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  • I751

    Just want to share with your guys:

    8-2003 married to a USC
    7-2004 baby girl born
    1-7-2005 temporary GC
    1-7-2007 should file I751

    Since my husband and I are having fights for sometime, I am afraid that he will not cooperate with me when the time comes to file I751. I was worried about what to do in my case.

    I am a member of ARAG group. And they provide the immigration telephone service. I called them today. The lady told me that
    1) She has worked on I-751 for more than 20 years. She has worked on all kinds of cases.

    2) I should file I751 on time, along with all the proofs that show we lived together. And explain to them what is going on right now on our marriage. If at that time, we filed for divorce already, and then attach the divorce complaint, if available. She said that there is a gap in the law dealing with my case, but the immigration officers are also humans, they should understand my situation. It is not going to happen that they simply take away my green card.

    3) They will send me the receipt of I751, which will automatically extend my temporary green card a year.

    3) They will also ask me to give them divorce decree when it is available. Then just follow their advice.

    Thanks,

  • #2
    Just want to share with your guys:

    8-2003 married to a USC
    7-2004 baby girl born
    1-7-2005 temporary GC
    1-7-2007 should file I751

    Since my husband and I are having fights for sometime, I am afraid that he will not cooperate with me when the time comes to file I751. I was worried about what to do in my case.

    I am a member of ARAG group. And they provide the immigration telephone service. I called them today. The lady told me that
    1) She has worked on I-751 for more than 20 years. She has worked on all kinds of cases.

    2) I should file I751 on time, along with all the proofs that show we lived together. And explain to them what is going on right now on our marriage. If at that time, we filed for divorce already, and then attach the divorce complaint, if available. She said that there is a gap in the law dealing with my case, but the immigration officers are also humans, they should understand my situation. It is not going to happen that they simply take away my green card.

    3) They will send me the receipt of I751, which will automatically extend my temporary green card a year.

    3) They will also ask me to give them divorce decree when it is available. Then just follow their advice.

    Thanks,

    Comment


    • #3
      I wouldn't wish to question the veracity of the information you received, but it goes contrary to what I know. The statutes prohibit submission of a joint petition without two signatures, and without 2 signatures one would have to file a waiver.

      Are you aware that failure to co-operate and sign an I751 is grounds for a waiver?
      The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

      Comment


      • #4
        If my husband does not cooperate with me, then I will have to file a divorce. I will file I751 with a waive under divorce category. The divorce is not finalized, so that I have to explain to them what is going on with my marriage. I should attach the divorce complaint if it is available.

        There is no legal steps that we can follow in this case. But she said that it is what she has been doing for 20 years.

        I still hope my husband will cooperate with me. If not, I certainly will consult a lawyer to get more detail information.

        Comment


        • #5
          Hey hijie
          The lawyer told you the right thing.....
          I was seperated from my husband at the time I was filing 751 and I was in the process of a divorce but my divorce was not finalized yet so I submitted the 751 waiver on my own. Later on they sent me a letter asking for my divorce decree which I gave them.

          so the lawyer is right ... you should file for the waiver during the 90 day before you second GC annivarsery and then go from there....

          sanaz

          Comment


          • #6
            Thank you, sanazi.
            Could you tell me when you filed I751?

            thanks,

            Comment


            • #7
              plus, sanazi, did you file under divorce category, not abuse or hardship?

              thanks,

              Comment


              • #8
                Hi Hijie,
                My waiver was based on divorce only. I filed the first one when I was separated and that was feb of 2006. The second time I filed was after I was divorced which was August 2006.

                Good luck to you....
                I will let you know more about my experience as I go forward.
                You should file your 751 as soon as your 90 day period comes up otherwise they will tell you that you files late and that is bad.

                Sanaz

                Comment


                • #9
                  That is good to hear. Thank you, Sanazi!

                  One more question:
                  Why should I file the form as soon as my 90 day period approach? Isn't it said that within that 90-day peroid? As far as I send the form and get the receipt back before my GC expires, isn't that good enought?

                  Thanks,

                  Comment


                  • #10
                    I meant within the 90 day period....

                    Comment


                    • #11
                      Thank you! Please let us know how it goes with your case!

                      Best wishes!

                      Comment

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