Announcement

Collapse
No announcement yet.

I-751 what to do?

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

  • I-751 what to do?

    I am married to USC who has now left me. I have been in this country for 6 years prior to my marriage and we fell in love. He said that he is willing to help me obtain my GC eventhough we are seperated. As a matter of fact, he just committed to signing my lease for next year eventhough he is not going to be living with me. He would still like to support me. I consulted an attorney who informed that if there are no hopes of getting back together I should divorce him. Another attorney told me that he does not believe in divorce and I should work with my husband. I read in one of your postings that if an interview is called for my permanent I-751 I should go with my husband or if at the time he changes his mind I should show up with a divroce decree (if I go alone). What should I do?
    I am a conditional resident and my card expires July 2004. So should I go ahead and file as if he was living with me since he signed the lease or work on getting my divorce final?
    Thanks for providing me with any kind of information.

  • #2
    I am married to USC who has now left me. I have been in this country for 6 years prior to my marriage and we fell in love. He said that he is willing to help me obtain my GC eventhough we are seperated. As a matter of fact, he just committed to signing my lease for next year eventhough he is not going to be living with me. He would still like to support me. I consulted an attorney who informed that if there are no hopes of getting back together I should divorce him. Another attorney told me that he does not believe in divorce and I should work with my husband. I read in one of your postings that if an interview is called for my permanent I-751 I should go with my husband or if at the time he changes his mind I should show up with a divroce decree (if I go alone). What should I do?
    I am a conditional resident and my card expires July 2004. So should I go ahead and file as if he was living with me since he signed the lease or work on getting my divorce final?
    Thanks for providing me with any kind of information.

    Comment


    • #3
      Finally!

      A USC who is supportive of his alien spouse!

      Wish, you are VERY lucky lady.

      Per your question, there are plenty of threads on this forum regarding I-751, check them out.
      Sweet Madame Belu

      Comment


      • #4
        I have checked out a lot of the threads. However, one of the attorneys informed that if i do not get a divorce right away and I am called for an interview they would not give me my GC because this is not a marriage since we have been seperated. The attorney said that even if I go to the interview I will be considered out of status and would now need to divorce to obtain my GC. That could put me out of status and eligible for deportation. So I am better of filing for a waiver. I just think that the attorney is wrong. Who does he think he is? If my husband wants to help me he will. If for some reason we get a divorce not because the attorney said so but because my husband found someone else than its sensible that I show up at the interview with a divorce decree and end of story.

        Comment


        • #5
          Choose your actions wisely...

          Remember that a Divorce Lawyer will have NO IDEA what the immigration rammificatins of your choices will be... You need to deal with the civil side as well as the immigration side of this issue...

          I concur with Ms. Schmo - read some of the many posts out there regarding I-751s and divorce... Some of them get a little 'personal' or 'opinionated' but I think you will learn a lot about how your life will be affected for the next several years based on your choices now... Keep in mind that your divorce must be FINAL if you will be filing seperatly from your future 'ex'... Otherwise, be prepared to remain married for a few more years (you have about 2.5 yrs to go on your I-751...)

          ARQU

          Comment


          • #6
            I think your lawyer might know a bit more than you think... On the surface it soundes like he is right about the mechanics of what will happen... If the BCIS can prove you are not still married (or are living apart) they will deny your I-751 application if they call you in for a final interview...

            ARQU

            Comment


            • #7
              Don't listen to these knuckleheads. Do NOT get a divorce. Do NOT apply for I-751 and "show up" with divorce papers. You are not entitled to benefits and what you are doing is fraud. You might get away with it but how will you feel about it for the rest of your life ? The most logical thing is to discuss the situation with your spouse and reconcile. And I mean be sincere or don't do it. That being said, if you are still married and he signs the I-751 and provide plenty of proof, you will most likelt NOT have an interview. If you get divorced, you have to file a waiver and definitely be called for an interview and waste a whole day at immigration. If you file based on an ongoing valid marriage and show up with divorce papers, they will kick you off a building and you will have to refile a new I-751 and re do the whole process all over. It might seem that you were decent to the guy so he is being decent to you.

              Comment


              • #8
                Seems like divorce would be the right thing to do. But I thought that if we both went up for an interview it would be ok since he is testifying that our marriage was a bona fide marriage. I have been going back and forth about this. I have sufficient proof taht the marriage is bona fide.After all it would be 3 years of marriage next February. INS can disregard those years and just deport me? What about all the fees paid and doctors? What about the time we have been together? What about moving for him so we could be together? That does not count? What a depressing situation.

                Comment


                • #9
                  Yes it certainly is...

                  Here are the facts:

                  1) You need to file your I-751 next summer. Either you stay married and both file to remove conditions or you file a waiver at that time.

                  2) If you planning to file a waiver, you have three to consider. A) Bonafide Marriage that ended B) Abusive (and documented) marriage) C) Hardship.

                  So what does all that mean?

                  a) If you think you can remain married and live together for a few more years - file jointly...

                  b) If you plan on trying to fool the BCIS - DONT GET DIVORCED. A check of state marriage/divorce records are standard practice with the INS. If you are divorced, they will know it if they decide to check.

                  c) If you want to file under the good faith waiver next summer - your divorce will need to be FINAL or you will not be able to.

                  d) If he/she is abusive - get it documented by professionals... and use that waiver

                  e) Forget hardship waiver - that one is almost never granted...


                  This dosen't even take into account the complications that occur if you divorce AFTER you file the I-751 but before the case is heard...

                  Sorry - but you have a few years of a rough road ahead of you. Keep doing your research and BE SURE before you act...

                  ARQU

                  Comment


                  • #10
                    The sensible thing would be to divorce under the good faith marriage so I can file for the waiver. This is what I fall under because our love was based on respect for one another.

                    But what would be the implications of filing the I-751 and then getting a divorce?
                    I know I will get first an extension of my GC and then I will have a permanent GC. We thought it would have been alright to file the papers jointly and then getting a divorce. But reading from what I am right now my best bet for a GC is divorcing.
                    After I file for the waiver how long will it take for me to get my GC? Would I be getting a one year extension once they receive my request for a waiver as well?

                    Comment


                    • #11
                      Wish: First I'd like to say I do feel for your circumstances..but you do need to keep in mind that no matter how compassionate your USC spouse's sentiments are at this time, before the I751 adjudication, a lot can happen. I'm not suggesting that you should think this way, but be prepared for a change of heart. Although it may not even come from your spouse, there could be other influences....like perhaps another person in his life, or a move, career change where he may no longer be available.

                      So, look out for yourself, and don't count on the cooperation of anyone else in this matter.

                      Just a few things to keep in mind..
                      1. If you can easily prove a BONA FIDE marriage, then there is no reason to hold up or not follow through with a divorce, and once the divorce is final file for a marriage based waiver. But be sure that the divorce is final before filing.
                      2. There are differing opinions on this board as to whether the alien filing first in a divorce is best. I belive Sammy answered that question to me on another thread, and he said that becz my spouse (alien) filed for divorce first it meant that the marriage was intolerable and places a little more blame on me. That was not the case in my marriage, as I had always wanted to work on it but my spouse did not. Hearing Sammy's advise really surprised me, although I fully believe Sammy's information. Before hearing that information, however, I had thought that if I filed for divorce first, being the USC, it would appear that I had given up on the marriage....and that simply was not at all the case. So please consider that point carefully.
                      3. If there is a chance of reconciliation of course I would recommend that highly. There is still time to do the above, if at fails as long as you don;t leave it too late, and cannot get the divorce over with in time for filing a waiver.
                      4. What state do you reside in and what, if any, are the required grounds for divorce? This is important to consider, as there may be a mandatory separation period which could delay a divorce, should it come to that.
                      5. I think clarification needs to be made on your statement that you "should show up with a divorce decree for an I751 interview". First, interviews are not always conducted...but if you and your spouse file a jointly signed I751, and you are divorced by the time your jointly filed I751 is adjudicated, then in deed if for some reason you are called for an interview, you have troubles..becz that is strictly against protocol. So if you consider having your spouse sign the I751, you had better be sure he won't divorce in the meantime.
                      6. Be sure to check out Michael's information, bcz I am not sure he is right. If you are divorced and have already filed a joint I751, and are called in for an interview with divorce papers, he wrote that you will have to start the process all over. I believe that is not correct. I believe you would be out of status and would be placed in deportation proceedings...so be careful of what you read. "Ask Sammy - he knows everything"
                      7. Just don't count on your spouse being available to go to an interview with you. A lot could happen in the meantime. I would cover all fo your bases, and be prepared for whatever outcome.

                      Comment


                      • #12
                        Michael was right in the fact that an alien can show up at an interview with a divorce decree and a new I-751 based on a waiver provision.

                        The new I-751 that you are taking to the interview along with all the evidence of bonafide marriage and divorce decree will be adjudicated in the spot and will replace the one that was previously filed.

                        Comment


                        • #13
                          Once the replacement takes place do I get my GC on the spot as well if approved or do I have to wait more?

                          Comment


                          • #14
                            You would get as you would have gottin if your jointly one was approved, the time frame might vary as to when you received the card in the mail, but if you are approved you would get your passport stamped stating that conditions had been lifted and that you are now a LAWFUL PERMANENT RESIDENT

                            Comment


                            • #15
                              Thank you so much for your help.
                              Are you an attorney?

                              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