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NEED TO RENEW PASSPORT BUT NO LONGER "MARRIED"

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  • NEED TO RENEW PASSPORT BUT NO LONGER "MARRIED"

    Hello everyone. My boyfriend's immigration case has been in immigration for over 7 years now and in that time his marriage has dissolved (which is how he filed - marrying a US citizen). He has been working on getting a divorce but the whole process is not complete at this time. His passport stamp expires in the beginning of July and his case appears to be a "fraud" according to INS. He also runs his own business, pays his taxes, etc. Is there anything anyone knows that could be done to help him? Any help would be so greatly appreciated.

  • #2
    Hello everyone. My boyfriend's immigration case has been in immigration for over 7 years now and in that time his marriage has dissolved (which is how he filed - marrying a US citizen). He has been working on getting a divorce but the whole process is not complete at this time. His passport stamp expires in the beginning of July and his case appears to be a "fraud" according to INS. He also runs his own business, pays his taxes, etc. Is there anything anyone knows that could be done to help him? Any help would be so greatly appreciated.

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    • #3
      Please let us know wht they think it is fraud accourding to INS. Also why has his process taken so long, what were teh hold ups. Is he still married, or was the divorce finalized? Please let us know so we can advise you on what can be done.

      Comment


      • #4
        From my knowledge, he didn't have enough proof of his marriage and also she (his wife) did not show up at the interview. As for his case taking so long, I know from my own experience, immigration in our area is very backed up. It appears that if there was any question or possible missing info, your case got put in a pile and no one looked at it for years. It may sound stupid but that is what INS told me. His divorce has NOT been finalized.

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        • #5
          Unfortunaltey there is nothing you can technically (personllay) do for him as he is still married to his wife. I think that there are some waivers that you can file, but someone else on the board must know more than I know about that. Also You need to find out exactly what was wrong with the application and what information he recieved, if she has not filed for divorce in 7 years, that can work in his favor. My personal advice is to consult a good immigration attorney. Best wishes to you.

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          • #6
            Thank you soooo much for taking the time out to even read this and respond. I truly appreciate it (as I sit here with a tear in my eye). Quick question - why may it be to his advantage if she never filed for divorce? We found her when it came time to sign the divorce papers but she truly wants to know nothing about him. Also, if anyone knows any waivers/anything what so ever, that he could file, I'd greatly appreciate it. I am hoping someone out there will truly have the right way to lead me/us. Thanks.

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            • #7
              Well, that is the question. If this case was "fraud" why did the person, who he obviously only wanted a greencard from never file for divorce? As I stated, you need to find out exactly what happened. In a AOS marriaged based, the person needs to prove that they entered teh married based on love and good faith, not as a quick GC avenue. So your boyfriend needed to prove that it was entered on good faith, that tehy lived together in good faith, but things didn't work outand they got divorced. Now, so far, you have only told bits and pieces.

              Did they go to the first immigration interview together?

              Did he get a 2 year conditional green card from it?

              When the 2 years rolled around, they were separated and she refused to help support him in removing the conditions of his greencard?

              Also, when was he actually told (date) that his wa fraud andhow was he told?

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              • #8
                I will find out more tonight. Thank u so much. Right now anything at all is helping.

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                • #9
                  I have answers to the questions! Yes they did go to the first interview together. Yes he did get a 2 year conditional green card from it. Yes she refused to help support him in removing the conditions on his greencard. He requested a copy of his case and received it via mail and it said it had all of the qualifications of it appearing it to be a fraud - no taxes, no pics, no bank statements, only a lease.

                  Comment


                  • #10
                    Still unclear. So, she did sign the petition to remove the "conditions" on his Green Card, but she did not appear at the joint I751 interview, and he did? Or did he not report, because the divorce is not yet final?
                    Does he have copies of the missing documentation, or does such documentation not exist?

                    Comment


                    • #11
                      janet:

                      Are you a USC?
                      Sweet Madame Belu

                      Comment


                      • #12
                        Yes I am a US Citizen (born and raised)

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                        • #13
                          oaky, on the case it said (they wrote it on there?) it had all the appearances of fruad?

                          Next question, did he fill out the form to remove the conditions, or did she? Or a lawyer?

                          He didn't keep a copy of what he sent?

                          He was called for a second interview, which told him to birng spouse, pictures, GC, passport?

                          He went...without wife? What did he say, did he bring supporting docs?

                          When and where did this intrview take place?

                          Comment


                          • #14
                            My apologies I had a wrong answer, but I think I have the answers to all the questions for everyone. I was wrong - she DID sign the petition to remove the conditions on his GC. This form was filled out by either himself or someone else filled it out for him (he doesn't remember). No she did not appear at the joint I751 interview. He did appear though. As for his case having the appearance of it being fraudulent - it was typed up on a separate document. I do not have the date of that document at the moment but should have that info by this afternoon. He said he has copies of what he sent. And yes at the second interview they told him to bring his spouse, pics, etc. He went to this interview without his wife. He didn't have any supporting documents. And the intervewier told him he had no case bc the spouse was not there with him asking for him and that is why they are reviewing his case. He was told to show the judge affidavits (later on I guess when he gets called again for another interview!?!). The interview took place approximately 2 years ago in NYC.

                            Comment


                            • #15
                              Answert these simple questions:

                              WHY did they separate? Why did they not actually divorce after so many years? Whats the reason they did not go for interview together? It appears there is something the former couple knows that you either dont know or you are not telling us. Did the former marriage have kids? Why cant they annull that marriage?

                              Looks like from what you say, this guy should get divorce ASAP and you file papers for him.You should however have strong evidences for your marriage from the beginning and do everything clean.

                              Comment

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