1-751

[kotton]

My husband and i signed his 1-751 on May 31,06
Met at the lawers office and signed for div the same day. He got a letter of approvel on June 6,
and the divorce was filed and final on June 10,2006. He said we sould not have any problem because when he filed and sent the I-751 form we were still married and he did not need a waiver. Today he recieved another letter stateing permanent status approved and to make an appointment and bring the new passport photo
and register for new alien card form I-551. He is from Mexico and in now living in El Paso > Iam living in Nevada where he has to appear. THe question is will I have to go with him here in Nevada and is it true that it is ok that we are div now but not at the time I signed the form for him we had been separated for 6 months before the div.

[kotton]

My husband and i signed his 1-751 on May 31,06
Met at the lawers office and signed for div the same day. He got a letter of approvel on June 6,
and the divorce was filed and final on June 10,2006. He said we sould not have any problem because when he filed and sent the I-751 form we were still married and he did not need a waiver. Today he recieved another letter stateing permanent status approved and to make an appointment and bring the new passport photo
and register for new alien card form I-551. He is from Mexico and in now living in El Paso > Iam living in Nevada where he has to appear. THe question is will I have to go with him here in Nevada and is it true that it is ok that we are div now but not at the time I signed the form for him we had been separated for 6 months before the div.

[4now]

Hi Kotton

No you are out of the whole process now. You do not have to go anywhere. YOur husband got lucky, b/c there was not an interview on your joint 751 petition filed . It was approved withuot interview. approved on the 6th and filed divorce on the 10th.

[quote] He said we sould not have any problem because when he filed and sent the I-751 form we were still married and he did not need a waiver. [quote]


Your husband/lawyer is playing a slick technical game.. it all could blow up in his slickster face down the line when and if he applies for citizenship.These guys always think they are so smart. This is why USCIS had to come out with this memorandum to stop this c r a p.



This is USCIS memo released 12/27/2004

December 27, 2004
NSC Flash #6-2005
The Effect of Separation/Divorce on Pending I-751 Petitions to
Remove the Conditions on Residence
The effect of separation and/or divorce on the filing and adjudication of I-751 petitions is
described below according to the various scenarios that exist.
"¢ "¢
"¢
If the petitioner and beneficiary are divorced at the time the I-751 should be filed, the
beneficiary should file the I-751 (only s/he needs to sign) and mark "d" in Part 2.

If the petitioner and beneficiary filed an I-751 petition jointly but
‰ separate before a decision is made on the I-751, the beneficiary should notify the NSC
that s/he is currently separated by sending a letter to PO Box 82521, Lincoln, NE 68501-
2521. The case will then be relocated to the local district office for an interview.

‰ get divorced while the petition is pending, the beneficiary should file a new I-751 petition
with fee (only s/he needs to sign), marking "d" in Part 2. The beneficiary should also
request that the Service withdraw the first petition.
If the petitioner and beneficiary are separated at the time the I-751 should be filed, the
beneficiary should file the I-751 and mark "d" in Part 2. The NSC will relocate the case to the
local office for an interview.

‰ If the petitioner and beneficiary are separated at the time the I-751 should be filed and
the beneficiary files an I-751 as instructed above but the divorce becomes final while the
I-751 is still pending, the beneficiary should file a new I-751 petition with fee (only s/he
needs to sign), marking "d" in Part 2. The beneficiary should also request that the
Service withdraw the first petition.
Petitioner and beneficiaries are reminded that required supporting documentation must
accompany any petition.



This is the portion relative to your situation:

If the petitioner and beneficiary filed an I-751 petition jointly but
‰ separate before a decision is made on the I-751, the beneficiary should notify the NSC
that s/he is currently separated by sending a letter to PO Box 82521, Lincoln, NE 68501-
2521. The case will then be relocated to the local district office for an interview.



Prior to the a above memo.. Lawyers would argue the point that seperation had no merit and would win b/c that marriage was not dissolved. but the memo changed that. Unfortunately, many lawyers do not keep up with the latest memos and INS statutes. This is why you have to wisely choose your immigration attorney.

When did he file the divorce? If divorce was filed after the approval, then technically he is ok, unless the divorce petition indicates that you were seperated during the period that he was approved on joint 751.

As I pointed out to you.. this will probably become an issue if he applies for citizenship.. it will come out that he did not follow the proper procedure/file proper waiver to obtain permanent green card.. they could revoke it, and place him in removal proceedings. it has happened before.

[kotton]

He mailded off I-751 form on May31,2006
We signed for a agreeded divorce on May31,2006
Recived a letter that it would be up to 360 days and to keep the letter with him because his conditional card would expire in Aug16,2006
I recived a copy of the final divorce stamped that it was final on June10,2006
Recieved this letter about approval states date of disision 7/26/06 approved.
And in the divorce there is no mention of our separation . Just separation of property.
So if it was approved as the fial discision on 7/26/06 does that make a difference.

[4now]

Kotton

Are you expecting me to believe that you were granted a divorce in 10 days? Even at best some of the fastest quickest ones with paperwork such as Las Vegas, Florida take 20 to 30 days before all paperwork is completed. hmmm

Are you expecting me to believe that 751 was adjucicated on June 6th, 5 days after it was filed? Come on now.. Most people dont even get the receipt notice that fast. What I look like.. a hee haw?

Anyway.. I gave you the technical information. Wont take a rocket scientist to figure out from the court stamp on the divorce petition that it was filed on the same day as the 751. As I told you , it will all come to light if he ever applies for citizenship.

Not so slick after all, Just curious... did attorney advise him to do this.. or was this his brainy idea.?

[kotton]

Well this is Vegas, I had the divorce papers drawn up and ready for him to meet me at the lawers office on the 5/31/06.He signed the divorce joint petition and a quick deed to remove him from my house. I signed the
I-751 form. He was told by a lawer that this might work because like he said when he sent and filed it we where not divorced yet. It was an easy divorce and one I agreed in order to keep my house and my belongings without a fight and more cost to the lawers. So he signed what I wanted and I signed what he wanted. I got everthing back that was mine anywhy so it was a win win for me Not like some of the horror stories I have read that have been posted here where the ex gets haif of everything you worked for and still gets to stay because they file a wavier. So if he gets lucky Iam happy for him.
I dont blame anyone for my marrige mistake but myself Iam a big girl and would like to think it just did not work out for us.
And he did get a letter on 6/7/06
stating his card was extended for 1 year and that processing would take up to 330 days and he needed to carry this reciept with his paper work.
And like I said he got the next letter of removal of conditional basis had been approved. Was told where to go and what pictures he needed to for his new card and that after he filled out the new paperwork his new alien card would be sent to him within 6 months.Why everything was so fast I have no idea I guess we were lucky me the divorce him his approval. I would like to thank you for your help and comments and let you know I do expect you to believe me. And I am just asking questions so Iam and well imformed and hopefully he is smart enough to do the same. I hope I have not confused you with to much information. Kotton

[4now]

Hi Kotton

Thanks for the extra facts.. to clear up a few things .. hee haw

The notice he received on 6/6/06 was NOT an approval of the 751. It is standard receipt notice extending present card for up to 1 yr to allow adjudication on the petition that was filed.


as to the divorce:

Now since it is vegas.. It would have to be Vegas. I believe there is a quick divorce that can be completely processed in 8 days.. however most of them end up being like 20 days from many firms there. But that clears it 4 me.


Now the real HEE HAW is the Lawyer... but probably he was not an immigration lawyer..is that correct? No matter.. this was BAAAAD ADVice 4him Big time b/c:

The joint petition I-751 approval was probably around 7/25/2006

This is not good.. as you were officially divorced before petition was approved. Making it an invalid approval.

Advise him to go see an immigration lawyer who will probably tell him to make CIS aware and file a waiver for the approval. This way he will not have any problems when he applies for citenzship. If he never applies for citizenship, then it will not be an issue unless you would make them aware of it. But who in their right mind would not apply for citizenship when they become eligible


What He should have been advised: Get approval on 751 then had you sign divorce papers. Clean & no trail.

Encourage him to fix it, or face possibility of losing residence. permanently.

BEst wishes and hope you find new relationship
and new happiness soon.



Reference for husband to review. part 3 of 12/27/2004 memo applicable to case:

‰ If the petitioner and beneficiary are separated at the time the I-751 should be filed and
the beneficiary files an I-751 as instructed above but the divorce becomes final while the
I-751 is still pending, the beneficiary should file a new I-751 petition with fee (only s/he
needs to sign), marking "d" in Part 2. The beneficiary should also request that the
Service withdraw the first petition.
Petitioner and beneficiaries are reminded that required supporting documentation must
accompany any petition.

[kotton]

thanks for the info. Well I did tell him my lawer would not fiile div papers until I told her too . That is why he signed them he thought that I would tell her to wait and file until he got approval.He was wrong. When he found out I had her file the next day before he could change his mind about the proberty or divore he was mad . He did not know I had her file until he recieved a copy of the filed div in the mail. Maybe that was way he was upset But I told him it was not my problem. Said it went to another lawer told him not to worry about it. So like you said I guess its out of my hands whatever happens Iam sure he deserves. Thanks again. Kotton
PS sure my true love is out there looking for me, ha ha

[zulu06]

Great topic!!!
My Question:

got approved on I-751 -new status IR6 on May 16,2006.
Sepparated from USC wife on June 02,2006
Received divorce summons on Jul 09 stating the separation date was 06/02/2006.
Received new 10 yr GC August 28, 2006 - CRI89 approved on August 22, 2006.

Will any of these mentioned above in the USCIS memo affect me when I'm going to apply for citizenship? - sepparated aprox 2 weeks after I 751 approval but before CRI89 was approved and got the new plastic card

Thanks!
Zulu

[HBKHBK]

Your husband sent the I751 on May 31st and got his I 751 processed and approved 5 days later on June 5th ? ? ?
Anyone else notice that???
I am 110% sure he got not a approval notice,he got a receipt.

Otherwise,this would be the fastest process and approval in Immigration history lol

[HBKHBK]

this whole story is BULL...... I751 approved in less than 6 days...divorced within 10 days lol yadi ya...husbands from mexico on top of that.
WOW lol

[zulu06]

4now, can you help and advise on my case:

got approved on I-751 -new status IR6 on May 16,2006.
Sepparated from USC wife on June 02,2006
Received divorce summons on Jul 09 stating the separation date was 06/02/2006.
Received new 10 yr GC August 28, 2006 - CRI89 approved on August 22, 2006.

Will any of these mentioned above in the USCIS memo affect me when I'm going to apply for citizenship? - sepparated aprox 2 weeks after I 751 approval but before CRI89 was approved and got the new plastic card

Thanks!
Zulu

[Dave10998]

Hello,

I am in a similar situation. We seperated about 2 weeks after 751 approval but before the CRI89 approval.

However my passport was stamped as IR6 and 751 approved before our seperation. What exactly is CRI89 approval? Does it mean anything ? From the memo(NSC memo about divorce and seperation after 751 filing) it talks about 751 approval but not about CRI89 approval

[sappyconifer]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Dave10998:
Hello,

I am in a similar situation. We seperated about 2 weeks after 751 approval but before the CRI89 approval.

However my passport was stamped as IR6 and 751 approved before our seperation. What exactly is CRI89 approval? Does it mean anything ? From the memo(NSC memo about divorce and seperation after 751 filing) it talks about 751 approval but not about CRI89 approval </div></BLOCKQUOTE>

In the removal of conditions, there is only one approval, and that is of the petition (I751). The actual green card issuance would be relative to all required biometrics being done etc.