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  • Theone
    replied
    As has been said, all he needs to show was that the initial marriage was vaild, the break up after, divorce and the circumstances, is not pertinant.

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  • Deep Thoughts
    replied
    back to my story ! like Houston had mentioned that not to add anything else besides the facts , well im sure they will definitely lie inorder to win the case , like i wrote before about them accusing us for abusing him which never happend thats a straight up lie , plus it seems like thats the only way he could get to stay in US by saying he got abused by us . so my question is if he tells the immigration that he got abused while he was residing with my sister , so dont you think they will ask for evidence from him to prove that he got abused ? ? ?

    Leave a comment:


  • Houston
    replied
    Let me put it this way... I agree with you that if you can establish bona-fide intent for the interview to be waived an adjudication should follow, but they're considered two separate things; one being the waiving of a requirement and the other being the granting of a benefit under INA. That's why I made the distinction.

    Leave a comment:


  • Houston
    replied
    even if the result remains the same, they are separate matters.

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  • Houston
    replied
    One thing is qualifying for a "waiver" of a requirement and another being granted a benefit. But the purpose of the review after the statutory period is just what you mentioned, to verify the bona-fide of the marriage. Happy Holidays!

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  • sappyconifer
    replied
    I disagree, Houston. In the case of removal of conditions, proving a bona fide marriage is the only consideration to be made.

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  • Houston
    replied
    a waiver is nothing but a petition to exercise discretion and "ignore" some requirements. All those hardship waivers you hear about work in the following way... You prove hardship to the U.S. relative and after that is accepted, then and only then the AG will consider and decide in your case. When you are able to prove hardship, at least by the reading of the statute, it does NOT mean you'll get the waiver approved. Read the statute for relief under 212(h) for instance:

    "The Attorney General has sole discretion to waive clause (i) in the case of an immigrant who is the spouse or son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien"

    By their very nature, hardship waivers also give the AG a humanitarian reason to adjudicate.

    As you can see, meeting the conditions of a for a waiver will only grant you consideration. In the same way, proving a bona-fide marriage will only grant you consideration of the case. It's never an automatic green light!

    Leave a comment:


  • sappyconifer
    replied
    Where are you getting this information? All waivers of the joint filing requirement are valid forms of petitioning to remove conditions, under specific circumstances and with specific documentation. Discretion may be used in determining IF an interview is required of the alien, but if the alien self-petitions, there is no requirement for the US citizen to attend.

    By the way, one of the valid waivers is a bona fide marriage that terminated in divorce. Petitioning on that basis, the US citzien spouse is no longer party to the immigration process and therefore would certainly not be required to attend. Also, according to a USCIS memo issued on March 30, 2005, if an alien is separated, but not yet divorced, at the time the I751 is due, s/he should inform the Service Center.

    Leave a comment:


  • Houston
    replied
    Applications to waive the joint interview are to be filed with the director of the regional center and it's a discretionary decision. He or she may or may not give an OK to waive the interview. My previous statement relates only to the filing for removal of conditions by the alien after separation, with documented evidence and support.

    Leave a comment:


  • sappyconifer
    replied
    Would you cite your source for "if the separation is not final, the spouse must attend the interview"? This information is not correct.

    Leave a comment:


  • Houston
    replied
    If the separation is final, the alien must file for a waiver with documentary evidence. If the separation is NOT final, the spouse must attend the interview, however, there's the possibility of a waiver (to avoid black-mailing and other issues). All this is very carefully reviewed to avoid the possibility of fraud. What most people don't know, is that USCIS will listen to any claim of fraud during the conditional period, and even after. Getting approved does not mean you're off the hook with USCIS!

    Leave a comment:


  • Still Learning
    replied
    I thought that if couple were separated that the gc holder had to wait until divorce was final and then attend interview (if called) with evidences of marriage being bonafide?

    Leave a comment:


  • Houston
    replied
    The spouse is required to go to the interview, it's mandatory. However, in case of a separation, the alien must submit documentation to prove a bona-fide marriage to 'waive' such requirements and allow for removal of conditions without the presence of the citizen spouse.

    Leave a comment:


  • sappyconifer
    replied
    "Houston, we have a problem"
    Not all applicants for removal of conditions are called for an interview. In recent months, many I751s are adjudicated on the basis of the documentation submitted.

    If the OP believes this alien had engaged in fraud, she should make her position known, in writing, both to the Service Centre and the local District Office, supplying any evidence she has to support her contention.

    Leave a comment:


  • Houston
    replied
    If the U.S. citizen spouse does not attend the interview the other spouse can, in some cases, still apply for removal of conditions. It's best for your sister to attend the interview and tell her story, but only the truth.

    Don't spice it up, don't make things up either, just the truth. They will make a fair determination, it's their job. The law is not a tool for revenge. However, the law will not permit marriage fraud either. They will make a determination. This is EXACTLY why they consider a marriage solid only after 3 or 4 years without any separation. This is EXACTLY why they created this "conditional resident" status.

    Tell the truth and limit your statements to the facts. Otherwise you could be charged with making false statements to the U.S. Government under 18 USC and you sure don't want that. You have to prevail on the credibility issue, just remember that.

    Good luck and have faith in the law.

    Leave a comment:

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