My English boyfriend had his i-751 interview yesterday. It was absolutely horrible! I wasn't allowed to go in so I had to sit in the waiting room for 25 minutes absolutely freaking out. He filed on the basis of hardship rather then a marriage in good faith because he is a paramedic here in the states and his certs would not carry over to England, therefore, no career. I knew this was a longshot, but he was determined to file this way. He was denied. The IO told him that if he were from a 3rd world country he would have no problem approving the application but because he isn't, he had to problem sending him home. He actually threatened to start the removal proceedings yesterday! I guess, though, he had a change of heart. You know how you're not supposed to be able to change the basis of how you're filing unless you're a battered spouse or you start a whole new petition? Well, the IO spoke with his supervisor and they are actually allowing Ali to change his petition! He can change it to a waiver based on a good faith marriage and provide evidence (the IO gave him a list of what he wants to see) and a letter from his exwife stating that their marriage was in good faith. If he submits this before August 23rd, the IO said he would have no problem approving the application and he wouldn't even need to see Ali again. Has anyone ever heard of this happening before? I'm not quite sure what to think. Any thoughts?

No, we don't see many I-751 waiver cases on the forum. More now then ever before but the ones we have seen have filed on good faith not on hardship which is the hardest criteria to prove.

Your fiancee was extremely fortunate to get a supervisor who is allowing him to refile under the good faith clause. Sounds like you are engaged to a man who is not only stubborn, but doesn't think very far ahead. In other words, like most men ... ducking

I am not ducking LOL. As I said before, attorney, attorney and attorney!!! Rete, can he try to re-file new I-751 (good faith marriage?) Milan.

He's not really being allowed to refile. They actually let him change the basis of his petition from Hardship to Good Faith Marriage. He doesn't have to refile, pay the fee, or go through the biometrics again. All he has to do is send copies of tax returns, bank statements, car title, a few pictures, and a letter from his exwife attesting to the relationship and the IO said he would approve him even without another interview. I think he may have had an angel on his shoulder yesterday. I'm not sure, however, if I want to kick the IO for denying him or give him a big kiss on the lips for giving him a second chance!

This is the first case I see on here so no I haven't heard of this, but it seems like the IO is giving him a chance, so he better get all the documents that the IO wants to see and there is nothing to worry about. I guess no attorney is needed anymore. Please tell Ali to do exactly what the IO asked him to do. Best wishes Milan.

We have already started. We have everything needed which I have brought to work today to make copies of and his ex said she'd get him the letter by the end of the week. We hope to overnight everything to Norfolk by early next week. I would be great to have 10 year green card in hand before his deadline of August 23rd.

Oh, ok. So he better get that documents to the IO asap :-). May I ask you something? Is his wife going to write such a letter? Are they on a good terms? Milan.

Ok, so she will write that letter. Well, let us know if he gets approved. And by the way. I did received a post on here someone telling me there are delays in green card productions. He/She said that it might take up to 8 weeks to get it. Just for your information :-)

Thanks for that info. I can just see him freaking out right now about not getting it quickly. Fortunately, he is extended until January 2010 on his current green card so that should be plenty of time for a new one to come. I will let you know the outcome. I will let you guys know what happens!

Here:
May 29, 2009

Permanent Resident Card Production Delays

USCIS is announcing that applicants may experience up to an eight week delay in the delivery of their permanent resident card while we are in the process of upgrading our card production equipment. USCIS Field Offices will be issuing temporary evidence of permanent residence in the form of an I-551 stamp to applicants approved for permanent residence at the time of their interview. You will need to take your passport to your appointment. If you do not have a passport, you must bring a passport style photo and government issued photo identification to receive temporary evidence of permanent residence.


If the application is approved subsequent to your interview or by a Service Center or the National Benefit Center, the applicant should bring the above documents to an INFOPASS appointment to be issued temporary evidence of permanent residence in the form of an I-551 stamp.

Whatever he does, if he has the name of the IO, then address it to him/her or if he was told who to direct it to and where, then be sure to do so by return receipt requested certified mail.

If he does not hear anything within 30 days, he can start hounding them by making infopass appointments and going in person.

Have him attach a copy of the instructions to the top of the documents he is submitting. Put the documents in the same exact order as on the list. Put a check mark next to each document on the list that he is submitting and bind them with a black bullnose clip.

Make an exact copy for himself and if he has not received his approval by January 2010 he then takes the receipt of mailing and his copy to the DO and gets another stamp in his passport.

Of course you weren't allowed in... why would you be? It is *his* application form and, from USCIS' point of view, you're nothing but a disinterested 3rd party. In other words, this has nothing whatsoever to do with you.

Ian

I am not trying to be an a...s LOL but Ian I love your answers. Ha ha ha.

Did I ever say that I should have been allowed in? I mentioned that so that everyone would know that all of the info. I provided was second hand. BTW, are you an American Citizen or did you immigrate?

Classic case of the man should of listened to the woman

Looks like all is on track now, please let us know the outcome, although I would not think you will have any more hitche,s as you have all the info requested