I've been separated and divorced so I understand. You have been separated for 11 months now (since Jan 2009) so you have had time to acclimate yourself to the fact that your marriage was dead especially if you have been seeing a marriage counselor and it has been going nowhere fast.

Have you been supporting her for the last 11 months while she has been living apart from you? Do you have the receipts for the bills for her that you have paid during that time? If you have been seeking marriage therapy, get a letter stating this even if you have been the only one going.

TracyTN I know it sounds illogical to ask such a question and I also agree that there is no guarantee as far as the timing is concerned. But its good that by asking these (well stupid) questions I am able to much better understand how the process really works. Thanks to you guys believe me a couple months back I didn't knew that much.

Assumption yes, guarantee no. Bottom line: You need to address the RFE with 90 days. It can come anytime during the process.

Its just the contrary, the new memos help immigrants and offer more changeability for applicants who are held in a kind of confinement and uncertainty without a decree.


My petition in not typical. Atypical applications take longer to process.

Rete Yes I have been supporting her well before the inception of our marriage and just stopped financial support three months back. I never asked her to pay for anything since she didn't have a job at first and even she got a job I never bother to ask due to the fact that we were having problems. I have bills and we also attended marriage counseling last year and the therapist is willing to provide me a letter too.

totally_broken,

My case is somewhat similar to yours, except that I received my conditional GC a few days after you did. My wife also separated around the end of january of this year and after months of counseling, she decided to file for divorce in September. I'm presently waiting on the final divorce decree to arrive, then I'll send the waiver package, God Willing.

I called a lawyer just last week to get his opinion about filing without the final divorce decree (according to the new memo) and when he found out Im filing without an attorney, he just went off to convince me that everyone who files on their own end up being deported. Bull cr@p.

I also called the USCIS helpline, and as usual they had no idea about the new memo pertaining to the i-751 waiver. However, here's the interesting thing; the 2nd time i called (hoping to catch someone who knew about the memo) said that actually USCIS doesn't necessarily send an RFE. Instead, in some cases when the evidence is solid, they actually go ahead and adjudicate the case even before receiving the final divorce decree.

I'm still working on researching this even more, and I'm trying to find anyone on any of the forums who submitted a waiver without the divorce decree,s o please don't take my words for granted (as with any advice on this forum). However, this could be your Plan B in case you apply for a divorce and doesnt end p being finalize by the time your plastic greencard expires.

I would be highly suspect of this! It seems inconsistent with reports we've received over the years... although, to be fair, the memo is a fairly recent change - and the regular members here have seen strange things happen from time to time.


Just to clarify... the card expires, the status doesn't.

Ian

the memo has not even completed a year! so the reports you're referring to are CERTAINLY irrelevant to such procedure But to be frank, i would rather not stick to one opinion and follow the trend, until such new guidelines are more familiar. I don't want to be the guinea pig to try the memo with my own waiver

When i was applying for AOS, i applied through the pilot program (90-days to get a GC from the time of the application submission) and no one believed me the program was (and i think, still is) being implemented in Oklahoma City, Dallas and El Paso field offices. So whenever i called USCIS, barely anyone had a clue on what I'm talking about!

I think they really need to work on keeping everyone on the same page...

I believe DORA died in 2007.

Ian

OK:

Straight forward waivers do not need a lawyer. The others need a lawyer to increase the probability of approval. The lawyer bull crap is true and exaggerated. There is a skilled salesman in every counselor.

Never heard of good faith waiver approved without a decree. Its like having Christmas without the star. Some waivers need no decree. What waiver are you referring too? As you say that the USCIS are usually not well-versed with their own memos, its conclusive that someone not well versed made you believe that a good faith waiver can be approved without a divorce decree.

okalian

Well you are in much better shape than me, for the basic reason that you have allready started your divorce proceedings, for me I have to wait till my 12 months timeframe is reached in Jan 2010 then only I will be able to file a dicorce complaint. Further since my wife is residing out of State so its makes matter worse timing wise since I have to wait for 6o days for her response and then the process will go through hearing and all etc. So I am defintely know that I'll not be able to meet the CGC expiration date.

On a scenario where your waiver application is adjudicated without divorce decree, according to my research that is A BIG EXCEPTION since I haven't encounter this in any of the forums etc so I can't second that.

Currently I am talking to divorce attorneys who by the way charging me between $ 2500 to $ 3500 fees for uncontested divorce!!! they all want a deposit in a retainer account (kind of escrow account) which will be debited as your lawyer spend time on your case.

lostlove: i couldn't agree with you more.

totally_broken:
If you'll deal with an attorney, i would recommend using one only to get to know the laws better and to hear his opinion about cases he already encountered. However, just like lostlove said, all what a lawyer offers is lip service. The decision on your waiver is based primarily on the evidence you provide, which is not something the lawyer can do on your behalf. Furthermore, even if you were called for an interview and even if your lawyer attends it with you, he won't speak on your behalf or explain events. You'll pay $2500 for someone to buy you prong fasteners ($3.50 for a count of 50) and a brown envelope, and put everything all together.

Unlike almost any other USCIS application, a waiver is more like a dissertation; it can only be fully completed and submitted by the applicant. No one can sponsor you, no one can co-sign for you and certainly no one can make up facts for you.

If you and your wife are on good terms, is there a way the 12-month waiting period could be shrunk or waived?

okalian

Actually the fees I was referring to was for the Divorce Attorney. You are right the applicant have to defend himself or herself.

As far as the separation period is concerned in the state I am a resident of, you have to be separated for 12 months to file a no-contest divorce based on voluntary separation. My main as I mentioned in my previous post was the timeframe of getting RFE from the date of I 751 waiver application submission and was rightly told that there is NO guarantee so I am hoping that I'll get enough timeframe to finalize my divorce.

OK
That's not what I said, you have grossly misspoken making it an interpretation blunder. I specifically directed my statement to your lawyer, who tried to convince you with his categorical assertion: "No lawyer equals deportation". Could be a part of his usual mundane sales pitch which I found to be truly exaggerated.

Agreed.

If you can replace a $2500/- very experienced counselor for a price of a happy meal ( paper, prongs and envelopes) and get approved its great. If your denied with a removal, your looking at $4000/- that's office stationery for the 5 years, and hiring a lawyer being mandatory. Your paying for experience not for binding skills.

Lawyers are there for a purpose, they are experts in the field of jurisprudence. I could be an eloquent binder boy, but I am not a lawyer.

Just to clarify, in your state does the separation have to be a legal separate, i.e. done through the courts or just proof that you don't live in the same house? Apparently you have not separated all of your marriage as you were still financially supporting your wife until recently I believe. That might well mean that your separation if not court sanctioned is not a true separation.

Just playing devil's advocate because here in NYS the separation must be done through the dourts and then after a year the divorce is uncontested.

No this is NOT a requirement. Thank GOD