i 751 denial, need guidance please

[HBKHBK]

I agree and disagree,
by the time he sent the application,they were married and things were normal...between the time of sending the application and waiting over hald a year for an interview,she left him.

So what the in laws wrote was actually normal and accurate,no one can for-see the future.

Imagine signing both papers...few weeks later the US citizen wife catches the spouse cheating,and she wants a divorce...and prior the cheating everyhting was great.
So its no biggie...

As long as they are saying the truth,its alright.The IN LAWS are telling the truth either way - yes they were married yadi ya,yes in was real,yes they maried because of love etc...

People should realize by the time both couple sent the application and by the time there is an interview...things,alot of things can happen.

[templar]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by HBKHBK:
People should realize by the time both couple sent the application and by the time there is an interview...things,alot of things can happen. </div></BLOCKQUOTE>
This is USCIS we are talking about. In-laws say the marriage is going fine and dandy, and right after the application is filed, BAM...you are separated and spouse doesn't even show up for interview. You can rationalize anyway you want in your favor, but any half-smart officer will have a question mark all over.

Moreover, OP wrote in his original post - "i started having problems with my wife to the point i had to move out after 2 yrs. at time of applying to remove conditions, she did signed the joint petition"
It sure sounds like they got separated soon after filing the I-751.

[sappyconifer]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by dadehar2003:
i came to us on k1 and then got conditional gc, but i started having problems with my wife to the point i had to move out after 2 yrs. at time of applying to remove conditions, she did signed the joint petition and i was called for interview, but my refused to come. so i hired a lawyer and wasted lots of money to take him with me on interview, but the officer denied the petition without even hearing us and as i m not currently divorced, told me to file waiver after getting a divorce and gave 4 months time for that. my lawyer wants to file pettion based on battered spouse clause becuse i did have extreme mental trauma becuse he thinks, waiting for divorce decree can be dangerous because it may take more than 4 months and he told me we can always use the good faith marriage resulting in divorce clause once we get it.my question is wat are the chances of battered spouse waiver and will not it have an impact on divorce clause if we need to apply that too because at one time, we can just use one consition or can ni use both at same time. i m confused and very tense, should i wait for divorce and then apply cos my amrriage was bonafide and ve proofs or should i as per lawyer go ahaead apply battered spouse and i know its very difficult to prove battered spouse as i had mental truma, no police reports, etc. wat should i do and wat are my chances. any help will be appreciated </div></BLOCKQUOTE>

You can file a waiver on any and all applicable grounds. You do not have to file on one ground alone. However, without a divorce decree you CAN'T file a waiver on the basis that the marriage was legitimate but ended in divorce, because the divorce is not yet finalise, but could file a battered spouse waiver. If you don't understand the direction your attorney is recommending, consult another for a second opinion.

[dadehar2003]

thanks guys

[dadehar2003]

but hbk, how to get a good immigration lawyer, i already got a bad deal one time and do the lawyer charging double money can grant u divorce really quick or they r just bluffing cos now i ve made up my mind on filing on divorce ground only, not on battered spouse cos ven the immigration officer suggested the same as battered spouse is difficult to prove

[HBKHBK]

Dadehar,
don't listen to battered spouse stuff and reasons.Never claim something that never happened to you,nor should u claim something u can not prove.
For battered spouse,u have to solid proof.
Nevermind that...

What state and city are you from? and we can see as far immigration attorney goes

[dadehar2003]

i m in east meadow, ny

[myumyu]

[QUOTE]Originally posted by dadehar2003:
regarding lawyer demanding double money, thats for the divorce in 1 month time, otherwise it normally takes 4 months,

Is this possible??

[dadehar2003]

ya is that possible

[myumyu]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by dadehar2003:
ya is that possible </div></BLOCKQUOTE>

Usually it takes 6 months after submit divorce application to the court. Then, it will take another 1 or 2 months to get finalized. Usually the fee is around $400. So, if you pay more, the court can finalize your case in 1 month?? Or your lawyer will submit the document to the court to explain your case, which may shorten the time?

[dadehar2003]

no actually he told me it takes 4 months in md. fees for that is 800, if i pay 1500, he can do it in 1500, i f i pay 2000, then 1 month and i dont ve time , they gave me 4 months to really with divorce

[myumyu]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by dadehar2003:
no actually he told me it takes 4 months in md. fees for that is 800, if i pay 1500, he can do it in 1500, i f i pay 2000, then 1 month and i dont ve time , they gave me 4 months to really with divorce </div></BLOCKQUOTE>

If your lawyer can do it with $2000, I think it is very reasonable. My friend paid $2500 to their lawyer for the normal process here.

[Aguila]

Dadejar:

Run a few searches with my nickname in this discussion board and you will find all the answers you need if you read them carefully.

I am now a USC (and a law student) and I was in a very similar situation as yours. I researched the I-751/divorce/waiver for two years and I had my I-751 waiver peition approved without interview. There is a lot of wrong advice in this post. You don't need to spend more money with attorney fees, also you should be writing a letter to your current attorney demanding the $2,500 back or else you should report him to your state's bar association. He was very negligent in allowing you to show-up for a joint I-751 interview with no preparation based on the status of your marriage. If AFTER reading all of my relevant posts, feel free to write me to aguila@britishexpats.com