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Divorce Final After i-751, denied. Motion to re-open denied. No Notice to Appear

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  • #16
    Only one joint filing and refused to answer as to when separated, as well as the shallow reason for the divorce, finances and her parents were against the marriage. Sounds like a marriage of convienence.

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    • #17
      To be honest, it was a heart breaking seperation. If I did not have to file for petition, I'd much rather not remember all the details.

      I wanted to keep my personal issues aside from this posting because I assumed this is for legal advices and educational help.
      For those who had been through divorce alone would know how complicated things could get, set aside when USCIS is involved.

      Just so some of you, who likes to post offending and negative opinion, can understand. Here is my story.

      J and I used to go to the same high school, back in Hong Kong. She was a few grades younger then I am. She used to watch me play basketball at the court close to her dorm and follow me where ever I go during break time, lunch and after school. She bravely approached me and we started to contact. We used to talk on phone and went out a few times. However after I left HK to Canada to pursue my studies, we have lost contact. About seven years later we found each other, on friendster.com an online community web site, got excited and romantic. We started with emailing, then msn messages, to Video Conferencing online.

      In a few months we've planned to meet up at Boston for a trip. We slightly talked about getting married prior to the trip and agreed on it. When we get to Boston, not only we're physically attracted and emotionally attached, we fell in love in a very special way.

      Everything seems to be obstacles to our original plan of getting married in Boston. I remember we were there for only a little more then a week, approximately 9 days. We couldn't decide until the Wednesday of that week. We had 3 days left for a process, including getting blood test, a marriage license; go through court and wedding ceremony, which usually takes more then two weeks.

      We've been calling our friends and family telling and discussing with them about our decision, some agree the others don't. It didn't matter; we have a common goal into pulling it together no matter how hard it is.

      The next day, Thursday, we ask our friends to refer us to the doctor and get our blood tested. After we got the blood test result we went to the government building but they were about to close and we only know that we after getting a blood test result and we still have to face a wait period before they can issue the marriage license in order to process the ceremony, even though there is a possibility to waive the wait time by going to court. So we thought that that is the end of it.

      The next day we went to the government building thinking that we have to waive the wait time to get the marriage license, right after we got down to the elevator, we realized J don't have her passport and will not be able to get the license. Just as we were going to turn around and leave, my mind put myself in action and I said "let's try it till it's absolutely impossible before we give up. She end up was able to use her state ID. After filling up a numerous forms and wait in line at another building, going through the court to get permission to waive the wait time, about half 30 minutes before they close around 4:30pm, we realize we forgot to bring the blood test result. We called the doctor for 15 minutes trying to get him to fax it over but no one is answering. We once again were going to give up, but after we express our urgency and desire to the office lady, she let us get the license and go to the pre schedule ceremony at 5:30 and fax the test result afterwards. After going through a numerous call to my friend and the doctor, we eventually got blood test faxed, and are on the train to the ceremony.

      I remember on the train trying to rush to the ceremony, we thought we took the wrong route, and will miss the appointment, J said "It seems so hard, may be these are signs to tell us not to get married so soon." Then I said "Let go through these obstacle together and make this fantasy happen." J said in tears "I was actually worried that you wouldn't take me as your wife." After a few more calls, we calm down and figured out the map and found our destination.

      It's a simple ceremony with vows and a few friends Pin, Clement, Yuya and Kenichi and May. We both teared when the priest announced us husband and wife.

      After the trip we both had to go separate ways. I have to go back to Canada and finish my Microsoft certification exams and technical diploma program.

      In about two weeks, I flew to Hawaii and visit for a week, fall even more madly in love. After I went back Canada, an incident made me realize that I want to be physically available to protect my wife so that I decided to leave all my belongings,d my car and my internship from TriOS College behind and move to Hawaii. That's how I originally moved to Hawaii.

      Life was sweet for but the reality is that she is still in school and I would need a job to support both of us, and for my status I won't be able to work until I get the working visa. After her guidance (Aunt M) found out that she really got married, they financially frozen her allowance and tuition. Fortunately I started to work at temp jobs and got money from my parents to support us through this tough time.

      But as the negative stress accumulate, because of the pressure from her Aunt side to her, and the increased responsibility on myself I have got on the wrong track and got some bad habits, for me it was gambling. I used to invite friends over to play poker and have really bad temper and end up in fights with J. And as J got depressed and cannot feel the love she started to go drinking and we ended up fighting a lot, at times I would bang on the doors and couch, and she would lock herself in the room and cry and at times we would hug each other and cry.

      We've definitely been through a lot; in the first year of marriage we went to Las Vegas to meet his father. My Mother and Father both speak with her occasionally on the phone and through emails. We go around island with friends. We always go to our favourite Karaoke place SPOT. We went to the City lights. We go to our friend's mother's birthday together. We also throw birthday party for our friend E. I got her a two weeks old Maltese one weekend we had a morning fight at the Pet swap and named her Mellow. She got me a series of surprises for valentine's day, a Cartier Wallet, a Citizen Eco Drive watch, a LV neck tie, a booklet of love vouchers, a bathing soap for us in the tub. It was the greatest time.

      Even though there are happy and sad time, but by letting the negativity accumulate without solving the problems we had when we realize it is happening, it is already too late. We were at one point like strangers and after I got a job and was sent to Taiwan for training, she called me one day and wanted a break up. I was very depressed during the trip and read numerous of books about marriage all through the nights. I finally realize how to love with respect, care without over controlling.

      I was constantly trying to make the marriage work after, however when one side of the boat pushes the other side will pull. In 2005 around December, I have moved out of home and live alone in a studio giving us a break to work things out in separate ways hoping this will have a better result. Until very recently, her Aunt Mui found out that we're still being married and was very angry at her and force her to file a divorce since she thought it was a joke all along. She still wanted to keep the marriage and work things out however this time she had no choice because the aunt is the one who raised her. I see the stress in her and she's being torn between me and the family, and it is also the time she just got graduate and stressing over job hunting. I decided to proceed on filing the divorce. This is the least I can do to take some of her pressure away.

      The reason I think that we're ended up with this situation is because we're not financially stable or independent, secondly we used the wrong way to communicate which translated into accumulating all the arguments into pain within us, last but not least her Aunt is also a major factor even though I totally understand that there is always a good intention behind her, as she always wanted the best for J, even though she is not being reasonable.

      Comment


      • #18
        True Love overcomes all obstacles !!!


        Love is patient, love is kind. It does not envy, it does not boast, it is not proud. It is not rude, it is not self-seeking, it is not easily angered, it keeps no record of wrongs. Love does not delight in evil, but rejoices with the truth. It always protects, always trusts, always hopes, always perseveres. Love never fails.

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        • #19
          sorry Andy, but "yew" are a liar...your marriage was as phony as you....go back to your own country.....yew are not wanted here.

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          • #20
            Anyway, back to the topic.

            I have discussed with the attorney and will refile a brand new i-751. I will keep it posted so that the ones of you out there who needed reference can follow.

            I truely understand the fact that some people are spoiling the law and some are really in bad uncontrollable situations.

            I hope my posting can help at least the one in need in the future.

            Someone12, I might not be wanted here, but you're always welcome to my country.

            Comment


            • #21
              Someone12, I might not be wanted here, but you're always welcome to my country.

              Wow!! Andy that is the best answer anyone has ever said on this board to bully S12!!

              I wish you luck Andy, I do understand your story (pressure from In Law myself), hope all goes well for you in the future
              -----------------------------------------------------------------------------------------------
              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


              • #22
                Thanks for your support Sprint_girl07, but I'm not bullying S12. I used to study an ESL class back in college, and I do understand why immigration can be negative to some people.

                I am working on the time line with all the main events and will try to be as specific as possible.

                Comment


                • #23
                  You're welcome Andy

                  No, I wasn't saying you were bullying S12, he is the bully. I just salute you for saying such a kind thing and welcome him to your country

                  Take care
                  -----------------------------------------------------------------------------------------------
                  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


                  • #24
                    Hello Andy

                    I was not asking you to go into details about your personal life. If that is something that you needed to do, then so be it. It is a heartbreaking story and I feel for you and your bride. It is very sad indeed.

                    However, Andy the reality to come may be just as sad.

                    Your marriage lasted only 3 or 4 months from the granting of the conditional green card. August 29,2005 and you seperated in December 2005. From an uscis standpoint, it is Not good... not good at all


                    If your lawyer has not told you this, then you should be shopping for another lawyer pronto for consultation on your case and make sure you tell him all the details of your marriage and seperations before you file this 751.

                    BTW. you dont need the lawyer to refile for you . You have a copy of the 751 and the evidences. do it yourself and save the fees or even better...force it back on the incompetent lawyer that did not follow procedure and filed without the final decree. Why should you pay the filing fee for his mistake?? Throw it back at him.

                    Did you file the 2006 as married filing seperately?


                    USCIS is not stupid. Most I/o are prudent in their reviews of applications. Before refiling this app, rethink any evidences or feel free to add many more evidences that the marriage was bonafide.

                    good luck to you and please come back to let us know what happened.

                    Comment


                    • #25
                      One thing that would be helpful (this goes for anyone seeking advice) is to skip the details of the story; give us a TIMELINE

                      Date - What Happenned from a legal point of view - list of evidences, etc... and ststus Denied/Rejected/Waiting

                      Just like USCIS, we don't care about the details, just the facts

                      This would provide anyone interested in helping something to work from

                      The story itself is not really all that helpful in providing advice

                      Comment


                      • #26
                        Originally posted by SonofMichael:
                        One thing that would be helpful (this goes for anyone seeking advice) is to skip the details of the story; give us a TIMELINE

                        Date - What Happenned from a legal point of view - list of evidences, etc... and ststus Denied/Rejected/Waiting

                        Just like USCIS, we don't care about the details, just the facts

                        This would provide anyone interested in helping something to work from

                        The story itself is not really all that helpful in providing advice

                        Michael

                        Andy has already provided everything that you have mentioned here in order for us to have advised him. He even told us where Barack obama's birth record was in hawaii. did you miss that too

                        Comment


                        • #27
                          hey andy,

                          i have the same problem as yours, what u end up doing? did u refile your I751 yet?

                          please advise .. thanks

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                          • #28
                            Originally posted by Andy808:
                            davdah have suggested that I wait.
                            4now have suggested that I refile.

                            Any additional input or agreement after I posted extra info about my evidence and facts?

                            SOM, I didn't want life to be complicated neither, I'd prefer staying happily ever after with my ex. But that's my life. But anyway, happy birthday.
                            More Clarity Please? What Happened with you and your Spouse???? Time line???? It Does Matter!!!

                            Update, My Apology! I Read Your Story. You Were Sincere! Many just like You Suffer This every Day!!! That Dream Of perfection Because It Just Was So Very RIGHT!!! Is Dreamland, I Am Sorry! Doesn't Work That Way! My Best To You, Good Luck!

                            P.S. No one Knows You Here! Do Not Fear Disclosing That Of Personal! It Will Disappear Within The Week! .

                            USA Is Very Complicated!!! USC Live With This Every Day!
                            USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

                            Comment


                            • #29
                              i got married last dec 2006 and separated on august 2007. 1 and 8 months of being married. We filed our divorce on May but because it will take 6 months to process the divorce here in CA, i ended up filing my I751 which was due on May. I got the result yesterday and was denied because my divorce was not final when i filed my I751.
                              i have not talked to my lawyer yet, i will tmrw first thing the AM. I google some info and found your site. I wanna learned more option b4 i will talk to my lawyer.
                              thank u so much.

                              Comment


                              • #30
                                oppp dec. 2005 ...

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