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Very Desperate!! Please help. Different lawyers, different oppinions.

Very Desperate!! Please help. Different lawyers, different oppinions.

Old Oct 19th 2004, 10:40 pm
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Unhappy Very Desperate!! Please help. Different lawyers, different oppinions.

My US wife and I filed jointly the I-751 to get my conditions removed from my conditional green card this past May. Marriage had problems so we decided to separate. I was under impression that this shouldn't affect my status but my lawyer (with whom we filed the I-751) gave me negative impression. I consulted other lawyers and I'm getting all different oppinions. Pleeeease, somebody explain to me what is my situation. The marriage was in bona fide and we/I have tons of tons of evidence of it (which we filed with the I-751). I understand after my case gets processed (about a year or more) 97% of the applicants get the unconditional green card sent to them by mail without an interview. But, I'm affraid, should I let INS know of the breake up? Or if I'm one of the three percent that do get called on another interview, do I go with a laywer and explain to them what happend? (by the way the 97%-3% thing I know it's incorrect, i'm just rounding to better explaing my question)
We haven't divorced yet or filed for divorce. It is still emotionally hard so we haven't even spoken about it.
Is there a difference if we are only separated vs. divorced? Brake up is amicable but should she want to divorce I can not tell her "no".
PLEEEASE HELP ME UNDERSTAND WHERE I STAND. HAVING LOT OF SLEEPLESS NIGHTS.
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Old Oct 19th 2004, 11:29 pm
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Default Re: Very Desperate!! Please help. Different lawyers, different oppinions.

Originally Posted by Mrlana
My US wife and I filed jointly the I-751 to get my conditions removed from my conditional green card this past May. Marriage had problems so we decided to separate. I was under impression that this shouldn't affect my status but my lawyer (with whom we filed the I-751) gave me negative impression. I consulted other lawyers and I'm getting all different oppinions. Pleeeease, somebody explain to me what is my situation. The marriage was in bona fide and we/I have tons of tons of evidence of it (which we filed with the I-751). I understand after my case gets processed (about a year or more) 97% of the applicants get the unconditional green card sent to them by mail without an interview. But, I'm affraid, should I let INS know of the breake up? Or if I'm one of the three percent that do get called on another interview, do I go with a laywer and explain to them what happend? (by the way the 97%-3% thing I know it's incorrect, i'm just rounding to better explaing my question)
We haven't divorced yet or filed for divorce. It is still emotionally hard so we haven't even spoken about it.
Is there a difference if we are only separated vs. divorced? Brake up is amicable but should she want to divorce I can not tell her "no".
PLEEEASE HELP ME UNDERSTAND WHERE I STAND. HAVING LOT OF SLEEPLESS NIGHTS.
See: http://uscis.gov/graphics/lawsregs/h...iver041003.pdf

Also do a search on Aguila. He's posted on this issue numerous times.

You must be divorced before you can file a waiver. Is your husband willing to come to the interview with you and support your statement that the marriage was bona fide?
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Old Oct 20th 2004, 12:07 am
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Default Re: Very Desperate!! Please help. Different lawyers, different oppinions.

Originally Posted by Mrlana
My US wife and I filed jointly the I-751 to get my conditions removed from my conditional green card this past May. Marriage had problems so we decided to separate. I was under impression that this shouldn't affect my status but my lawyer (with whom we filed the I-751) gave me negative impression. I consulted other lawyers and I'm getting all different oppinions. Pleeeease, somebody explain to me what is my situation. The marriage was in bona fide and we/I have tons of tons of evidence of it (which we filed with the I-751). I understand after my case gets processed (about a year or more) 97% of the applicants get the unconditional green card sent to them by mail without an interview. But, I'm affraid, should I let INS know of the breake up? Or if I'm one of the three percent that do get called on another interview, do I go with a laywer and explain to them what happend? (by the way the 97%-3% thing I know it's incorrect, i'm just rounding to better explaing my question)
We haven't divorced yet or filed for divorce. It is still emotionally hard so we haven't even spoken about it.
Is there a difference if we are only separated vs. divorced? Brake up is amicable but should she want to divorce I can not tell her "no".
PLEEEASE HELP ME UNDERSTAND WHERE I STAND. HAVING LOT OF SLEEPLESS NIGHTS.
Hi:

You are in a difficult situation depending on where you are located. I understand that things are quite difficult in the TSC area where they will not let you file a 751 waiver before the joint 751 is officially disposed of. This happens to be illegal, but who says CIS follows the law?

I would not do a blessed thing until the divorce is final -- then you file the waiver 751 -- no telling how difficult that this would be. BTW, this is MY judgment on how **I** would handle it.

Reasonable legal minds will differ.

Good luck.
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Old Oct 20th 2004, 6:28 am
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Default Re: Very Desperate!! Please help. Different lawyers, different oppinions.

sphyrapicus wrote:

    > You must be divorced before you can file a waiver. Is your husband
    > willing to come to the interview with you and support your statement
    > that the marriage was bona fide?

He is the husband.... The post starts "My US wife and I"
 
Old Oct 20th 2004, 10:33 am
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Default Re: Very Desperate!! Please help. Different lawyers, different oppinions.

Originally Posted by Anon
sphyrapicus wrote:

    > You must be divorced before you can file a waiver. Is your husband
    > willing to come to the interview with you and support your statement
    > that the marriage was bona fide?

He is the husband.... The post starts "My US wife and I"
OK sorry. I stand corrected. Is your wife willing to come to the interview?
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Old Oct 20th 2004, 3:38 pm
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Unhappy Re: Very Desperate!! Please help. Different lawyers, different oppinions.

Originally Posted by sphyrapicus
See: http://uscis.gov/graphics/lawsregs/h...iver041003.pdf
I've checked the article an it is a one I have read before but this article is saying that you can not file for a waiver until the divorce is final, but this is related to the period prior to filing the I-751. My wife and I have already filed it jointly back in May. BY THE WAY, THE MOST IMPORTANT THING I FORGOT. WE FILED IN VERMOUNT CERVICE CENTER. WE LIVE IN NY.


Also do a search on Aguila. He's posted on this issue numerous times.


You must be divorced before you can file a waiver. Is your husband willing to come to the interview with you and support your statement that the marriage was bona fide?
Again here I'm trying to figure out whether you are refering to the process prior or after filing I-751. Let's say you are talking about "after" I didn't know that you can/need to file a waiver to the joint filed I-751. So if the divorce is not finalized until my conditions are removed I could be OK? Even if the divorce is in proceeds? Does anyone know how long does it take for a divorce to take place in New York, if there is no fault doing on the part of the husband or the wife? And finaly I'm not sure if my wife would come with me to the interview, things amicable, but that's is an emotional issue.
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Old Oct 20th 2004, 3:46 pm
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Default Re: Very Desperate!! Please help. Different lawyers, different oppinions.

Originally Posted by Folinskyinla
Hi:

You are in a difficult situation depending on where you are located. I understand that things are quite difficult in the TSC area where they will not let you file a 751 waiver before the joint 751 is officially disposed of. This happens to be illegal, but who says CIS follows the law?

I would not do a blessed thing until the divorce is final -- then you file the waiver 751 -- no telling how difficult that this would be. BTW, this is MY judgment on how **I** would handle it.

Reasonable legal minds will differ.

Good luck.
We live in NY and filed in Vermount. What if I ask my wife to hold off the divorce until I get my conditions removed?
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Old Oct 20th 2004, 4:10 pm
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Default Re: Very Desperate!! Please help. Different lawyers, different oppinions.

Originally Posted by Mrlana
Again here I'm trying to figure out whether you are refering to the process prior or after filing I-751. Let's say you are talking about "after" I didn't know that you can/need to file a waiver to the joint filed I-751. So if the divorce is not finalized until my conditions are removed I could be OK? Even if the divorce is in proceeds? Does anyone know how long does it take for a divorce to take place in New York, if there is no fault doing on the part of the husband or the wife? And finaly I'm not sure if my wife would come with me to the interview, things amicable, but that's is an emotional issue.
From what has been reported on BE, if your wife is not willing to attend the interview you might be in trouble. Is she willing to sign an affidavit attesting to the bona fide nature of your marriage? I am hoping that Aguila will weigh in - he is our resident "expert" on the issue.

Normally, when the divorce is not finalized he usually advises that you hope you are not called for an interview. If you are called, he usually advises that you delay the interview until the divorce is finalized.

There are others that know far more about this issue than I do. I will defer to their opinions.

P.S. The waiver is filed as soon as you are divorced. Aguila filed his waiver *after* he filed his joint I-751.
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Old Oct 20th 2004, 4:49 pm
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Arrow Re: Very Desperate!! Please help. Different lawyers, different oppinions.

Mrlana:

The best thing you could do is to avoid the divorce and pray that VSC approves you without an interview. If you are in New York it will take at least a year to get a divorce finalized under a 'No-Fault' ground. In NY you and your USC spouse must file an agreement that are going to be separated, and after a year of filing that agreement you could get the final divorce. VSC is moving pretty quick now and you will probably have your I-751 adjudicated within the next 6-10 months approximately. The problem is if you are called for an interview and your USC is not willing to cooperate or you guys don't feel confortable enough to attend this interview. Then you have a couple of options: one is to reschedule the interview and try to get the divorce finalized or at least initiated and once you are re-scheduled ask again but at the interview with some documenation in hand to have again your interview re-scheduled in order for you to be able to re-file the I-751 under waiver grounds.

If that is not granted, then USCIS might but not always does, put you in removal proceedings after terminating your conditional status because of not being able to comply with the atteandance by both parties at the interview of Joint I-751. Although removal proceedings sounds very scary it does not mean that you will be removed in the end, additionaly, you could remain working and travelling although not advised until your case is decided. Once you appear for your removal proceeding in front of an immigration judge, you could ask the judge for 'continuance' of your proceeding in order to allow you to have your divorce finalized so you could file a waiver petition.

Remember that once you file a waiver petition the burden of proof is on you, so you must get a lot of evidence to prove the bonafide nature of your marriage and a written statement in the form of an affidavit from your USC spouse will certainly help.

Once divorce is finalized even though you don't hear from USCIS it is your obligation to file immediately the I-751 under waiver grounds. Don't expect to be lucky and be approved under a Joint I-751 if you are already divorced because USCIS can catch up on that at any moment specially if you apply for N-400 [naturalization] and they could revoke your green card and put you in removal proceedings.

If you look my timeline you will see that I filed just like you a Joint I-751 with VSC but as soon as I got divorced on March of this year I re-filed. I thought VSC was going to adjudicate my case based upon the date of my first filing and with the application and evidence submitted in the second filing but it hasn't happen and now VSC is almost reaching the date of my second filing so hopefully they will adjudicate my case soon.

Should you have further quesitons you could feel free to shoot me an e-mail at: [email protected]
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Old Oct 20th 2004, 5:41 pm
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Unhappy Re: Very Desperate!! Please help. Different lawyers, different oppinions.

Originally Posted by AGUILA
Mrlana:

The best thing you could do is to avoid the divorce and pray that VSC approves you without an interview. If you are in New York it will take at least a year to get a divorce finalized under a 'No-Fault' ground. In NY you and your USC spouse must file an agreement that are going to be separated, and after a year of filing that agreement you could get the final divorce. VSC is moving pretty quick now and you will probably have your I-751 adjudicated within the next 6-10 months approximately. The problem is if you are called for an interview and your USC is not willing to cooperate or you guys don't feel confortable enough to attend this interview. Then you have a couple of options: one is to reschedule the interview and try to get the divorce finalized or at least initiated and once you are re-scheduled ask again but at the interview with some documenation in hand to have again your interview re-scheduled in order for you to be able to re-file the I-751 under waiver grounds.

If that is not granted, then USCIS might but not always does, put you in removal proceedings after terminating your conditional status because of not being able to comply with the atteandance by both parties at the interview of Joint I-751. Although removal proceedings sounds very scary it does not mean that you will be removed in the end, additionaly, you could remain working and travelling although not advised until your case is decided. Once you appear for your removal proceeding in front of an immigration judge, you could ask the judge for 'continuance' of your proceeding in order to allow you to have your divorce finalized so you could file a waiver petition.

Remember that once you file a waiver petition the burden of proof is on you, so you must get a lot of evidence to prove the bonafide nature of your marriage and a written statement in the form of an affidavit from your USC spouse will certainly help.

Once divorce is finalized even though you don't hear from USCIS it is your obligation to file immediately the I-751 under waiver grounds. Don't expect to be lucky and be approved under a Joint I-751 if you are already divorced because USCIS can catch up on that at any moment specially if you apply for N-400 [naturalization] and they could revoke your green card and put you in removal proceedings.

If you look my timeline you will see that I filed just like you a Joint I-751 with VSC but as soon as I got divorced on March of this year I re-filed. I thought VSC was going to adjudicate my case based upon the date of my first filing and with the application and evidence submitted in the second filing but it hasn't happen and now VSC is almost reaching the date of my second filing so hopefully they will adjudicate my case soon.

Should you have further quesitons you could feel free to shoot me an e-mail at: [email protected]
Hi Aguila,
First I want to say......you are the best. Before I realized you wrote this message I was writing you a message with questions. And before I even sent it I noticed your message. You answered all my questions and the ones I was going to forget to ask you. All above is very clear and thank you so much. My remaining question after reading your message above 10 times is this:
I should be adjucated withing 6-10 months and upon the "No-fault" divorce it would take a year to get finalzed. Should I initiate the divorce proceeds? I'm asking because if I do:
Let's say in 6 to 10 months I get adjucated (my conditions are removed) without an interview, then great. I will be in the clear and my divorce won't get finalized after couple of months (at least) after removal of my conditions, so I will not have any problems in the future when I apply for the N-400.
Secondly if I do get called in for an interview I can ask for rescheduling and my divorce should be already finalized soon, so I don't have to ask for long extensions/rescheduling.
This is where I was confused, because at the top of your message you advise that the best thing is to aviod the divorce, but given my time line, isn't it better to start it now? So I can have all my grounds covered? Or am I missing something? I if I am, please advise>
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Old Oct 20th 2004, 7:35 pm
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Default Re: Very Desperate!! Please help. Different lawyers, different oppinions.

Originally Posted by Mrlana
Hi Aguila,
First I want to say......you are the best. Before I realized you wrote this message I was writing you a message with questions. And before I even sent it I noticed your message. You answered all my questions and the ones I was going to forget to ask you. All above is very clear and thank you so much. My remaining question after reading your message above 10 times is this:
I should be adjucated withing 6-10 months and upon the "No-fault" divorce it would take a year to get finalzed. Should I initiate the divorce proceeds? I'm asking because if I do:
Let's say in 6 to 10 months I get adjucated (my conditions are removed) without an interview, then great. I will be in the clear and my divorce won't get finalized after couple of months (at least) after removal of my conditions, so I will not have any problems in the future when I apply for the N-400.
Secondly if I do get called in for an interview I can ask for rescheduling and my divorce should be already finalized soon, so I don't have to ask for long extensions/rescheduling.
This is where I was confused, because at the top of your message you advise that the best thing is to aviod the divorce, but given my time line, isn't it better to start it now? So I can have all my grounds covered? Or am I missing something? I if I am, please advise>

Aguila,
Please give me a reply on this last question.
Thanks a milion.
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Old Oct 20th 2004, 8:05 pm
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Arrow Re: Very Desperate!! Please help. Different lawyers, different oppinions.

Mrlana:

My concern about you initiating divorce proceedings now is that if I am not mistaken the agreement that you must file to initiate divorce proceedings in New York State under 'No-Fault' ground is considered also an agreement that makes you 'LEGALLY SEPARATED' and I am concerned that USCIS might still give you problems if you do not disclose this to them and you are approved without an interview. If you are legally separated that means that your marriage is no longer and if your marriage is no longer viable you should not be approved under a Joint I-751. I know is very complicated, I have been dealing with this crap for almost two years already and it is a very gray area of the law that USCIS itself has not addressed directly but rather has been address by Immigration Judges and Board of Immigration Appeal decisions....

As I said in the worst case scenario if you haven't initiated divorce proceedings and you are put in removal you could always drag along until your divorce is final and you are allowed to file another I-751. If in any event you need a quicker divorce later on, you could deal with it...maybe by moving to another state and get the divorce where is easier, or by getting a FAULT divorce in NY, but make sure that you are not the one that is at fault of the marriage failing because it will be harder to prevail on the I-751 waiver, if you ever get a fault based divorce your spouse should carry that burden.
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Old Oct 20th 2004, 10:58 pm
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Unhappy Re: Very Desperate!! Please help. Different lawyers, different oppinions.

Originally Posted by Mrlana
Hi Aguila,
First I want to say......you are the best. Before I realized you wrote this message I was writing you a message with questions. And before I even sent it I noticed your message. You answered all my questions and the ones I was going to forget to ask you. All above is very clear and thank you so much. My remaining question after reading your message above 10 times is this:
I should be adjucated withing 6-10 months and upon the "No-fault" divorce it would take a year to get finalzed. Should I initiate the divorce proceeds? I'm asking because if I do:
Let's say in 6 to 10 months I get adjucated (my conditions are removed) without an interview, then great. I will be in the clear and my divorce won't get finalized after couple of months (at least) after removal of my conditions, so I will not have any problems in the future when I apply for the N-400.
Secondly if I do get called in for an interview I can ask for rescheduling and my divorce should be already finalized soon, so I don't have to ask for long extensions/rescheduling.
This is where I was confused, because at the top of your message you advise that the best thing is to aviod the divorce, but given my time line, isn't it better to start it now? So I can have all my grounds covered? Or am I missing something? I if I am, please advise>

I don't know what I would have done with out you. My lawyer is avoiding me and was totally in the dark of what my situation was and what my options are. I had a lot of sleepless night. I would like to thank you from the bottom of my heart and let you know how greatly I appreciate your help as well as the help of all the other british expacts consultant. I hope you guys realize what an impact you help does to people who have no where to turn.
THANKS YOU FOR DOING WHAT YOU'RE DOING!
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Old Oct 20th 2004, 11:12 pm
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Arrow Re: Very Desperate!! Please help. Different lawyers, different oppinions.

Mrlana:

It is very fullfiling for me to be able to help people that is going through the same that I have been for the past 19 months. I have had countless sleepless nights and anxiety problems. Many other have helped me, and now that I have all these information I feel the moral obligation to help others.

Please write me at [email protected] and keep me updated, you are not alone on this buddy.

Take care,
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