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New I-751 DISCOVERY - EXTEMELY IMPORTANT!

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  • Josephine:

    Thank for your help. I can easily prove that I lived there but it really would help if I can get a copy of the lease because both of our signatures are there.

    Family judge will not grant me a subpoena because the lease is totally irrelevant to my divorce case, however, I am making some diplomatic efforts with her attorney to see if she will produce it, otherwise, they won't have my signature on the property settlement
    :-)

    Comment


    • Josephine:

      Now specifically in my case, I received a call from the immigrations officer months before we actually made thew trip I remember he had told us that the office would be closed 2 days in February, but we didn't go to Detroit until April, now that wasn't even ayear after we were married. So I guess when they call may depend upon how busy the local office is. Hadn't a clue about the 2 yr things then...and so we made plans to go down as soonas it was convenient. It appears that maybe a lot of people fall into the snag, byt thinking that to go early means the procedure is underway. We, as I said, were unaware at the time.

      Maybe in hind sight it was a blessing we didnt.

      Comment


      • Aguila:

        Yes, I did understand your post, but I don't think you understood my answer.

        You wrote, that "What I am saying is that if the case goes to Immigration Court lets say for a review of a waiver I-751 based on bona fide marriage that was denied, if at the moment the marriage broke up, the parties were married for more than 2 years (regardles of when AOS, 751,etc) then the marriage is considered bona fide."

        So, are you suggesting that BEFORE the Immigration Court, the I751 is reviewed by BCIS and they look at the bona fides of the marriage. But as per the I751 form, BCIS requires evidence of the 2 years from date of conditional Green Card, not the marriage. So if BCIS requires that bone fide documentation and then denies the I751 wiaver, are you suggesting that before the Immigration judge, all tht ALIEN has to show is that the marriage lasted the 2 years, and Immigration Judge ignore the fact that the alien does NOT HAVE bona fides for the remaining period?

        This doesn't make sense to me. PLEASE EXPLAIN.

        Comment


        • Aguila:

          Knowing law, and knowing that you claim that the lease records are not germaine to the divorce, how can you " see if she will produce it, otherwise, they won't have my signature on the property settlement"?

          Comment


          • A lot of people are under the impression you just show the marriage certificate to BCIS and you're all set. This was my impression, how wrong I was!

            I've heard the Paki's say, "Stay married for two years, get green card." It would be smarter to say, "Stay married for two years, THEN go get green card."
            Sweet Madame Belu

            Comment


            • Swissnut:

              I know that my spelling is not the best and that many times my thoughts are not clearly expressed in writing but didn't you read "regardles of AOS, I-751, etc" I am not talking about the I-751 here I was talking about proving a bona fide marriage.

              If a waiver is denied by USCIS is then review it by Immigration Judge and not by USCIS of course alien must have documentation to prove bona fide marriage I never said that opposite, I wanted to make a point as far as timeframes are concerned to determine if a marriage was bona fide or not.
              I also wrote "the time of breaking down is reasonable and was after more than 2 years of marriage and there is documentation proving that the couple had joint assets & liabilities they SHOULD approve waiver."

              SHOULD <> WILL

              Comment


              • Aguila, I wish you only the best in your endeavors. If you can pull it off, more power to ya.
                Sweet Madame Belu

                Comment


                • Thank you Josephine, I hope everything will work out and I hope you and your husband get an smooth process with USCIS

                  Comment


                  • Aguila:

                    You wrote...
                    "What I am saying is that if the case goes to Immigration Court lets say for a review of a waiver I-751 based on bona fide marriage that was denied, if at the moment the marriage broke up, the parties were married for more than 2 years (regardles of when AOS, 751,etc) then the marriage is considered bona fide."

                    OK, my question is this....
                    We all know that certain evidence is required of all aliens to prove a marraige is bona fide. Documentation, mingling of funds, cohabitation evidence etc.

                    Your post stated that when "USCIS denies that waiver of I751 based on bona fide marriage and the case is brought before Immigration Judge for review" (I am assuming you mean here that alien then goes to appeal the USCIS denial of that wiaver), then the marriage IS "considered bona fide, if at the point when the couple breaks up, that they have already been married 2 years."

                    But that still doesn't make sense to me....
                    If USCIS denies the waiver I751 based upon a BONA FIDE marriage - what is the reason for denial?...Answer, because the alien self-petitioning CANNOT prove the BONA FIDES of the marriage. In other words, alien does not have sufficient evidence to prove that marriage was bons fide. What other reason could BCIS deny the waiver?

                    So, if alien then appeals that decision to deny the I751 waiver and goes before the Immigration Judge, he still does not have sufficient documentary evidence to prove the bona fides of his or her marriage. You are suggesting in your post that then the Immigration Judge remands the decision USCIS made, and decides that the marriage was BONA FIDE, regardless of the fact that the alien cannot provide sufficient proofs, JUST because that alien had been married for 2 years at the point when the marriage broke up.

                    But how can Immigration Judge ignore the fact that alien DID NOT HAVE the proof or evidence which is required to make the marriage bona fide?

                    Comment


                    • Aguila:

                      Now if I have interpretted your information properly, and that is indeed the case.

                      Why don't all aliens...
                      1. Marry a USC
                      2. Stay married, regardless of whether they live together and co-mingle their funds or not
                      for a period of 2 years
                      3. Then just after 2 years of marriage, alien then divorce their spouse prior to adjudication of and I751, once again regardless of whether they have the documentation they require to prove bona fide marriage.
                      4. File a waiver of I751 based upon bona fide marriage
                      5. Let USCIC deny the petition
                      6. Go before Immigration Judge, without the proof of bona fide marriage, and let Immigration Judge remand the USCIS denial and approve their petition ??????

                      Comment


                      • Swissnut:

                        This argument is totally fruitless and will not help anybody else in this boar. I think you star to read more carefully...

                        "the time of breaking down is reasonable and was after more than 2 years of marriage and there is DOCUMENTATION proving that the couple had joint assets & liabilities they SHOULD approve waiver."

                        "of course alien MUST HAVE documentation to PROVE bona fide marriage I NEVER said the opposite, I wanted to make a point as far as timeframes are concerned to determine if a marriage was bona fide or not. "

                        USCIS approves only 50% or 40% of bona fides I-751 waiver, unless that is information I got from some of the members of this board inlcuding SAMMY and 4now, do you thing that between 50% and 60% of those aliens that get denied they did not have evidence? Nop! because as someone else said the bona fide waiver is a 'trick' from USCIS. Approval rates have also to do with what's the alien nationality [First World countries and Third World Countries], etc.

                        You must also know that if the immigration officer is having a bad day has the authority to denied a petition regardless of how much evidence the alien has provided, that is why alien is entitled to ask for a REVIEW of an administrative decision in front of Immigration Judge.

                        4now has also mentioned that you will be surprised how many times IJ changes these decisions, and I assume the reason why is because they were wrongly denied in the first place because alien cannot go out to make evidence in 35 days before appearing to IJ.

                        Comment


                        • Aguila:

                          I don't agree that this discussion is pointless... you were confusing in your post.

                          First you said that..."What I am saying is that if the case goes to Immigration Court lets say for a review of a waiver I-751 based on bona fide marriage that was denied, if at the moment the marriage broke up, the parties were married for more than 2 years (regardles of when AOS, 751,etc) then the marriage is considered bona fide."


                          Then you said that..."In title 8 CFR section 216.5 says that for a good faith waiver they will look at the lenght at the marriage, they don't mention they will look after the lenght at the marriafe after conditional status was given. ....., but if the time of breaking down is reasonable and was after more than 2 years of marriage and there is documentation proving that the couple had joint assets..."

                          Now the point is this...IF USCIS deny waiver for I751 based upon marriage, for any reason...and the ONLY reason would be that they question whether the marriage was bona fide (cuz that's the ONLY reason for such a wiaver)...then IJ will look at case...and WHY WOULD IJ approve, IF USCIS already decided that there was NOT ENOUGH PROOF?

                          Yes, the conditional period IS WHAT USCIS looks at - because they ASK for that proof with the I751. If they only looka at the first 2 years of marriage - that is what they would ask for.


                          And as far as your comment "do you thing that between 50% and 60% of those aliens that get denied they did not have evidence? Nop! because as someone else said the bona fide waiver is a 'trick' from USCIS. Approval rates have also to do with what's the alien nationality [First World countries and Third World Countries], etc.
                          " I DO NOT AGREE. Based upon immigration law - BCIS or IJ cannot discriminate with reagrd to country of origin, AS LONG as all other eligibility proofs are there. That is bald-faced discrimination.

                          If the percentage of I751 marriage based waivers are denied...it is because there is something which suggests that the marriage was NOT BONA FIDE, not because the USCIS or IJ don;t like the country of irigin. I am not saying that country of origin does not play a part in the review process, because it may be likely due to PATRIOT act and Homeland Security that some aliens from some countries may be a little more scrutinized, but the judgement to approve or disapprove must follow the guidelines et doen by law.

                          So the question still stand - why do up to 50% of these waivers get denied...perhaps it is because of your suggestion that this is a "trick", but I rather think it is because despite the fact that the procedure calls for a review of a marriage after 2 years, USCIS have determined that many immigrants intending to stay in this country are aware that they have only to stay married for 2 years and then they leave or divorce USC. It is my opinion that waivers are less successful because USCIS has already learned that intent to marry is not enough..and that long term commitment (beyond 2 yrs) is more what they wish to see.

                          Comment


                          • Swissnut:

                            Don't forget that Waiver I-751 applications are to an extent DISCRETIONARY and as a SAMMY clearly pointed out there is FINE PRINT in the law that says... that basically states in plain english "that is up to the regional director".

                            I know that is discriminatory to approve or deny people based upon their nationalities, but SO WHAT!? they have the authority to do it, specially as you pointed out in this cases the alien is guilty until proven innocent so they have more power.

                            Even if you don't want to admit it, the Govt knows what kind of people wants in this country and to whom give amnesties, visa waivers, etc, do you think they gave Argentina & Uruguay visa waiver for a while just because the visa approval ratinges were extremely high? Not is because to a point they wanted to have some immigrants from there because they know that in these countries the less educated person has at least 12 years of education, when the number of people they wanted to overstay they cut the program, and I can go on on, so my point is that it does not surprise they might approve people on waiver provisions looking into all these factors.

                            Comment

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