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  • chara
    replied
    To all who took the time to hit this question..many thanks..ok to explain a bit more..first off...he not she!..filed on advice of Info center singly...got GC just a couple of months before marriage was two years..that's why condition...divorce was four years to the day after marriage (weird huh?)...hope enough proof etc but hard to know...left very secure position to come to US...no need to come here except for love(!)..yeah bit cynical now....not a youngster late 50's..English although I came here from the Caribbean where I worked at same place for eight years..so????

    Leave a comment:


  • Anita
    replied
    my expression of contradiction/joke was at no means to anything written by anyone of you in the reply, but MY PERCEPTION of the PRECARIOUS situation an immigrant finds themselves in, under those unfortunate circumstances.

    I thank you for your time and effort in helping all of us here at the board.

    Leave a comment:


  • swissnut
    replied
    JD:

    I know we have already discussed this matter on previous threads...but to answer your question succinctly - if USC spouse "requests" to withdraw a jointly signd I751 petition, before it has been adjudicated, then the matter will be either considered or denied, based upon the merits of the "request", i.e. the preponderance of information which would lead USCIS to consider it plausible and the reason for the request for withdrawal.

    If the request to remove the petition is denied and the petition remains in place, however, most likely the petition will be flagged and an interview scheduled. There is comprehensive information with regard to this issue on several threads, and I posted something on this matter which was garnered from a conversation with an immigration attorney on December 23, 2003. If you cannot find the thread let me know and I'll search for it for you.

    Leave a comment:


  • JohnDoe
    replied
    what if USC sends letter to withdraw I-751 after signing it and alien sending it to service center?

    Will BCIS withdraw the I-751?

    Leave a comment:


  • Aguila
    replied
    Anita:

    I thought that chare filed a Jointly I-751, but now I can see that is not the case, that rather she filed a WAIVER I-751 BASED ON MARRIAGE ENTERED IN GOOD FAITH THAT ENDED THROUGH DIVORCE.

    I would not spend so much time writing lenght explanations only to do ugly jokes.

    What I meant throught my posts is that IF there is a JOINTLY FILED I-751 and the alien gets divorced after the filing BUT PRIOR to its adjudication, then alien must be divorce or his JOINTLY FILED I-751 will be denied, conditional status terminated and put in removal proceedings.

    However you should know that an alien can get approved a JOINTLY FILED I-751 without interview, if the alien once again gets divorce after the filing and before its adjudication gets divorced, and USCIS doesn't know anything about and then alien gets JOINTLY FILED I-751 approved, alien will MOST LIKELY FACE DEPORTATION IN THE FUTURE, because should have USCIS known about the divorce, THEY WILL NEVER HAVE APPROVED THE JOINTLY FILED I-751.

    You should also know that in almost every IMMIGRATION APPLICATION the marital status is asked and it is mandatory to submit copies of marriage certificate/divorce decrees, etc...

    So if an alien who got conditions removed and therefore full permanent residency files for naturalization under this circunstances USCIS will know that alien got divorced prior to get the decision on the I-751, they will revoke alien's green card and put him in removal proceedings for 'misrepresentation of a material fact' which falls under 'immigration fraud'.

    Finally, even if the alien never files for naturalization or any other petition, if the USC spouse files for another person she/he will have to send copy of the divorce, so they could also know this way...

    Is it clear now?

    Riorda:

    I am a Paralegal as well and I have done plenty of research, you must know that WAIVER IMMIGRATION PETITIONS ARE DISCRETIONARY, and that means that USCIS could approve or deny the petition even if you show one piece of evidence of millions of it.

    Talk to attorneys and ask them if all the waivers based on marriage entered in good faith are approved... and you will find out for yourself...the fact that you might millions of evidence does not prove the fact that you 'entered into a marriage in good faith' and you must know that they not only look at evidences such as financial stuff, they look at the duration of the marriage, how long after you got your conditional green card did you stay in the marriage and many other things... you better be aware of all these things...

    Leave a comment:


  • Riorda
    replied
    Thank you, Pasha for clearing it out for me.
    Spasibo.

    Views will remain viewes, but what can I say, every case is different. I don't think anybody can know exact numbers of approved.

    Good evening to you too.

    Leave a comment:


  • Riorda
    replied
    Anita, what is your question? And why are you writing all this..

    Leave a comment:


  • Pasha Patel
    replied
    Hi Riorda..

    Not at all... Plz don't misunderstand me... in fact I really appreciate your views on I 751 coz I saw the same thing on other boards and websites ... that they get approved in bunch ... but here on this board the info is little bit different ... so I don't know how true those data are... as don't know the solid proof about it...but still I agree with you as your views are just as mine....Have a good day...

    Leave a comment:


  • Anita
    replied
    Continuing with my earlier confusion:

    Riorda could you tell from what you have learnt or experinced, whatdoes the law say about alien filing for naturalisation who get gc after divorce.
    Is it norm/true, what i understood from Augila's post reply above, that citizenship is denied and alien is removed.

    So what are other options for those who entered in good faith in a marriage and had to bear the agony of divorce/seperation court applications etctec and then go on living here as LPRs for rest of their lives....

    What do you personally think or say about this situation sooooooo many like you are facing.

    Leave a comment:


  • Riorda
    replied
    Do I sense you being cynical, Pasha?

    Leave a comment:


  • Pasha Patel
    replied
    Thank you Riorda for your views ... I appreciate that....

    Hi chara ... answer to ur question is ... if your extension runs out...u should go and get stamp in your passport ... don't create extra trouble for you ... good luck with your case...Pasha

    Leave a comment:


  • Riorda
    replied
    Here is some info.
    I am filing through the immigration attorney in Vermont. Divorced in December. I was going ti file jointly and then get divorce, but was strongly advised to get divorced first to avoid complications. With divorce decree you are sending all the proof of your marriage being bona fide ( that it had been bona fide) and checking on the form : that the marriage was entered in the good faith but was terminated through divorce box.
    I do not know where this data has been taken from...that they approve only small number of applicants. I don't believe so. I do not know any bona fide relationships, that would break up and that the lady would go back home. If you have enough proof- it is very hard to proove that you were faking it. Being an attorney in the country where i am from and paralegal here I have red all available information in regards to this matter. I don't think that people with enough evidence would be deported for no reason, unless they are here already illegaly.

    So good luck. I am going through this process myself now too. So I understand how you must be feeling.

    Leave a comment:


  • Anita
    replied
    Dear Augila,
    Please help me understand (seems like contradiction/trick/uglyjoke to me) what you mentioned in the reply above.

    Divorce/Seperation paper are required BEFORE going for interview and getting GC or ReMOVED
    And USC or other app will be denied when they realise that DIVORCED before GC issued.and so REMOVED.

    Kindly direct some light

    Leave a comment:


  • chara
    replied
    Aguila..thanks for info..divorce through in June 2003..Lincoln is the Center..Denver Office is where last interview was held...any help is greatly appreciated.

    Leave a comment:


  • Aguila
    replied
    chara:

    I want to copy one of my responses to another person with an I-751 and marriage break-up issue:

    "You should check the zillion posts I have made in this issue, specially my responses to Wish, and also check posts by ARQU.

    I have the same issue, more complicated though, because my wife already filed for divorce and most likely will be granted before interview or approval notice on my I-751. I also have 6 months to go with VSC for the processing of I-751.

    If your wife does not go the interview with you because you already divorced or separated but in bad terms your JOINT I-751 WILL BE DENIED, THERE IS NOT IF AND BUTS IN THIS SITUATION, USCIS ADJUDICATOR MUST FOLLOW THE LAW WHICH STATES THAT IF ANY OF THE PARTIES [EITHER USC SPOUSE OR ALIEN] FAILS TO APPEAR TO INTERVIEW THEN I-751 IS DENIED AND CONDITIONAL STATUS IS TERMINATED AND YOU WOULD BE PUT IN REMOVAL PROCEEDINGS.

    IF A DIVORCE IS FINAL THEN YOU COULD AMMEND YOUR PREVIOUS JOINT I-751 FILED AT THE INTERVIEW BY BRINGING ANOTHER I-751 WITH YOU TO THE INTERVIEW WITH THE 'MARRIAGE IN GOOD FAITH BUT ENDED THROUGH DIVORCE' WAIVER CHECKED. HOWEVER, IT IS MORE ADVISABLE TO FILE THIS WAIVER BEFORE THE INTERVIEW BECAUSE LATELY SOME DISTRICT OFFICES ARE NOT ALLOWING TO AMMEND I-751 AT THE INTERVIEW [SINCE THIS WAS A COURTESY FROM THEIR PART]SO AS SOON AS YOU GET DIVORCE DECREE YOU MUST FILE WAIVER I-751.

    You might have also think, as I once thought, maybe you get divorce and get approved without interview, BUT YOU WILL EVENTUALLY LOSE YOUR GREEN CARD WHEN YOU FILE FOR NATURALIZATION OR ANY OTHER IMMIGRATION PETITION BECAUS YOU WILL HAVE TO SUBMIT YOUR DIVORCE DECREE AND THEY WILL SEE THAT YOU GOT APPROVAL AFTER DIVORCE THEREFORE YOUR GREEN CARD WILL BE REVOKED, AND THIS HAS ALREADY HAPPENED."

    " want to tell you that even if your wife files for divorce there are ways to delay it, either by raising technical stuff of the action itself, by filing motions, etc...

    However, the problem is that if you are called for an interview and you don't have divorce decree is a BIG problem, you should also know that you can also delay interview by calling 1-800 and give them a excuse such as you/your wife are sick, or will be out of the country, etc etc, this could give around 6 more months [although I haven't confirmed this] to rush the divorce if it hasn't happen yet, if you still do not have divorce decree to show at the interview, then at least show up with a proof the a divorce proceeding is going on because maybe you get a nice adjudicator who might postpone interiview rather than terminate your conditional status and put you in removals. If the worse happen you could appear in front of Immigration Judge and ask for continuance to allow you to have divorce final in order to file another I-751 with your Service Center.

    It seems that USCIS handles the 'marriage terminated that was entered in good fiath' with DISCRETION, that means they could approve or deny you regardless of how much evidence you present. I have also read here from other members and in other websites that Immigration Judges have a different view of this situation than USCIS and some that were denied get approved, however other members have posted opinions that Immigration Judges are very tough to reverese a decision. However, you could always appeal to BOARD OF IMMIGRATION APPEALS in D.C., and also you could take a negative BIA decision to FEDERAL COURT, I think that personally that discretion they are using with this kind of waiver could be challenged the problem is the money to fight the case if adverse decisions are issued by USCIS etc...

    In regards to statistics, I have read different opinions here, some peole say that 50% get approved, other said 40% and others said 15-30%, so I do not know what the truth is and there is no way to find out about it, there is a lot of luck involved in this process too..."

    Leave a comment:

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