I 751 and separated need help!!!
Dec 28th 2009 | 3:49 am
#46
Member
Joined: Apr 2001
Posts: 14,049
Re: I 751 and separated need help!!!
o,
However, an experienced lawyer who has reviewed the facts of the situation can suggest what evidence should be provided, what evidence it might be better to not provide (things that might be ambiguous or misunderstood by a 3rd party), and how to present the evidence to create the impression that you want to create.
One is primarily paying a lawyer for their knowledgeable advice, only incidentally for packaging and shipping.
Regards, JEff
However, an experienced lawyer who has reviewed the facts of the situation can suggest what evidence should be provided, what evidence it might be better to not provide (things that might be ambiguous or misunderstood by a 3rd party), and how to present the evidence to create the impression that you want to create.
One is primarily paying a lawyer for their knowledgeable advice, only incidentally for packaging and shipping.
Regards, JEff
The decision on your waiver is based primarily on the evidence you provide, which is not something the lawyer can do on your behalf. ... 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.
Dec 28th 2009 | 6:23 am
#47
Thread Starter
Forum Regular
Joined: Dec 2009
Posts: 85
Re: I 751 and separated need help!!!
What you've just stated is - frankly - nonsensical. How can they issue an RFE if they've not yet looked at your case file to adjudicate?
All they do when they issue the NOA1 is verify that the fee is correct and that the I 751 is complete (and maybe that there is additional evidence attached - not just the I 751 on it's own). They do not verify details or peruse evidence sent during initial processing. To my knowledge, they don't even do that when issuing you a date for biometrics - all they're doing at that point is getting you in the queue to be adjudicated. The IO has to have your case file and the results of your biometrics before they will decide to approve or deny. It is at that time that they would realize 'oh, she's separated from her USC spouse - better send an RFE for the divorce document'.
I just went through VSC for hubby's removal of conditions. We sent it in back in August and he was approved in mid November. Doing a comparison of my case and others filing at the same time, I was a few weeks ahead of everyone else, so the average is more like 4 months (instead of my 3). I've not seen anyone get approved (read: adjudicated) faster than 3 months at the VSC - at least not in recent memory.
I'm sorry, but no one can give you a GUARANTEE of how long they will have it before it is adjudicated because processing times tend to fluctuate. I know that doesn't help you, but it's really the best we can do.
All they do when they issue the NOA1 is verify that the fee is correct and that the I 751 is complete (and maybe that there is additional evidence attached - not just the I 751 on it's own). They do not verify details or peruse evidence sent during initial processing. To my knowledge, they don't even do that when issuing you a date for biometrics - all they're doing at that point is getting you in the queue to be adjudicated. The IO has to have your case file and the results of your biometrics before they will decide to approve or deny. It is at that time that they would realize 'oh, she's separated from her USC spouse - better send an RFE for the divorce document'.
I just went through VSC for hubby's removal of conditions. We sent it in back in August and he was approved in mid November. Doing a comparison of my case and others filing at the same time, I was a few weeks ahead of everyone else, so the average is more like 4 months (instead of my 3). I've not seen anyone get approved (read: adjudicated) faster than 3 months at the VSC - at least not in recent memory.
I'm sorry, but no one can give you a GUARANTEE of how long they will have it before it is adjudicated because processing times tend to fluctuate. I know that doesn't help you, but it's really the best we can do.
I found explanation on new MEMO dated April 3, 2009 by Donald Neufeld.
The link is: http://www.ilw.com/articles/2009,0924-lee.shtm
According to the explanation given and as you mentioned in your post, RFEs are send out at time of adjudication and will depend upon indiviual service centers.
Dec 29th 2009 | 8:21 am
#48
Thread Starter
Forum Regular
Joined: Dec 2009
Posts: 85
Re: I 751 and separated need help!!!
o,
However, an experienced lawyer who has reviewed the facts of the situation can suggest what evidence should be provided, what evidence it might be better to not provide (things that might be ambiguous or misunderstood by a 3rd party), and how to present the evidence to create the impression that you want to create.
One is primarily paying a lawyer for their knowledgeable advice, only incidentally for packaging and shipping.
Regards, JEff
However, an experienced lawyer who has reviewed the facts of the situation can suggest what evidence should be provided, what evidence it might be better to not provide (things that might be ambiguous or misunderstood by a 3rd party), and how to present the evidence to create the impression that you want to create.
One is primarily paying a lawyer for their knowledgeable advice, only incidentally for packaging and shipping.
Regards, JEff
Need help in finding compitent immigration attorneys. Should I pick someone from AILA website? I am not sure do I have to find someone practicing in my state of residence? Will that matter?
Dec 29th 2009 | 9:56 am
#49
MODERATOR
Joined: Apr 2003
Posts: 58,735
From: Phoenix, Arizona
Re: I 751 and separated need help!!!
You should start with the AILA site to start calling around. When you call, tell the attorney your situation and find someone who has done succesful I-751 with waiver before. That's what you need to ask the attorney....do you have experience in filing I-751 with waiver? If so, were you successful?
Rene
Dec 29th 2009 | 11:06 am
#50
BE Enthusiast
Joined: Jul 2007
Posts: 599
Re: I 751 and separated need help!!!
Immigration Law is federal, open to all lawyers. But its advantageous to get some native who understands the issues of his own backyard. In addition, its cheaper.
Dec 30th 2009 | 4:20 am
#52
Thread Starter
Forum Regular
Joined: Dec 2009
Posts: 85
Re: I 751 and separated need help!!!
The attorney does not have to practice in your state of residence, no. Immigration is Federal, so the attorney can be anywhere.
You should start with the AILA site to start calling around. When you call, tell the attorney your situation and find someone who has done succesful I-751 with waiver before. That's what you need to ask the attorney....do you have experience in filing I-751 with waiver? If so, were you successful?
Rene
You should start with the AILA site to start calling around. When you call, tell the attorney your situation and find someone who has done succesful I-751 with waiver before. That's what you need to ask the attorney....do you have experience in filing I-751 with waiver? If so, were you successful?
Rene
The laywer I have selected do not practice in my state. Actually his firm deals with my Employer (meaning he represemt the company I work for).
He told me that he takes $ 2500 for I 751 waiver cases but told me don't worry about the fees right now you can pay me in installments. He also advised me to work on my divorce proceedings as soon as I hit the one year mark of separation.
Dec 30th 2009 | 4:40 am
#53
MODERATOR
Joined: Apr 2003
Posts: 58,735
From: Phoenix, Arizona
Re: I 751 and separated need help!!!
Rene
Dec 30th 2009 | 5:14 am
#54
Banned
Joined: Sep 2002
Posts: 3,825
From: United States
Re: I 751 and separated need help!!!
My guess is that you got the point.
Edit: And Rita, why are you editing my reason for deleting a post?
Further Edit: Man-o-man, are we seeing a moderator delete fest or what?
Last edited by Matthew Udall; Dec 30th 2009 at 5:16 am.
Dec 30th 2009 | 5:45 am
#55
BE Co-Founder
Joined: Feb 2000
Posts: 25,930
From: Florida
Re: I 751 and separated need help!!!
Nope, I've not had an I-751 waiver case denied before, but that is not the point. My point was that if an I-751 waiver case is denied, that is likely due to the weakness of the case (the client's situation). Each case is going to be different. Same too when it comes to a doctor's patients. Some patients will die despite the Dr's best efforts to prevent that from happening.
My guess is that you got the point.
Edit: And Rita, why are you editing my reason for deleting a post?
Further Edit: Man-o-man, are we seeing a moderator delete fest or what?
My guess is that you got the point.
Edit: And Rita, why are you editing my reason for deleting a post?
Further Edit: Man-o-man, are we seeing a moderator delete fest or what?
You deleted your post after another member had responded to you. You may make posts as posts, not as comments in the 'reason for deleting'. lostlove replied to a comment that was not there; so therefore her response was deleted too.
If you want to participate, please do so in posts, not in the comment portion of a deleted post.
Thanks
Dec 30th 2009 | 6:30 am
#56
BE Enthusiast
Joined: Jul 2007
Posts: 599
Re: I 751 and separated need help!!!
Matt,
You deleted your post after another member had responded to you. You may make posts as posts, not as comments in the 'reason for deleting'. lostlove replied to a comment that was not there; so therefore her response was deleted too.
If you want to participate, please do so in posts, not in the comment portion of a deleted post.
Thanks
You deleted your post after another member had responded to you. You may make posts as posts, not as comments in the 'reason for deleting'. lostlove replied to a comment that was not there; so therefore her response was deleted too.
If you want to participate, please do so in posts, not in the comment portion of a deleted post.
Thanks
Thank you Sue and thanks Matt for stepping in. I really didn't comprehend the reference with that doctor analogy Matt. Its clear to me now. Sorry for any confusion.And yes, I agree with you counselor.
Dec 30th 2009 | 6:49 am
#57
Concierge
Joined: Apr 2001
Posts: 47,663
Re: I 751 and separated need help!!!
The BE Site Rules advise that any questions one has regarding an action of a moderator be direct to the moderator and/or an administrator via PM and not questioned/discussed in open forum. Site Rule #14.
However, in the spirit of the holiday, in response to your question, your reasons as stated in the remarks area were removed because writing a "post" within a remark area is not permitted.
Jan 4th 2010 | 6:50 am
#58
Instigator of the Post
Joined: May 2008
Posts: 501
From: Nashville, TN
Re: I 751 and separated need help!!!
TracyTN
I found explanation on new MEMO dated April 3, 2009 by Donald Neufeld.
The link is: http://www.ilw.com/articles/2009,0924-lee.shtm
According to the explanation given and as you mentioned in your post, RFEs are send out at time of adjudication and will depend upon indiviual service centers.
I found explanation on new MEMO dated April 3, 2009 by Donald Neufeld.
The link is: http://www.ilw.com/articles/2009,0924-lee.shtm
According to the explanation given and as you mentioned in your post, RFEs are send out at time of adjudication and will depend upon indiviual service centers.
Jan 5th 2010 | 3:13 am
#59
Thread Starter
Forum Regular
Joined: Dec 2009
Posts: 85
Re: I 751 and separated need help!!!
I have started the divorce proceedings, I told my saga to divorce attorney and he told me that it will take about 4 to 5 months (around April/May 2010) to get the final divorce decree in hand. Anyways, I will send my I 751 waiver petition in february 2010.
At this time I don't have any option other then to hope that my divorce get finalized before I ran out of time alloted to provide evidence of final divorce i.e. a divorce decree.
Jan 5th 2010 | 7:01 pm
#60
Forum Regular
Joined: Dec 2009
Posts: 98
Re: I 751 and separated need help!!!
Good Luck man. I truly wish you the best.
Apply maybe sometime during the last few days of February just to gain as much time as possible.
Also, make sure you keep up with the court's issuance for a divorce decree. My divorce apparently was finalized and a divorce decree has been signed on December 16th. However, i had no idea that they won't be sending it to me automatically (like they've been sending every step of my divorce paperwork). I hope your state is different, but in my state, i have to provide them with a self-addressed and stamped envelope to mail me the decree.
What even sucked is that the lady on the phone didn't say anything about providing a money order
only until i got a voice message from them saying they received my envelope but i didn't include the $2 money order for a divorce decree..so i have to send them that 
but oh well...its only an extra few days of waiting..
Apply maybe sometime during the last few days of February just to gain as much time as possible.
Also, make sure you keep up with the court's issuance for a divorce decree. My divorce apparently was finalized and a divorce decree has been signed on December 16th. However, i had no idea that they won't be sending it to me automatically (like they've been sending every step of my divorce paperwork). I hope your state is different, but in my state, i have to provide them with a self-addressed and stamped envelope to mail me the decree.
What even sucked is that the lady on the phone didn't say anything about providing a money order
only until i got a voice message from them saying they received my envelope but i didn't include the $2 money order for a divorce decree..so i have to send them that but oh well...its only an extra few days of waiting..
