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What happens after I-751 is filed??

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  • What happens after I-751 is filed??

    I'm just trying to see if I should prepare myself for an interview with immigration. My husband (who I'm in the process of divorcing) filed an I-751 by himself, though I don't know what reason he put down for not filing jointly. I assume he put divorce. Anyways, his card expired in December of '07 & I assume he got the 1-year extension for processing & what-not. We had to get him evicted from the house & I tried to file a restraining order against him because he refused to leave & kept harrassing me on the phone, telling me I was gonna screw up his chances for a greencard. His temper & mooching got to be too much. I asked immigration if I was required to let him live in the house & they told me no, so we took him to court to make him leave the property. I immediately started divorce proceedings, but he has twice refused to sign the papers. I sent copies of the restraining order petition & court eviction papers to the immigration office because that's what the officer told me to do. Just wondering if I'll be called in to immigration because I really don't want to see my hubby.

  • #2
    Here's a link where you can find info
    for I-751

    http://www.murthy.com/news/n_remcon.html

    Comment


    • #3
      Hi YumCornishPasties,

      In addition to the helpful link that Speed gave you, here are some more details about whether or not you should go to immigration seeing that he filed a waiver: (The complete link is http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;si...#8:1.0.1.2.20.0.1.4)

      § 216.5 Waiver of requirement to file joint petition to remove conditions by alien spouse.
      top
      (a) General. (1) A conditional resident alien who is unable to meet the requirements under section 216 of the Act for a joint petition for removal of the conditional basis of his or her permanent resident status may file Form I–751, Petition to Remove the Conditions on Residence, if the alien requests a waiver, was not at fault in failing to meet the filing requirement, and the conditional resident alien is able to establish that:

      (i) Deportation or removal from the United States would result in extreme hardship;

      (ii) The marriage upon which his or her status was based was entered into in good faith by the conditional resident alien, but the marriage was terminated other than by death, and the conditional resident was not at fault in failing to file a timely petition; or

      (iii) The qualifying marriage was entered into in good faith by the conditional resident but during the marriage the alien spouse or child was battered by or subjected to extreme cruelty committed by the citizen or permanent resident spouse or parent.

      (2) A conditional resident who is in exclusion, deportation, or removal proceedings may apply for the waiver only until such time as there is a final order of exclusion, deportation or removal.

      (b) Fee. Form I–751 shall be accompanied by the appropriate fee required under §103.7(b) of this Chapter.

      (c) Jurisdiction. Form I–751 shall be filed with the regional service center director having jurisdiction over the alien's place of residence.

      (d) Interview. The service center director may refer the application to the appropriate local office and require that the alien appear for an interview in connection with the application for a waiver. The director shall deny the application and initiate removal proceedings if the alien fails to appear for the interview as required, unless the alien establishes good cause for such failure and the interview is rescheduled.

      (e) Adjudication of waiver application "”(1) Application based on claim of hardship. In considering an application for a waiver based upon an alien's claim that extreme hardship would result from the alien's removal from the United States, the director shall take into account only those factors that arose subsequent to the alien's entry as a conditional permanent resident. The director shall bear in mind that any removal from the United States is likely to result in a certain degree of hardship, and that only in those cases where the hardship is extreme should the application for a waiver be granted. The burden of establishing that extreme hardship exists rests solely with the applicant.

      (2) Application for waiver based upon the alien's claim that the marriage was entered into in good faith. In considering whether an alien entered into a qualifying marriage in good faith, the director shall consider evidence relating to the amount of commitment by both parties to the marital relationship. Such evidence may include"”

      (i) Documentation relating to the degree to which the financial assets and liabilities of the parties were combined;

      (ii) Documentation concerning the length of time during which the parties cohabited after the marriage and after the alien obtained permanent residence;

      (iii) Birth certificates of children born to the marriage; and

      (iv) Other evidence deemed pertinent by the director.

      (3) Application for waiver based on alien's claim of having been battered or subjected to extreme mental cruelty. A conditional resident who entered into the qualifying marriage in good faith, and who was battered or was the subject of extreme cruelty or whose child was battered by or was the subject of extreme cruelty perpetrated by the United States citizen or permanent resident spouse during the marriage, may request a waiver of the joint filing requirement. The conditional resident parent of a battered or abused child may apply for the waiver regardless of the child's citizenship or immigration status.

      (i) For the purpose of this chapter the phrase "was battered by or was the subject of extreme cruelty" includes, but is not limited to, being the victim of any act or threatened act of violence, including any forceful detention, which results or threatens to result in physical or mental injury. Psychological or sexual abuse or exploitation, including rape, molestation, incest (if the victim is a minor) or forced prostitution shall be considered acts of violence.

      (ii) A conditional resident or former conditional resident who has not departed the United States after termination of resident status may apply for the waiver. The conditional resident may apply for the waiver regardless of his or her present marital status. The conditional resident may still be residing with the citizen or permanent resident spouse, or may be divorced or separated.

      (iii) Evidence of physical abuse may include, but is not limited to, expert testimony in the form of reports and affidavits from police, judges, medical personnel, school officials and social service agency personnel. The Service must be satisfied with the credibility of the sources of documentation submitted in support of the application.

      (iv) The Service is not in a position to evaluate testimony regarding a claim of extreme mental cruelty provided by unlicensed or untrained individuals. Therefore, all waiver applications based upon claims of extreme mental cruelty must be supported by the evaluation of a professional recognized by the Service as an expert in the field. An evaluation which was obtained in the course of the divorce proceedings may be submitted if it was provided by a professional recognized by the Service as an expert in the field.

      (v) The evaluation must contain the professional's full name, professional address and license number. It must also identify the licensing, certifying, or registering authority. The Service retains the right to verify the professional's license.

      (vi) The Service's decision on extreme mental cruelty waivers will be based upon the evaluation of the recognized professional. The Service reserves the right to request additional evaluations from expert witnesses chosen by the Service. Requests for additional evaluations must be authorized by the Assistant Regional Commissioner for Adjudications.

      (vii) Licensed clinical social workers, psychologists, and psychiatrists are professionals recognized by the Service for the purpose of this section. A clinical social worker who is not licensed only because the state in which he or she practices does not provide for licensing will be considered a licensed professional recognized by the Service if he or she is included in the Register of Clinical Social Workers published by the National Association of Social Workers or is certified by the American Board of Examiners in Clinical Social Work.

      (viii) As directed by the statute, the information contained in the application and supporting documents shall not be released without a court order or the written consent of the applicant; or, in the case of a child, the written consent of the parent or legal guardian who filed the waiver application on the child's behalf. Information may be released only to the applicant, his or her authorized representative, an officer of the Department of Justice, or any federal or State law enforcement agency. Any information provided under this part may be used for the purposes of enforcement of the Act or in any criminal proceeding.

      (f) Decision. The director shall provide the alien with written notice of the decision on the application for waiver. If the decision is adverse, the director shall advise the alien of the reasons therefor, notify the alien of the termination of his or her permanent residence status, instruct the alien to surrender any Permanent Resident Card issued by the Service and issue a notice to appear placing the alien in removal proceedings. No appeal shall lie from the decision of the director; however, the alien may seek review of such decision in removal proceedings.

      [53 FR 30018, Aug. 10, 1988, as amended at 56 FR 22637, May 16, 1991; 59 FR 26591, May 23, 1994; 62 FR 10350, Mar. 6, 1997; 63 FR 70315, Dec. 21, 1998]

      I would imagine that since his basis for filing his I-751 is divorce, your presence won't be required. I'm not saying for sure, I'm certain the other senior members can help you out.
      Do all the good you can, in all the ways you can, as long as ever you can.

      --John Wesley

      Comment


      • #4
        YCP, I would guess that it all depends how your husband filed I-751.
        - if as divorced, he will be asked to produce divorce papers that he doesn't have. Him refusing to sign papers may be an indicator that he didn't put that as a reason.
        If he does not supprot his petition with a divorce decree, he'll be denied and no interview.
        - Jointly? maybe. maybe he forged your signature. Would that be possible? If that's the case, and since you sent some documents to USCIS, you both may be asked for an interview, so they can determine what's going on. Maybe if you hire a lawyer, he/she can arrange that you are interviewed separately.
        - as a battered spouse? USCIS usualy does not call the other party for the interview.

        Comment


        • #5
          Originally posted by aneri:
          YCP, I would guess that it all depends how your husband filed I-751.
          - if as divorced, he will be asked to produce divorce papers that he doesn't have. Him refusing to sign papers may be an indicator that he didn't put that as a reason.
          If he does not supprot his petition with a divorce decree, he'll be denied and no interview.
          - Jointly? maybe. maybe he forged your signature. Would that be possible? If that's the case, and since you sent some documents to USCIS, you both may be asked for an interview, so they can determine what's going on. Maybe if you hire a lawyer, he/she can arrange that you are interviewed separately.
          - as a battered spouse? USCIS usualy does not call the other party for the interview.
          Thanks everyone for all your help. Aneri, I don't think he could have forged my signature. He's not that clever, lol. Mrs. B said that another reason could be "extreme hardship".

          We have no joint ownership of anything. The only thing joint was our taxes from last year. He doesn't even have any photos of me, except from the wedding.

          Comment


          • #6
            Originally posted by YumCornishPasties:

            Thanks everyone for all your help. Aneri, I don't think he could have forged my signature. He's not that clever, lol. Mrs. B said that another reason could be "extreme hardship".

            We have no joint ownership of anything. The only thing joint was our taxes from last year. He doesn't even have any photos of me, except from the wedding.
            I wonder if I was also called in for an interview, if I would be allowed to bring in witnesses who have seen his temper & can verify that he has taken most of my money by force.

            Comment


            • #7
              Hmmm. Very odd. USCIS really doesn't care too much about what happens to the marriage, after the AOS has been approved. Why would you call immigration when this is clearly a marital issue?
              Originally posted by YumCornishPasties:
              I'm just trying to see if I should prepare myself for an interview with immigration. My husband (who I'm in the process of divorcing) filed an I-751 by himself, though I don't know what reason he put down for not filing jointly. I assume he put divorce. Anyways, his card expired in December of '07 & I assume he got the 1-year extension for processing & what-not. We had to get him evicted from the house & I tried to file a restraining order against him because he refused to leave & kept harrassing me on the phone, telling me I was gonna screw up his chances for a greencard. His temper & mooching got to be too much. I asked immigration if I was required to let him live in the house & they told me no, so we took him to court to make him leave the property. I immediately started divorce proceedings, but he has twice refused to sign the papers. I sent copies of the restraining order petition & court eviction papers to the immigration office because that's what the officer told me to do. Just wondering if I'll be called in to immigration because I really don't want to see my hubby.

              Comment


              • #8
                Originally posted by swissnut:
                Hmmm. Very odd. USCIS really doesn't care too much about what happens to the marriage, after the AOS has been approved. Why would you call immigration when this is clearly a marital issue?
                What's an AOS?? I'm just doing what the immigration officer told me to do. She told me to send her copies of all the eviction court papers, etc. Maybe she felt that the marriage was done for immigration purposes only.

                Comment


                • #9
                  Off Topic....I love cornish pasties too! lol
                  -----------------------------------------------------------------------------------------------
                  God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

                  National Domestic Violence Hotline:
                  1.800.799.SAFE (7233) 1.800.787.

                  Comment


                  • #10
                    Originally posted by swissnut:
                    Hmmm. Very odd. USCIS really doesn't care too much about what happens to the marriage, after the AOS has been approved. Why would you call immigration when this is clearly a marital issue?
                    Swiss,
                    I called immigration to ask them if my sponsorship of my husband required me to let him live in my house. I explained the whole situation to the officer & she instructed me to write a letter saying I wanted to end sponsorship & mail it to her & she also said she wanted a copy of the eviction notice that I planned on giving my husband. Of course he ignored it, so I took him to court & sent the court papers to the immigration officer as well & also the restraining order because I was informed to keep a paper trail.

                    And yes, Sprint.... pasties are the best, hehe.

                    Comment


                    • #11
                      Hey YCP! Welcome back

                      Yes keep paper trails, very important. Hope something happens for you soon.
                      -----------------------------------------------------------------------------------------------
                      God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

                      National Domestic Violence Hotline:
                      1.800.799.SAFE (7233) 1.800.787.

                      Comment


                      • #12
                        Originally posted by Sprint_girl07:
                        Hey YCP! Welcome back

                        Yes keep paper trails, very important. Hope something happens for you soon.
                        Thanks. Just hoping this whole thing will be over soon. I'm just keeping my fingers crossed that Immigration sends him packing because until then I will always screen my phone calls & triple-check my locks at night to make sure the doors are bolted tight.

                        Comment


                        • #13
                          YCP..If you fear him, I would suggest to have the locks changed. If not, there is a cheaper way and where you can buy this door stopper which goes under handle of door..its cheap and can be found in places like Homedepot etc. and no one can get through a door with that on.

                          Regarding calls, I often had the answer machine on until I changed my number, and told friends or calls I knew I was going to get to talk into it before I picked up.
                          This way if he called or you had menacing calls, it will be recorded.

                          If you by any chance have been with DVIS, they actually have a contract with a well known alarm system company, who will come in and install the alarm for you, and has a back up wireless phone in case phone was disconnected.
                          Its free and monitored by the alarm company.
                          If any apply to you, its worth asking DVIS about it, it sure makes you feel safer at night
                          -----------------------------------------------------------------------------------------------
                          God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

                          National Domestic Violence Hotline:
                          1.800.799.SAFE (7233) 1.800.787.

                          Comment


                          • #14
                            Shock of the century came today.... after many months he's finally signing the divorce papers, but I'm curious as to why. And it turns out he got an immigration lawyer. (Of course he's probably conned his friends to pay the lawyer fee for him). So something is going down, but I don't know what. <span class="ev_code_RED">What do you think his chances are for getting a green card?? </span> I'm sitting here shaking from nerves right now because I don't know what he's going to do.

                            Comment


                            • #15
                              Originally posted by YumCornishPasties:
                              Shock of the century came today.... after many months he's finally signing the divorce papers, but<span class="ev_code_RED"> I'm curious as to why. And it turns out he got an immigration lawyer</span>. (Of course he's probably conned his friends to pay the lawyer fee for him). So something is going down, but I don't know what. <span class="ev_code_RED">What do you think his chances are for getting a green card?? </span> I'm sitting here shaking from nerves right now because I don't know what he's going to do.
                              Hello Yum

                              The reason he is signing is because he got an immigration lawyer who told him to sign the divorce and get it final so that he can file 751 waiver using good faith marriage,and possibly emotional abuse.

                              Only you know what evidences he could have submitted based on the marriage.

                              You are still on the hook for the affadavit of support.

                              Comment

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