportation hearing.

              I hope this helps.

              Comment


              • #8
                Thank you very much, I just called the National service center and asked a few questions.
                Im sure they were being a little vague but they helped out a bit.
                They informed me that the reciept I recieved shows that they accepted the petition to waiver my ex-husbands presence at the interview, which I think is a good sign.
                As for my Lawyer submitting all of the origionals to the INS for our origional application, I have a copy of the origional application and she has said that that should suffice.
                I will however be going through everything I have for additional evidence, i.e evidence to support that my ex-husband was the one who initiated the divorce etc.
                She also advised me to take along information to state show that I am currently in another marraige which I was planning on doing anyway.

                Thank You all for your support, lets hope Im around long enough to let you all know how it went.

                My husband is going to be there with me, particularly since my own lawyer doesnt appear to be too interested.
                He is also very frightened of losing me and I think he would give all of his limbs to keep me here.
                Thankfully our appointment is extremely early in the morning, so hopefully should we need to file another AOS we can pick up the paperwork and have it started that day.

                Also im hoping it is a good sign, but they have asked for me to bring along recent photographs similar to those on my Alien card.
                *fingers crossed*

                Comment


                • #9
                  Sally,

                  Go early and take the photo in front of the INS office. There usually is a photo service at each INS office. Since the have changed the photo type, I would advise that you take the one in front of the INS to avoid any surprise. If you do take somewhere else, it might not be the kind INS is looking for. The the officer might ask you to go out and take a new picture in front of the office. You will have 45mn to come back with the picture. Meanwhile, that gives more time to the officier to put his/her nose through your file and find a possible trouble. Dont give them that chance. Just go to the photo agency in front of the INS office, like an hour or 45mn before your interview and have your photo taken right there. That way, you know for sure you have the right type of photo. No discussion, no room for interpretation. Remeber, smoother your interview goes, more likely you are to get your GC.

                  Good luck.

                  Comment


                  • #10
                    Bringing your new husband to interview means nothing to your case (since it based on the first marriage). You must have a strong reason why you divorced and explanation to it. Go to USCIS official website, they have information for 'divorced' couple who will drop their conditional status. I don't think you have problems if you have enough evidence why you divorced. Better play safe. Read the link and do what they ask you to do.

                    Comment


                    • #11
                      Hi Sally...

                      go with whatever proof u have for previous marriage...ur new husband is not going to do any good...he might provide u moral support but he is as good as trash in interview...sorry abt that... didnt mean to hurt u at all...but I wish u all the best that u succeed...Pasha

                      And yeah...if in any case u get problem...file AOS with ur new hubby....my best wishes...u will be fine...Pasha

                      Comment


                      • #12
                        Sally,
                        You didn't provide all details to help people here to understand your situation like your divorce, was it final after you filed the I-751 or before? did you file the I-751 jointly with your ex husband or you filed based on a waiver? the law says that you have to inform the USCIS if you get divorce (and your divorce is final) before you receive the approval, even if you receive the approval AFTER your divorce is final you CANNOT apply for the citizenship and your GC is revoked. What you did (in the eye of the USCIS) is 100% fraud, especially if you tell them that your marriage was only 7 months.

                        The good news is I read about a guy who went through the same situation, he went to the interview with his NEW wife and kids while he filed based on his previous marriage, and got approved, that was in late 1990's.

                        The bad news is your possibility for your application to get denied is very high. Under all circumstances no body is going to deport you right away, you will need a GOOD lawyer who might start the adjustment of status all over again and at the end you'll adjust if you stay in your current marriage, it takes time and $$$.

                        Good luck

                        Comment


                        • #13
                          Wow Me2, it's good to see you on the board!

                          As far as pictures go, it's outlined in detail on the immi website what the requirements are for the pictures. I thought it was just straight forward passport photo's now?

                          Comment


                          • #14
                            Still Learning,

                            The photo thing can be complicated. They are looking for an adit photo. Trust me, before my interview, I tried to get one and some photographers were confused about it. So I decided to take it straight from the shop in front of INS. That was the only way I would know for sure I was taking the right pic. After all, that's what the do and they should be the best place to look at for it.

                            To be very safe, she can take a pic she thinks is right and then when she gets to the office and has time, she can take another one right there. If the shop is closed at INS, she still would be safe. But, I would better be ready logistically than sorry.

                            As a general rule, you should have everything on your finger tip. That makes the interview very easy.

                            Comment


                            • #15
                              Thank you everyone once again for your advice.
                              You have asked for some clarification in regards to how I filed.
                              As soon as my ex-husband filed for divorce I obtained an immigration lawyer.
                              As soon as the divorce was final, we sent all of the divorce paperwork to the Immigration office to let them know what had happened.
                              We then filed a petition to waiver my ex-husbands presence/support for the i-751 process.
                              When I spoke to the Immigration officer, she said that if it does not specify that my ex-husband should be present on my interview notice then that means that they have accepted the waiver and acknowledge that there are circumstances that prevent us from going through the interview process together.

                              Also I did not notice until last night that there as a p.s at the bottom of my interview notice advising me that although they have evidence of my 1st marraige they also want me to bring to the interview all relevant paperwork for the last 2 years, including tax,mortgage,lease agreements, bank statements and family photo's, all of which are with my new husband.

                              Comment

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