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I-751 what to do?

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  • aguila18
    replied
    Pasha:

    Thank you very much! I know I will be successful but I have the feeling that is going to be hard battle that is why I am getting ready in advance.

    Leave a comment:


  • Pasha Patel
    replied
    Aguila18,
    I wish you all the best...May God get you through it....Good Luck...Pasha

    Leave a comment:


  • aguila18
    replied
    Pasha:

    I did not file for divorce, my wife did and she uses a ridiculous ground of extreme mental cruelty when she was the mental abuser, she threaten me that if I would answer she would hurt my immigration case etc, but I did answer and sue her back, and because all her allegations were baseless she could not proceed and get the divorce so the process got halted until she can pursue a no-fault ground. Although is true that one must inform BCIS if there is a divorce proceeding it will jeopardize my case because in fact the divorce has been halted, and secondly and most importantly because I have chances of getting approved before divorce is final, the important and determinable factor is if divorce is final.
    I will use some my last legal artillery next year to delay the divorce even more if I can... then if I am not sucessful I will let them know and file a waiver..

    Leave a comment:


  • Pasha Patel
    replied
    Hi Wish,

    I don't know where to find those stories to read but if I get them, I will inform u for sure. Well they didn't ask u any private question but at my DCF interview they did ask me and my wife. They gave us piece of paper separately and guess what...!!! asked to write date and time when we last had S-E-X.... That's how it is....

    Hi aguila18,
    Just wanted to bring ur attention in sight.... I guess, SAMMY told in one post that after filing joint I-751, if you file for divorce...you should immediately notify BCIS about it....otherwise they take it as misrepresentation of facts for immigration benefits... isn't that true? I don't know much...Thanks

    Leave a comment:


  • aguila18
    replied
    Wish:

    I filed jointly and have been waiting for more than 10 months already. However a divorce action has been initiated a while ago and I delay it by legally fighting against my spouse attorney and probably will be divorced sometime in March next year, and most likely I would still be waiting for adjudication of this I-751 and because divorce brings a lot of consequences to this situation that had been discussed already I will have to file a new one, or I might be called up for an interview, try to get my divorce quicker and show up at the interview with a new I-751 to have adjudicated on the spot.

    Leave a comment:


  • Wish
    replied
    Aguila:
    You filed the I-751 jointly right?
    What do you mean you will file for a waiver? You already filed the I-751.

    Leave a comment:


  • Wish
    replied
    Pasha you are with me on this! I can not believe that I have someone agreeing with me. I have encountered so many people who are giving me fear. I really would like to read about a case where BCIS just decided to deport someone when this person had the best intentions. BCIS priority should be to track foreign criminals in the U.S. terrorists, illegal aliens who have been here for years...
    I mean as much as we read about being deported, BCIS can be facing some law suits. They are messing with people's feelings. That will get ulgy. The local BCIS in Boston is being sued for AOS delays by 4 couples. There are more stories like that.
    In my interview for my temp green card people were telling me that they would get very personal to the point where they could ask about our intimicy. I could not believe that. That is a violation of personal/moral rights.
    My interview ended up being less than 10 minutes and nothing of that nature was asked.

    Leave a comment:


  • Pasha Patel
    replied
    Wish... you are completely right and thats what i have been trying to tell in other topic posted by Morton...that things just don't work sometimes and that's not a fraud for GC...Thank you...Pasha

    Leave a comment:


  • Wish
    replied
    We are not a bunch of criminals in this country. We came here legaly, school, worked, met someone who thought he/she was the world for us, got married, worked through it, and unfortunately things did not work out. I know I did not commit fraud as I know as many of you guys did not either. There is too much at stake. I think people need to start fearing less and knowing what they have. Simple common sense that is what it takes. Know who you are. Its the most important.

    Leave a comment:


  • aguila18
    replied
    I believe mental abuse is worst than physical and that is what I have been thru. I am getting documentary evidence to support this so I will apply for that waiver in case I am not successful with my pending joint I-751.

    I have not heard about the "insured scenario" but will do research, thanks for your help!

    Leave a comment:


  • 4now
    replied
    Aguilla.. In theory gender should not matter. And then there is real life. Women can be quite brutal. I dont just mean physical abuse either. and many time even there. they are the first initiators of the physical fight and then are the "victims" when the police come. instead of the husband defending themself. There might be a situation where everyday the husband had to endure a wife throwning something at him and he never hit her back for police to be called. But still this is abuse is it not.

    What I mean by canned scenario is . lets say a case using the same situation almost always gets approved. u know what i mean. for example a case like this....

    Suppose a spouse was married but refused thru most of the marriage conjugal rights to the other mate. Suppose it was deliberate just to make the mate feel inadequate... Perhaps she called the spouse repeatedly ethnic slander in addition to this.. this is cruel... and making miserable marriage do u get my drift. Look for a almost "insured scenario" and adjust to fit. Have u heard of any .
    Taking therapy for the issues help becuase those reports will be looked at closely.

    Leave a comment:


  • aguila18
    replied
    4now:

    Mental cruelty works well even if it is a MAN the one that was mentally battered?

    I did not understand what you meant by "canned scenario" if you can give further explanation it will be appreciated.

    Leave a comment:


  • 4now
    replied
    Aguilla. yes i was talking about good faith marriage waivers. this is what i heard from someone in BCIS/Uscis. From what I understand also. the Mental cruelty waiver works very good if your story and proof are presented with the right facts. Only problem is no one seems to be willing to give a "canned scenario" about what "sure thing" those facts are. I have my own creative ideas but again. it will be up to the adjudicator to be convinced.

    Leave a comment:


  • aguila18
    replied
    4now:

    Where are you getting those success approval numbers from? Would you give me a source? Were you referring to MARRIAGES IN GOOD FAITH WAIVERS ONLY or to all kinds of waivers within I-751?
    What about battered waivers based on mental cruelty?

    Leave a comment:


  • 4now
    replied
    Less than 50% of waivers are approved in cases of divorce . Aquilla is telling you to go for the sure thing. get approval then file for divorce. Ins doesnt care after that. procedures were followed.

    Yes. a lawyer will tell you to get that divorce quickly if you know that there will absoulutely be a divorce. this way you can file for the waiver when the 90 days before your conditions to be removed come due. or for the option to come available to you if the joint petition would come up for interview when a couple has already divorced. One of the parties just in seperation is not qualified to file a waiver.. therefore would go out of status and be subject to deportation proceedings. Do you understand now. The advice being given is based on 2 different scenarios.

    Leave a comment:

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