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  • I-751 Interview Date Received

    Here is a brief history.. Married May 1999.. Joint I-751 filed, NOA Jan 2003. December 14 2004 went to shelter..forced from home by USC spouse. Jan 2004 rented apt. Between then and beginning of may,USC spouse packed up house and went out of state, (somewhere in FL). Have received interview date for June. Any ideas on how I go about this interview without a spouse? There has been no paperwork filed in regards to seperation/divorce, although my attorney suggests to me to file for divorce of bed and board. Thanks in advance for any ideas.

  • #2
    Here is a brief history.. Married May 1999.. Joint I-751 filed, NOA Jan 2003. December 14 2004 went to shelter..forced from home by USC spouse. Jan 2004 rented apt. Between then and beginning of may,USC spouse packed up house and went out of state, (somewhere in FL). Have received interview date for June. Any ideas on how I go about this interview without a spouse? There has been no paperwork filed in regards to seperation/divorce, although my attorney suggests to me to file for divorce of bed and board. Thanks in advance for any ideas.

    Comment


    • #3
      Hi ircroxy,

      Sorry to hear about your situation. I don't recall you giving details about your case before.... Your lawyer is right... if you gave all this info before I guess you would have gotten lot of info in march...but that's ok... now so u have been called for interview regarding your joint I 751 ... u must appear there with your spouse...

      Try to talk to her if she can help you out ....that will be the first action ....

      If she doesn't agree try to postpone interview giving some strong reason and work on your spouse if she wants to help you out ...

      If no success ....work on divorce and try to request Immigration officer to wait for your divorce to be finalized ....

      If no success .... File abuse waiver as it seems to me kinda abuse ...but u got to have evidences to prove it....

      I guess u will receive some very good info from board members ....

      Visit this link ...

      http://discuss.ilw.com/eve/forums?a=...01#14010348901

      u will get lot of info about I 751 ...though I never got any chance to update those links ever since I posted....but there is more than enough info to know all ifs and buts about I 751 .... Wish you all the best.... Pasha

      Comment


      • #4
        Which one was your Service Center? You would probably need affidavits from workers of the shelter to get evidences for a battered spouse waiver, however follow what Pasha has said! try to postpone that interview!

        Comment


        • #5
          Thanks Pasha and Aquila. Pasha, I never mentioned any of this in March, as it only happened in Dec - present. Yes, there were things he did throughout our marriage that were not good, and I really didn't want to publish allt he nastys on the internet. I had hoped my husband would come around and stop doing things he had been, but I've now come to terms with the fact that I'm fighting a losing battle. I cannot talk to him to help me, two reasons. One, I don't understandhow he would help me or could and second, I don't know how to contact him.
          Aquila, we filed the joint I-751 with the TSC. I've spoken to the shelter and they said they would write a letter but I don't know what all I should include. I hate to have my dirty laundry in print. I can get letters notorized by friends and neighbors, but only a couple of people because again, I kept very personal, if you know what I mean. Also, how do you put off an interview? What reason could I possibly give? I know my husband leaving has put a damper into things, but what can I gain by putting it off? I'm just trying to understand it. Thanks for your info and I'll be sure to read up on that link.

          Comment


          • #6
            You cannot appear at a I-751 with a joint petition without your spouse, you will be denied. You must postpone ASAP! Site whatever circumstances you need to in order to postpone it! Also contact your husband ASAP and see if he will go with you or what or file immediately...this you cannot put off! Keep us posted.

            Comment


            • #7
              Hi ircroxy,

              Sorry to hear about your condition .... I understand that you don't like to publish your details even in front of BCIS but if you don't then you already lost the battle .... U must tell them truth and that's your only chance ... well I recommend you spend enough time and read all those links coz that way you will have lots of ideas what to do ....

              I admit people are little bit tired of discussing I – 751 on this board but take advantage of those links coz almost all issues with I – 751 have been discussed in great details .... And then if u get some questions ...ask here ... I m sure people will help you....

              I m just wondering if there is no way to contact him ... I believe you will have to wait for certain period before divorce could be granted .... Try to collect as many evidences as u can for possible abuse ... and kindly read that link .... U will have every answer to each your possible question...good luck...Pasha

              Comment


              • #8
                IF immigration needs to know all the nasty details, then I will reveal it to them, if asked. I just didn't want to post it public for the world to see. Thanks for your advice, I have searched some of the links you've provided and will continue. I still haven't thought of a good reason to give for putting off the appointment though. Any suggestions?

                Comment


                • #9
                  I have decided to go ahead and keep this appointment for my I-751 joint application interview. Even though my spouse has abandoned me I feel I must attend. I have done nothing wrong or illegal and don't wish to hide. I will face them, tell them what has transpired and hope that since we were together 4.5 yrs that that will count for something. I don't have much to take since when I went to the shelter I went with what was on my back, and he packed up all and took it with him. I will get a letter from the shelter and from friends and coworkers, but am unsure what else to take. Anyone have ideas? I'm almost sure they'll deny me and I'll have to start another waiver. Im wondering though if it matters if I file legal papers before or after the interview?

                  Comment


                  • #10
                    Hello Icroxy

                    Am sorry to hear of your situation. You have offered only limited information on your situation. Much like the limited info you will be taking into your interview of which you will be DENIED! Your status will terminate and if you do not act you will go into removal proceedings soon after. We are not asking you for the "dirt" just some facts so that we can help you decide the best course of action. Did you do anything that allowed your husband to get away with removing you from the house? I ask because this type of thing in general is not allowed. Your story is coming across as very thin and vague.

                    I am giving you this very valuable suggestion so please take it and act immediately on it....

                    Make sure you have filed for divorce (even if it one day before interview) before attending that interview. this way you will get a chance to request a continuance in your case and get additional time to submit your 751 waiver. for bonafide marriage or or abuse. whichever is applicable/or both.

                    You had better get "cracking" on evidences of bonafide marriage or your waiver also will be denied. Contact Catholic social Services if you cannot afford to file divorce with a lawyer.

                    Otherwise, you should make plans to voluntary depart back to your homeland. You are in a serious situation here.
                    Best wishes.

                    Comment


                    • #11
                      ok, here is *some* of the things that happened throughout my 4.5 yrs of marriage. He had numerous affairs, some of which would snail mail items to our home or phone. One I confronted. He packed up and moved out before leaving me a "dear jane letter" but came back two days later. He got one pregnant then had an abortion. He admitted these things to me and some friends. He loves his bikes and beer and girls. He was in an accident 2 yrs ago and it was then I found out he took cocaine.I tried *so* hard to save my marriage with doing things that would make him happy, within the law and my morals. He was not intimate with me in the last year or so and moved himself to another room. When I finally left it was because he had attacked my daughter with my infant grand daughter in her arms. I had to get between them and have her leave the room. He demaned I leave with my *trash*. He called 911 to have us removed but then left. The police showed up and I told them what was going on. The police suggested I either put a restraining order on him OR go to the shelter. I knew an order would not stop my spouse as his bike and his *things* were too important to him. I did ask him to move when he returned to the home but he refused, stating he'd be dead before he left.So, we went to the shelter. I do have an attorney who said I would file divorce of bed and board which apparently is a form of abandonment. I am gathering the info she needs to file, BUT we have to locate him to serve him. All I know is he is in Florida somewhere. Recently found out he did not pay 4 months of mortgage and has filed bankruptsy. I went into the home when I found out he'd left and it resembled a fly by night escape. It was/is a disaster.So, here I sit and wait for my interview. I considered rescheduling but could not think of a valid reason believable to do so as it is a months notice.

                      Comment


                      • #12
                        ok Icroxy

                        ok. some facts. thank you. sorry 4 u but these things are in your favor. IS there record in the police report of what you have spoken here. I mean the facts about physical abuse. Did he hit you too? You made a very bad decision in not seeking that restraining order and choosing a shelter. You could have kept him away from the home. Again I ask did he hit you? if so, proceed to do the following.

                        obtain services of cath soc serv. lawyaer or one that you have to prepare the 751 waiver based on both bonafide and abuse. THEY MUST BE DOCUMENTED to support your petitions.

                        Also your daughter's 751 petition will be on abuse with the documentation from police report.

                        There are means to get around the serving of divorce papers. if you know city in florida, you can run newspaper ad. you have social security number. domestic relations can find him thru his ssn. Many things you can do here but you need legal help. Cant bury your head in sand here and hope for the best, it will not happen like that. AS Aguilla suggested, ASk your lawyer about filing the I-360 VAWA(Violence against Women Act) for you, & absolutely for your daughter, thats "hands down". I dont know if you have enough documents to support it it, but a lawyer will know based on the evidences you present.

                        Comment


                        • #13
                          Thank you for your replies. No, my spouse did not hit me. I will contact my attorney tomorrow to start the procedures required with the divorce.

                          Comment


                          • #14
                            Hi ircroxy,

                            Sory to hear about your story. Well I will try to point out what you should do now .... It could be helpful.... If u read all those posts it will take lot of time but as I have followed them for starting ... I will try to recall everything I can and write here....

                            1. make your personal statement / affidavit of everything that happened during your marriage and get it notarized.

                            2. file for divorce and as 4now stated advertise in local newspaper that he has been missing for whatever months ... that way u will have proof that you don't have any contact after that so u cant go for interview together...

                            3. get letter for shelter house...

                            4. if cops have something in record when u called them in past...get that document.

                            5. get any kind of evidences about his affairs ... if that means to contact his mistresses / friends who will state about those affairs and get it notarized...

                            6. now this one I m not sure about ... but they have some kinda information system CD on internet to know about people's criminal past and stuff like that ... well I don't know how successful / real this is ... but u can try to find out about his past criminal ...as he used to take cocaine ...

                            7. if u have any evidences when he hit your daughter... from neighbors , medical bills or anything ...

                            8. above this get all evidences that your marriage was bona fide ...

                            file for divorce so at least you can ask for some time for ur divorce to be finalized and u can file bona fide marriage waiver but ended in divorce .... Coz for this one u must have divorce decree ...

                            if u r thinking of filing battered spouse waiver ...u can file anytime ... well u got one month so get everything ( evidences ) whatever u can ... did u go to some kind of counseling or psychiatrist when u went to shelter ... if yes then that's good ... u can submit that in ur waiver ... if u took some kind of medication for stress / depression whatever ....

                            I don't know how would it look like now but still u can go to a doctor and he will evaluate you / your mental status for depression .... Get that report from a doc too ... and u can include that one also...

                            Well this is all I can remember for now ... if I remember something else ... will let you know...good luck....

                            Reasons u can show them to reschedule interview ... I cant write here ... u know what I mean ... so u can write me an e mail poroxod@yahoo.com and I will tell you....

                            Comment


                            • #15
                              Hi ircroxy,
                              Sorry about your situation. I am very impressed with all the knowledge and advice the board offers. Pasha, you rule! I don't have much to add, but story from my experience.

                              My friend was married to an abusive USC husband and it started with emotional abuse, and then escalated to him threatening her with knife and trying to choke her. Still, she was embarrassed and ashamed to talk about it, because he was claiming that she was at fault -- she made him do it, she was not good enough... My friend and I had to drag her to the police station to file a report and to get immediately order of protection. He was arrested, then released and was calling her relatives with threats to kill everybody, they had him taped. Getting order of protection, she found out that he already had orders of protection previously filed by his ex-girlfriend and his own brother! Oh, she wished she had known it before. She stood by me for a month, then, when her teen-age son came to US, they rented apartment in another state. He was looking for her, and stalking her, when he found her. She got another order of protection. Finally, changed her name and moved again. He filed for divorce and it was granted without my friend being served. She found out she was divorced when she went to INS for an interview.

                              So it can be done without your husband served, as you know already, though you may try to find your husband through Bankruptcy Court or Post Office if he had filed change of address before leaving for Florida (get copies of letters of requests for his address from court and Post Office as proof of your intentions to locate him). You can also write a letter to his family or friends, asking about his whereabouts, notarize it, make copies, and send with confirmation and return receipt as proof for INS.

                              You will need about 6-8 affidavits from family, friends, church, shelter, police report should state that they recommended you to get order of protection or to go to shelter. State in your affidavit that you were afraid for your life when you had taken your daughter and granddaughter to the shelter. State, that there was emotional abuse (cheating, drug use, his girlfriends contacting your residency (I wish you had a copy of one letter), his refusal of intimate relationship...) prior to him attacking your daughter with a baby. Your daughter has to give notarized affidavit that she lived with you at that time or visited you often and had knowledge of abuse, give facts, dates and details, if possible, confirm that you started complaining to her 2,5 years ago... All affidavits should include facts that your marriage was bona fide plus knowledge of abuse, even if they never witnessed it, just know about it from you, your friends or your daughter. This is what my friends and I had to write in affidavits for our girlfriend.

                              That friend of mine had got her GC and finally living in peace. But she tells me she still feels ashamed as if it had been partially her fault; at least that she had not used better judgment marrying him.

                              Don't feel this way. You did nothing to deserve this attitude. Emphasize it in your affidavit.

                              And not everybody is there to judge you or question your reasons for marrying or divorcing. You know what is true. You just take care of yourself and your family. Congratulations on granddaughter!

                              Good luck!

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