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I-751 Removal of condition

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  • #16
    If anyone could give me a SERIOUS advice I would appreciate very much. Thank you in advance. Please, feel free to ask questions that would help you to help me.

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    • #17
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">If anyone could give me a SERIOUS advice I would appreciate very much. Thank you in advance. Please, feel free to ask questions that would help you to help me. </div></BLOCKQUOTE>

      Only an atty. can give out SERIOUS advice, since as you can see, everyone here plays jokes on each other.

      I do have a question though. Are you hot, single and sexxy? Where are you originally from?

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      • #18
        Barb,
        ignore all the stupid comments and now listen to me,in order to give you correct advice and responds,you need to answer certain things.
        When did you get married and when did you get divorced? dates please...
        I assume you have your conditional greencard and have to soon file for removal of conditions?

        You have to sent the I751 marking the waiver part.

        Now, you have to show and proof,your marriage was entered in good faith.In order to proof that,you need to show proof of your relationship before the marriage..aka dating time,how long have you guys dated? when did you guys decided to get married? proof of all the dating period...
        Thats how you establish the marriega was entered in good faith in other words entered because of LOVE...
        then you need to proof and establish,that your marriage was real.Proof that you guys shared a live together as wife and husband.Took trips together? family pictures,vacataion pictures, pictures of you two together from the dating period throughout the marriage and everyhting in between.Shared same credit cards. Insurance stuff.Life Insurance,Car Insurance etc etc...Birthday cards, X Mas cards giving to eachother or what you guys received from friends.

        The MOST important thing affadavits from your ex's family members and some friends that swear and attest,that your marriage was real and entered in good faith.Thats really important.
        If you can not get the affadavits,you are screwed.Believe that!

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        • #19
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by HBKHBK:
          The MOST important thing affadavits from your ex's family members and some friends that swear and attest,that your marriage was real and entered in good faith.Thats really important.
          If you can not get the affadavits,you are screwed.Believe that! </div></BLOCKQUOTE>

          Sorry, HBKHBK, but this is hogwash! Presuming that barbieb's attorney is a competent immigration specialist, only he or she can know the possible outcome of her case, based upon the information she has provided the attorney. However, while the affidavits are helpful, by no means should any alien believe that absent affidavits he or she would be "screwed", as you put it. The affidavits are only one element of the supporting documentation that can be submitted with a case.

          As I can see barbieb married sometime in 2004, meaning that there is a good chance that the conditional green card was awarded sometime in 2005. Now there's no guarantee of that, and no particular date offered by barbieb, mind you, but chances are that she has had a conditional green card for some time now, since she is asking about filing an I751, right now.

          Further, we have to consider that the evidence provided of the bona fide nature of the marriage at the AOS stage was sufficient to overcome the requirements set forth by USCIS that the marriage to the USC was viable at that time. Therefore, without an allegation of fraud on the part of the USC petitioner, the alien must simply present evidence that the couple set out to co-mingle their social and financial lives after marriage. With a year or more of extra evidence (from 2005 to date) and no negative allegations in the file, I have no reason to believe that USCIS would automatically conclude the marriage to be invalid in terms of immigrant benefit.

          The extreme cruelty waiver of the joint filing requirement (for I751) is one of several options. Note that an alien can file a waiver on the basis of one or more of the several options available. Therefore, if barbieb is filing an extreme cruelty waiver, it does not prohibit her from filing a "good faith" waiver as well. Barbieb could file both.

          As for the reason she has chosen to file this waiver over others, it might be that the attorney feels the additional evidence (post-AOS) is not as strong as it needs to be. Or, alternatively, the attorney could feel that she should submit both waivers, as a precaution.

          I'd like to point out that verbal abuse, and the corresponding emotional abuse that goes hand-in-hand with verbal abuse is a sufficient basis for filing the extreme cruelty waiver. A call to 911 certainly establishes that there was disturbance in the relationship. In terms of success on that basis, I would imagine that barbieb's attorney would wish to demonstrate that the alien suffered emotional consequences, as a result of the turmoil in the marriage, to the degree that it was not healthy for her to remain. This can be achieved in any number of ways, i.e. affidavits from counselors, neighbours, police personnel, friends, even the language in a divorce decree can be used as evidence.

          Unless I have misunderstood what has been posted, I'd caution barbieb to ask her attorney the reason he or she is not recommending that she submit a waiver on the "good faith marriage" basis AS WELL, if the attorney has not put forth that suggestion at this time.
          The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

          Comment


          • #20
            Sappy, you said that Barb could of filed under more than 1 waiver. Could she? I was specifically told to choose only 1 waier, and notified by the INS officers (on the phone and via INFORPASS) that if I mark more than one, the petition wouldn't be accepted or, in the worst case scenario, denied outright.

            I was further explained that the officers processing I-751's are NOT trained in handling/understanding the abuse related to emotional/mental health. That results in a lot of denials and doubles the immigration load, as it leads to motions and re-filing of other forms (like I-360).

            That's why you don't have as many chances prooving your case when you file the cruelty waiver on I751. I751 adjudicators don't want to see such files.

            On another hand, the VAWA officers (they have only about 15 of them) in Vermont are SPECIFICALLY trained to understand the degree of all the types of abuse the victims are exposed to.

            They pay a lot of attention to your declaration (that's why it's better to write your own and not let the paralegal cut and paste it) and records/proof you can show. That's why it makes more sense to address the issue through VAWA (form I-360).

            With the 911 call - you can request the record to be released and submit it as the evidence. Police does like to "convert" the domestic violence cases into a "verbal argument" if the victim is an immigrant. They have no idea how to differentiate between the scared and angry victim.

            Vawa officers can read between the lines and sure can hear the tape. And they absolutely know how police can be unhelpful. That's why new laws went into effect to educate police officers on that issue and hold them responsible for their actions or lack of actions.
            It's just my opinion. NOT a leagl advice.

            Comment


            • #21
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by QT:
              Sappy, you said that Barb could of filed under more than 1 waiver. Could she? I was specifically told to choose only 1 waier, and notified by the INS officers (on the phone and via INFORPASS) that if I mark more than one, the petition wouldn't be accepted or, in the worst case scenario, denied outright.

              I was further explained that the officers processing I-751's are NOT trained in handling/understanding the abuse related to emotional/mental health. That results in a lot of denials and doubles the immigration load, as it leads to motions and re-filing of other forms (like I-360).

              That's why you don't have as many chances prooving your case when you file the cruelty waiver on I751. I751 adjudicators don't want to see such files.

              On another hand, the VAWA officers (they have only about 15 of them) in Vermont are SPECIFICALLY trained to understand the degree of all the types of abuse the victims are exposed to.

              They pay a lot of attention to your declaration (that's why it's better to write your own and not let the paralegal cut and paste it) and records/proof you can show. That's why it makes more sense to address the issue through VAWA (form I-360).

              With the 911 call - you can request the record to be released and submit it as the evidence. Police does like to "convert" the domestic violence cases into a "verbal argument" if the victim is an immigrant. They have no idea how to differentiate between the scared and angry victim.

              Vawa officers can read between the lines and sure can hear the tape. And they absolutely know how police can be unhelpful. That's why new laws went into effect to educate police officers on that issue and hold them responsible for their actions or lack of actions. </div></BLOCKQUOTE>

              My understanding is that the grounds are not exclusive and the waiver may be based on one or more of the statutory grounds. The alien may seek a waiver on all grounds that apply.
              The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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