brnie80

Hello every one,

I have gone through several posts about i-751 waiver and it seems like as long as there is joint evidence, waiver is usually granted. Incase there is an allegation of fraud by the USC, the case takes longer as USCIS investigates the case. Are there any people here who have been able to get the waiver after such allegation? Any idea what percent of cases are denied in cases of allegations and what can be done to fight such false allegations?

Thanks.

ian-mstm

Usually, yes... but not always. The onus is on the applicant to demonstrate that the marriage was entered into in good faith. You can't apply for the waiver until after the divorce is final. Do you actually have your green card yet? If you divorce prior to approval of the GC, you might find yourself in a very bad situation.


I'm not one of them, but there are... yes.


Well... a lot of that depends on what's considered "false". That has to be investigated and largely it comes down to a "he said, she said" sort of thing. You say false, she says true... and who knows where it goes from there.

Ian

brnie80

I got my conditional greencard about 3 months back and been married for about 9 months. We have been having major problems and i am pretty sure we are headed towards divorce. My wife has been blaming me for marrying her for gc which is not true at all. I had quite a lot of time left on H1b before I applied for gc through her and would have eventually gotten gc through my employer. She is threatening to get me deported. I do have strong evidence of our joint lives though. If my conditional residency does get terminated, I am sure my employer can bring me back on H1b. I just don't want false fraud allegation on my file.

Folinskyinla

Hi:

I suggest strongly that you consult with both an immigration and a family law attorney. Some very good attorneys do both. [The AILA SoCal Chapter Chair is one of those people].

BTW, many states allow for immigration fraud as a ground for a nullity judgment. Marriage of Rabie. Do note that this case is limited to California. You may also want to take note of the specific facts. Manucher Rabie was an idiot IMHO.

brnie80

Thanks Mr. Folinskyinla. My case is no where close to Manucher Rabie. My marriage was genuine and I doubt my wife would have any proof that it was not. But I will keep my eyes open. Can you recommend any good immigration lawyers in Pittsburg, PA area? Thanks.

lostlove

Hi.

Since your wife is blaming you for fraud, you must collect all the good faith evidence you have, and shop around for an AILIA immigration lawyer ASAP.
An allegation of fraud can be ignored, or can be taken very seriously by the local DO, the next thing you know is a termination and removal at your doorstep.
Take Mr. F's advice seriously. This is one of his speciality where his colossal experience counts.

brnie80

Ok thanks guys. I am having trouble finding a good Lawer locally that does both immigration and family law. Do you guys know if an out of state lawyer can do both ?

crosscountryrider

I am not sure if you will lucky with your research.

Both disciplines are highly complex. However why not approaching two different lawyers and make them linking up with each other.

Would have the benefit that you will have both lawyers in your town

brnie80

I live in a small town and the family lawyers here know little about immigration. There are no immigration lawyers here. I will have to find an immigration lawyer in the closeby big city. That is also where the USCIS local office is.

crosscountryrider

where do you live. At least I can check if my company did use somebody in the past

I can recommend my lawyer in Colorado.She seems to have a good knowledge of the law besides Immigration.

Also she is divorced -this maybe helps.

Her name is

Samira Recob

1333 W. 120th Ave., Suite 302
Westminster, CO 80234
Phone: 303-639-3090
FAX: 303-639-1480
Email: [email protected]
Website: www.recoblaw.com

Her rates are reasonable and she is very accurate

kind regards
CCR

Noorah101

Did you follow up on Mr. F's comment by using Google?:

I suggest strongly that you consult with both an immigration and a family law attorney. Some very good attorneys do both. [The AILA SoCal Chapter Chair is one of those people].

No, the lawyer does not need to be local to you, he/she can be in another state.

Rene

ian-mstm

You have 2 separate issues... immigration and divorce. They may seem related... but they're not, so don't combine them in your head. Look for two separate lawyers!


Immigration is federal... an immigration lawyer anywhere in the US can help you.

Ian

Matthew Udall

I assume the family law issues are a matter of state law, therefore I'll bet you will need a family law attorney located in your state.

lostlove

You will have to get a lawyer conversant with both family and immigration law. And both are 2 different beasts to be tackled differently, one at a time, could be by the same lawyer. Kill both the beast with a single bullet!
I am sure that the city in which your District Office is has such lawyers, and these experienced lawyers have good relationships with the local DO.
I remember the security guard outside the DO flirting with my lawyer. They have known each other for years.
Some websites to help your search in your state.
www.aila.org ..then there is www.superlawyers.com www.lawyers.com

Hope this helps.

brnie80

Thanks every one for the help. I will keep you guys updated.