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i751/2nd Interview/Divorce/NEED HELP PLEASE

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  • i751/2nd Interview/Divorce/NEED HELP PLEASE

    I'm in an unwieldy situation and am looking for help.
    Here is my story:


    Nov2000 - Married
    Sept2001 - interview at the Orlando, FL INS office, 2-year Conditional Permanent Residency granted
    June2003 - i751and accompanying evidence sent to Texas Regional Center
    June2003 - NOA received, Green Card 1-year extended
    August2004 - still no notification, USCIS called, Green Card to expire in September 2004
    August27,2004 - appointment at the local (Orlando,FL) office, another 1-year extension of myGreen Card

    My marriage became very troublesome sometime in the first quarter of this year. We both live apart now and are planning lives on our own. We both want/need to get divorce. My wife and I agreed to wait couple months for the answer to my i751 application I sent in June2003.

    No notification, no letter was received until August, so I called USCIS help link in a search for information. I was told there were no changes in my status, no information available, and that I shall make an appointment at the local office to extend my CPR until the case is processed. The clerk at the Orlando office extended my CPR and informed me that my paperwork was shipped to Orlando and I will be scheduled for another interview that shall happen in another 12-18 months.

    Now, we are separated with my wife and are seeking divorce soon. There is no way I could attend the interview.I'm clueless at the moment, not knowing what to do, what course of action to take.

    Would anybody know what my options are, and whether I shall contact a lawyer immediately?

    Thank you very much for your inputs.

    James C

  • #2
    It's a freaking epedemic I tell you


    • #3
      Good day and welcome to the board where many people are facing the same situation, I have the same situation, separated since last June and still waiting for an answer from the USCIS.

      Your best option is work on your marriage, going to the interview without the USC spouse will get you a denial! If that option is impossible, then try to get a quick divorce, and file a new I-751 with a waiver, this will give you a very good chance if your marriage was real and you have enough evidence to prove your bona fide marriage, I don't know how long time it takes in your state to get the divorce decree.

      Check the information you were given regarding the timing of the second interview; 12-18 months period doesn't sound right to me.

      Good luck.


      • #4
        The epidemic continues!


        • #5
          Hi. Thanks much for your replies.

          JohnDoe, here are the requested details/facts:

          I sent out the bundle (i751 + the evidence) in the beginning of June 2003 and received a NOA in a week.

          A year later, around late May 2004 I found on the USCIS web site that cases from June 2003 were being processed.

          After about 2 weeks I called the National Customer Service Center for the first time but was told to call back
          after the posted i751-processing dates would be a month later from my due date.

          I called back in July 2004, and the person made an inquiry and told me the result would be in Orlando in 2-4 weeks.
          And indeed, a letter came in. Although it sad just these two brief sentences: Ready for interview. Schedule interview at your local office.

          On the USCIS web site I applied for an interview and had the chance to talk to one of the clerks on the 27th of August.

          First, the person asked me for my Green Card. I handed him my a-year-ago-expired card and the person cut its corner and closed it in his drawer. Then he asked me for my passport to extend my CPR until August 27, 2005. I wanted to know what the next step would be and received an answer that my paperwork was transferred here to Orlando, and I will be scheduled for an interview (I had my first interview in September 2001). Because the office is processing requests from February 2003, he expects my interview to happen sometime in between 12-18 months. That's all. There was no i751 decision in written form, just the words of the clerk I spoke to 5 minutes.

          Please let me know if you had any suggestions as what to undertake next. I understand your questions - a friend of my, who married half a year after me and went through the same process, was invited to his first interview in July 2004 and was granted the 10-year Permanent Residency statut.


          • #6
            Hello James

            Yes I understand your friend who got married after you getting his 10yrs card b/c he was married for 2yrs already when he got his interview.

            Here is what I do not understand. Orlando wait time for adjustment of status for the last few years has been 36 months! I dont know how you got a first interview in less than 1 yr. that was very unusual. The good news is that 751 were not taking that long there. only about 13 months. Sounds like a mixup of info from the office there. Suggest you make another inquiry. The folks at orlando are notorius for speculation. Your interview will probably be shortly.

            John Doe:

            751 Interview is a must! see section 216c 1b of Immigration and Nationality act in regards to removal of conditions. USCIS has a right to waive interview which they do in many cases.


            • #7
              Why you didn't apply for the Naturlization after 1 year of filing the I-751?


              • #8
                Hi all:
                thank you again for your responses.

                If I fully understand the process, I do not need to consult a lawyer I believe:

                I will officially dissolve my marriage and submit the 751 waiver, possibly before the
                second interview takes place (assuming the info I received [12-18 months] was incorrect).
                Should the interview be scheduled while the divorce still in process, I will notify the USCIS by letter that I'm divorcing and, therefore, I can't attend the appointment and
                will be submitting the 751 waiver. Some of the evidence included here would be copies of the same documents I already sent in the first bundle + a cover letter explaining my situation. Or shall I perhaps re-send all the evidence that was included with the first 751 + new documents?

                Next, I'll be calling the National Central to put an inquiry in effect.

                Please correct me if I'm mistaken anywhere above.

                INStress: I did not apply for Naturalization, for I didnt know it would have been a very smart move.


                • #9
                  James c:

                  Everyone has given you great advice here. I hope you have read some of my post for better understanding as I am in the EXACT same situation as you are, but have already gone through some stages [I am already divorced, and I already re-filed the I-751].

                  You must understand that YOU MUST have the DIVORCE DECREE in order to re-file the I-751. The only thing you could do if you are called for an interview while you are in divorce proceedings is to ask USCIS to re-schedule you so you can win some time and get your divorce finalized.

                  It is my understanding that the divorce process is pretty fast down in FLA, maybe 3-4 months, so that should not be bad.

                  If you ever want to share your frustrations of if you just don't want to feel alone during this process knowing that there others out there going through the same you could feel free to write me at :

                  Good luck!


                  • #10
                    HEY AGUILA ! I thought we were gonna get together for lunch or dinner and pick up some babes


                    • #11

                      We will definetly meet up. I sent you an e-mail that you never reply.

                      I am very busy now since my mother is here. Can you give me suggestions to prepare for the LSAT? Did you go to Kaplan?


                      • #12

                        I believe that the only part of the LSAT that you can "prepare" for in any substantial way is the logic portion. The other sections there are only really tips that make your process more efficient. Some people, however, perform better on the logic section if they learn some tools like grids or charts and stuff. You may or may not feel a Kaplan course would be useful to you. Of course the LSAT is weighted very heavily in some schools, so I can understand your concern. I wish you the best of luck.


                        • #13

                          I think I am going to save myself the $1200 that Kaplan wants for the 8 weeks course. However, taking into account that Law School will be an investment of $100,000 the money spent on preparing the LSAT might be well worth. I will get some LSAT books and do some tests and depending upon how I'll do I will make my decision.

                          The LSAT will be the most important test I will take in my life thusfar and therefore I am very concerned about it, since I would like to be admitted to NYU.


                          • #14
                            The BEST ABSOLUTE BEST thing you can do for LSAT prep is to order as many prep tests from the site and take as many of those as you can; ESPECIALLY the LOGIC GAMES sections!!!! Take at least 20 of those tests; and master the logic games. I wouldnt bother with the exprensive prep courses. There is a book called the LOGIC GAMES BIBLE (I think its called that) and mayve a KAPLAN course on CD for $50 or so. But I doubt the prep courses will help you any more. The main thing is getting those prep tests. They are actuall exams with answers and solutions from the past. Take at least 20 or more of those tests and redo them agaian and again and again. Take them under timed circumstances as well. There is no better preperation. Then the night before the test, relax and take in a movie.


                            • #15
                              RANKING OF LAW SCHOOLS IN NEW YORK CITY AREA

                              (PT indicates that the school offers a part time as well as a full time program; it is HIGHLY reccommended that a student over 25 go part time)


                              1. Columbia
                              2. NYU (Virtual tie with Columbia)
                              3. Fordham (PT)
                              4. Brooklyn (PT)
                              5. Cordozo (PT day only)
                              6. St. John's (PT)
                              7. Hofstra (PT)
                              8. Pace (PT)
                              9. New York Law (PT)
                              10. Touro (PT)
                              11. CUNY

                              My impressions of these schools

                              It is reccommended that Touro be avoided unless desire to be a lawyer is strong and the applicant young. Very poor reputation.

                              CUNY is a terrible school but the extremely low tuition makes it a potential candidate for young applicants. Many blacks and other undesirables.

                              Columbia/NYU are virtually tied; Columbia is more high brow; NYU has a lot more personality.

                              Brooklyn is fast becoming a first tier school. Beautiful facility and near many court rooms in booming downtown Brooklyn.

                              Cordozo is considered by many to be better than Brooklyn, but its facilities can't touch Brooklyns.

                              Fordham has long been ranked alongside or close to NYU and Columbia and still considered first tier.

                              Hofstra has a new evening part time program which I am a member of the first class.

                              Columbia- Corporate Law

                              NYU - Corporate Law/ Beautful Facilities

                              Fordham - Corporate Law

                              Brooklyn - Criminal Law/ Beautiful Facilities

                              St. John's - Criminal Law/ Nice Campus

                              Hofstra - Family/Immigration Law/ OK campus

                              Pace - Enviornmental Law/ Beautiful campus/Very few blacks/Lots of girls


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