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  • Extended I-551 what forms?

    If the marriage to USC is not finalized but we are able to file jointly I-751 however, the I-751 is denied what forms do we file to request the service center permission to finalize the divorce and come back with a waiver?

  • #2
    If the marriage to USC is not finalized but we are able to file jointly I-751 however, the I-751 is denied what forms do we file to request the service center permission to finalize the divorce and come back with a waiver?

    Comment


    • #3
      You ask Immigration Judge for Continuance on your REMOVAL PROCEEDINGS to have your divorce finalized, however, is not 100% guaranteed that you Continuance will be granted.
      How is the situation with your husband going on?

      Comment


      • #4
        How do I go about asking Immigration Judge for continuance?
        How can INS just kick me out of here if I am nto divorced yet? I just do not understand this part. can you please explain.
        Husband will be moving out in January. My divorce will not be finalized by then so I can apply for a waiver.

        Comment


        • #5
          Don't be thinking to much ahead of things. I guess you ask Immigration Judge for contiunance when you are in front of him.

          USCIS will not 'kick you out' they will just put you in removal proceedings.

          Who is going to file for divorce? I thought you and your husband agreed to do not get a divorce until your I-751 is approved...

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          • #6
            Yes we agreed to that. But he told me that he will be moving and most likely in January 2004. If I put 2 different addresses down INS will want interviews. He signed our lease for the full year next year though.

            Well will INS give me a number to call so I can have my case heard in front of an Immigration Judge? I would like to request continuance if i am put for Removal proceedings. There is a problem with that too. How long will I be in removal proceedings?

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            • #7
              Aguila I really appreciate everything you have been telling me. Its so stressful and what a limbo we live in.

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              • #8
                Wish:

                You will not be going to Immigration Court unless your I-751 will be denied... you have great chances of having your I-751 approved before getting divorced. Putting 2 different addresses will not necessarily trigger an interview. Couples can move too! Don't think about removal proceedings yet, you have a long way to go before that.

                File your I-751 jointly and then if you get divorce in the middle file a new I-751 based on a waiver provision.

                Comment


                • #9
                  Did you go through the same thing I am going? Or are you an attorney? I keep it in mind that this is what I should do-file it jointly and not get a divorce. So many say otherwise. I am going with my common sense which is the same one as yours.
                  Its just that if my I-751 is denied, I would need to know what are the steps I should take. I actually wonder, what would happen if he decided not to come to the interview. We are married. Either one INS would postpone (I do not think they would deny it just like that( makes little sense) or It would be sufficient if I showed all the bonafide documents they requested.
                  But you are right I have a few months on me. I need to be prepared for the worst. I am trying to think more positive. You give me some strength.

                  Thanks

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                  • #10
                    Wish:

                    I am going through what you might be going in the future.

                    To give you a little bit of my background, I filed Jointly I-751 on January 2003 with VERMONT. In April 2003 my wife filed for Divorce, she threathen me not to answer her complaint etc etc, but I did and now the divorce case is pending until March 2004, still my I-751 will be adjudicated after March taking into account the pace for processing I-751's at VERMONT.

                    I will most likely have to file a WAIVER I-751, or appear at an interview for my JOINT one and ammend my jointly filed for a waiver one. To qualify for the waiver you must be divorced, and that is the tricky thing in your case if you are called for an interview he does not want to help. If that is the case you would have to somehow try to rescheduled the interview, and file immediately for divorced, most likely you will not be done with your divorce before the interview or you might it dependes on the State you reside and the issues of the divorce (alimony, child custody, etc) but at least yo can show up at the interview with some papers showing that a divorce has been filed.

                    Comment


                    • #11
                      Wow that is something you are going through. I did not think it would be getting this complicated.
                      If I have interview and he cooperates what kinds of things would they be asking us? Its just so weird to be at an interview when things are not right between 2 people. If my husband is cooperating does INS have still the right to deny it. One attorney said that the advantage of the waiver is the fact that I can prove myself the bona fide marriage. My husband will not need to be there and I can prove my case. But this rush rush get divorced is just not right either and considering the fact that very few waivers approved the odds are for me to stay married and have my husband cooperate. He is willing to do so.
                      I really have a lot of respect for you.

                      Comment


                      • #12
                        aguila do you think that if you went to the interview by yourself they would not give you the PR? They might tell you to come back in a later date with your wife. And you would have to wait for it to be rescheduled. If you told them that she could not attend the interview because but bla bla...
                        The worse they could do would be to tell you that she needs to come back with you. By then, you would have had more time too as interview may take up to 6 months. The reason I am saying this is because wouldn't there be a slim chance that they give you the visa even if she was not there? If you had a notarized letter or something like that. (an attorney told me that once) In your case she will not collaborate it seems like. I am just exploring other options that is all- if any.
                        I think just like you. The chances of getting I-751 approved are obviously 100% sure before the divorce.
                        What a difficul time. Since I still have sometime before I file i think i will be visiting my family beggining of the year next year so I can take my mind away of this. We come back refreshed at least.

                        Comment


                        • #13
                          Wish:

                          This issue really gets complicated, and the problem is that USCIS has not addressed this issue, but I found out about all these things by doing the proper research.

                          It is also really tricky to show up for the interview when you guys are no longer together, and 4now in another post has mentioned that it could not be it a good idea because they might think is sham marriage. Let's just say they asked something that you would not know because you are no longer living together for example, it would cause problems and I don't think is a good idea to show at the interview and mention that you guys are temporarily separated because you are having some problems in the marriage.

                          The attorney was right in the fact that by filing a waiver you don't need your husband anymore, but the BURDEN OF PROOF is on you. On a Joint I-751 the BURDEN OF PROOF is on them.
                          The burden of proof means that in a waiver I-751 YOU have to prove that did not marry to obtain a GC and when the I-751 is Jointly filed, THEY MUST PROVE that you guys did not marry to circunvent immigration laws.

                          As an additional note, I want to share with you that when my wife and I got separated she promised me she was going to help me with rest of the process including from the filing of the I-751 until the approval, however 5 months later she filed for divorce. I am not saying that your husband might do the same, but just keep it in your mind.

                          In conclusion I would say that the best thing that could happen is getting approved on the joint I-751 without any interview and before getting divorce. Then if you are called for an interview is risky for the things I explained above, so what I would is try to postpone the interview, file for divorce and try to get it before the rescheduled interview so you could show up at the interview by yourself. Now I would try to find out more information if you can show up at an interview with your husband and state that you are currently separated but hope to get back soon and that you got separated because you guys need to work on some differences. This is totally understandable from a normal point of view, but it will probably look fishy for USCIS, I don't know an attorney might know.

                          I am sorry to give you bad news all the time, is not my fault that this situation is complicated, its driving myself crazy. However, I consider that is useful for you to know all the details so you are more ready to make your decisions.

                          [This message was edited by aguila18 on December 01, 2003 at 01:34 PM.]

                          Comment


                          • #14
                            I wanted to add that there is no way to get approval on I-751 if it was filed jointly and then one of the spouses failed to appear for an interview. It is really clear on the law, that BOTH must appear.

                            It is also clear not in the law but there is a case where it states that if divorce happens prior to the adjudication of a pending jointly filed I-751 then that jointly filed I-751 becomes void.

                            Ultimately, getting approved on a jointly filed I-751 without interview but AFTER you got divorced, will put you in removal proceedings when you file for naturalization, because they will find out that they approve you after you got divorce. How they will find out? Because you have to submit copies of your divorce decree when you apply for naturalization.

                            Comment


                            • #15
                              Wish:

                              I will no longer be a part of this board, if you have more questions leave your email here and I will email you.

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