I-751 Question

[INStress]

Hello Everyone,
I submitted my I-751 form 3 months ago, the problem is I included all evidence that demonstrates the circumstances of our relationship after the conditional green card was granted, and now me and my wife are separated, and I'm not sure if she will co-operate if an interview to be scheduled.

Is it possible to send another file and ask the USCIS to attach it to the original file?

Aguila answered this question but I would like to have more point of views: What if an interview is scheduled and my wife refuses to show up?

Thank for everyone

[INStress]

Hello Everyone,
I submitted my I-751 form 3 months ago, the problem is I included all evidence that demonstrates the circumstances of our relationship after the conditional green card was granted, and now me and my wife are separated, and I'm not sure if she will co-operate if an interview to be scheduled.

Is it possible to send another file and ask the USCIS to attach it to the original file?

Aguila answered this question but I would like to have more point of views: What if an interview is scheduled and my wife refuses to show up?

Thank for everyone

[swissnut]

Depending upon which service center handles your case, the time between the filing and the adjudication of a jointly filed I751 could be a year or more.

In the event that reconciliation of your marriage is not possible, once a divorce is terminated you could file a waiver, at which time the original I751 would be vacated and the waiver would replace it.

In filing a waiver, the alien must prove that the terminated marriage was bona fide. Please research the numerous threads on I751 on this discussion board for more information on other waivers available.

[INStress]

Swissnut,
Thanks for your answer.
The fact is I'm not interested in divorce as I'm still trying to work things out.

Based on CSC processing dates, even if my wife files for divorce now, by the time the USCIS opens my file the divorce will not going to be final as it takes 6 month in California, I'm not sure if the interview in my case is a must because the evidence I submitted covers the circumstances of our relationship since the day after the Conditional GC was granted.

Thanks again.

[swissnut]

Yes, I understand. I don't think anyone has been able to determine how USCIS selects those petitions to call in for an interview, though. Even if one has lots of evidence, it can be random.

[ardainia]

Needless to say I would wait until you actually get an interview letter before you start worrying about the interview part. I understand how you want to work things out with your wife and maybe you should talk to her about what happens if you get called for an interview. If she signed the paper then she should go. Do not attend without her. If yu are in divorce proceedings when you go then state that. They asked my husband and I that. Also keep in mind that the year or more it may take to get an answer from INS many things can change. Good luck!

[booob]

ITS A FREAKING EPEDEMIC I TELL YOU !!!!!!!!!!!

[Michael]

I LOVE BOOOB !!! She/He has bee paying attention to me and I am so flattered !! XOXOOXO

[booob]

I love you too!! You are the only one that I respect here; Let's clean America from fraudulent grints !!!! AMERICA - LOVE IT OR LEAVE IT !!!!

[INStress]

Adriana,
Were you guys separated when you went to the interview? If we both go to an interview I'm not gonna hide the status of mu marriage under all circumstances, does anybody know what the situation will be if we go to the interview and tell the officer that we are separated? Is it a denial?

Also I would like to have an answer on the question I originally posted: Is it possible to send another file with evidence of relationship before the conditional green card was granted and ask the USCIS to attach it to the I-751 file?

Based on the processing dates in California I expect to have an answer within 4 months.

Thanks

[Pasha Patel]

Hi INStress,

Try to work on the marriage first or at least try to convince your wife to come with you if you get interview before your divorce is filed or finalized .... Without divorce you cant file marriage entered in good faith and ended in divorce.... U must have divorce decree to do so... another waivers left are battered spouse and hardship ... I guess u should visit this link to have detailed information about all kinda scenario in this process... good luck... Pasha

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

[booob]

Originally posted by Pasha Patel:
Hi INStress,

Try to work on the marriage first or at least try to convince your wife to come with you if you get interview before your divorce is filed or finalized .... Without divorce you cant file marriage entered in good faith and ended in divorce.... U must have divorce decree to do so... another waivers left are battered spouse and hardship ... I guess u should visit this link to have detailed information about all kinda scenario in this process... good luck... Pasha

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

Stop helping fraudulent grints. Take care of your patients !!!

[Pasha Patel]

Hey booob / Michael / whoever

Too much time on your hands??? Stop giving me advices and how should I behave and where should I spend my time on off day.... Its none of your business to ask me about my profession and patients at all.... Yes I take care of them almost 24 hrs / 7 days .... Now I don't have to take permission from you to visit this board on my off day , do I ? anyways I don't want to argue with you or anybody on this board at all... I wish God shows you some light and your bitterness goes away ... Good luck... Pasha

[INStress]

Pasha,
I actually read about the waivers, and I hope I can work it out with my wife but I cannot predict what is going to happen in the coming few months, at the end, I won't do anything that could hurt my wife in a way or another, not just because I loved her and still love her, but also for the sake of 3 years we spent together happily, and she was a wonderful person, even though I suffered a lot and still suffering after she left the house for no reason but just because she wants to be on her own and decides what she wants in her life, after she stopped taking the Zoloft (anti-depressant) all the sudden resulted that change in her mood, I cannot take all that personally, blame everything on her and be selfish in using her sickness as a bridge to get my residency!

That's why I don't want to do anything that might get her in any legal problems, I know that after divorce USCIS do not testify the USC spouse, but what if in the future she decided to marry an immigrant and her name is not clean.

Good faith waiver is easy for me to prove, but if I file for divorce now by the time I receive an answer from the USCIS I'm sure the divorce will not going to be final.

Thanks for any suggestion.

Originally posted by Pasha Patel:
Hi INStress,

Try to work on the marriage first or at least try to convince your wife to come with you if you get interview before your divorce is filed or finalized .... Without divorce you cant file marriage entered in good faith and ended in divorce.... U must have divorce decree to do so... another waivers left are battered spouse and hardship ... I guess u should visit this link to have detailed information about all kinda scenario in this process... good luck... Pasha

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

[INStress]

Booob,
You're funny, you crack me up I'm glad you represent the minority.

Originally posted by booob:

Originally posted by Pasha Patel:
Hi INStress,

Try to work on the marriage first or at least try to convince your wife to come with you if you get interview before your divorce is filed or finalized .... Without divorce you cant file marriage entered in good faith and ended in divorce.... U must have divorce decree to do so... another waivers left are battered spouse and hardship ... I guess u should visit this link to have detailed information about all kinda scenario in this process... good luck... Pasha

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

Stop helping fraudulent grints. Take care of your patients !!!