Announcement

Collapse
No announcement yet.

Divorce I-751 Waiver Question

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • Divorce I-751 Waiver Question

    Does anyone know if it will have any bearing on the waiver being approved if the immigrant applying for the waiver is the defendant or the plaintiff in the divorce case? Is this even an issue they consider when evaluating the waiver application?

    Also, will they only look at date of the divorce or will they also want to know date of separation? He left very soon after the conditional green card arrived (2 months after and just under one year of living together as a married couple), but we had to wait one year before we could start the divorce process. (NY State laws - there's no 'no fault' divorce and we didn't have other grounds.)

    Any insight would be great.

  • #2
    Does anyone know if it will have any bearing on the waiver being approved if the immigrant applying for the waiver is the defendant or the plaintiff in the divorce case? Is this even an issue they consider when evaluating the waiver application?

    Also, will they only look at date of the divorce or will they also want to know date of separation? He left very soon after the conditional green card arrived (2 months after and just under one year of living together as a married couple), but we had to wait one year before we could start the divorce process. (NY State laws - there's no 'no fault' divorce and we didn't have other grounds.)

    Any insight would be great.

    Comment


    • #3
      New York Grounds for Divorce include adultery and abandonment; you did not have to wait one year; also New York allows annullment based on fraud. It matters not who filed first or when seperation occurred; only the motivatin for entering the marriage. If you have proof of fraud, present it to USCIS and sue the fraudster (you can get millions $$$ in damages if successful). If you participated in the fraud, you can go to jail and pay $250,000 fines. It is in your interest to show USCIS that it was a unilateral fraud or else you will go to jail.

      Comment


      • #4
        I didn't participate in any fraud. I was in the relationship for real and I have no proof of fraud on his part, other than his desire to leave soon after he got the greencard. There was no adultery and even in NY, abandonment has to be for one year. There were no other grounds that were suitable in this case and I didn't have the confidence at the time to pursue annullment. I would be happy to be able to prove fraud, but not sure what proof there is, or if it's worth the energy. I'm not looking for a battle, just not looking to help his case at this point. I prefer to put the whole thing behind me and leave the burden on him to try & prove a bonafide marriage. He has little proof, since we weren't married that long. I just wondered when he makes his case in the waiver, if the story of the end of the relationship and who is initiating the divorce could be a factor.

        Comment


        • #5
          if you have not filed for an divorce/annullment by now then yu deserve what appens to you; you do not have to wait one year; i think maybe you are the fraud; good bye

          Comment


          • #6
            ok on a serious note; for him to get his conditions removed he would need a long list of evidence. As long as u didnt have joint bank accounts, did not file taxes together, no proof of u living together, he would have a very hard time proving a bonafied marriage.

            on the other hand, there is a saying, what goes around comes around. Let nature/god take care of it, and you should concentrate on taking care of yourself. look forward in life, and refrain from anything thought that reminds of u hatred.

            u will live a bit longer an happier, dont get tied into petty BS that may and may not get you any results. whats done is done.

            Comment


            • #7
              Bottom Line,

              You can ONLY file for a waiver if the divorce is final.You have to be legally divorced.
              Then you can file for a waiver and all this needs to happen before your conditional expires.
              If you file for a waiver,to remove the conditions and your divorce is not final.You will be denied,right on spot.

              Just to make it clear to you,bein seperated means s.hit.You have to be divorced in order to file for waiver.And you have to add a certified decree of your divorce into your waiver application.

              Plus every single evidence,that you married because of love meaning proof that your relationship was real and true prior to marriage,such as dating period prior to marriage, then you have to proof the marriage was real,same address,same bills in both names,same address on drivers license,same address on paystub,credit cards on both names,traveled together,lots of pictures before marriage and during marriage.Affadavits from friends and family the marriage was real and entered ONLY in good faith.
              These are the facts...

              Comment


              • #8
                Can someone tell me how long it takes to get the receipt case # to track. I see that my check was cashed last week of May, but I still have not received the case number. CA center for 751. Thanks

                Comment


                • #9
                  It takes years for the grinding wheels of immigration to work out so don't waste your time checking. If you really wanted him deported you would have annulled the marriage based on fraud by now. I think you are the fraud pretending to be the spouse.

                  Comment


                  • #10
                    Sodium Hypochlorite

                    Comment

                    Sorry, you are not authorized to view this page

                    Home Page

                    Immigration Daily

                    Archives

                    Processing times

                    Immigration forms

                    Discussion board

                    Resources

                    Blogs

                    Twitter feed

                    Immigrant Nation

                    Attorney2Attorney

                    CLE Workshops

                    Immigration books

                    Advertise on ILW

                    EB-5

                    移民日报

                    About ILW.COM

                    Connect to us

                    Questions/Comments

                    SUBSCRIBE

                    Immigration Daily



                    Working...
                    X