durdu_lica

Rene,


I have a question as well, since you seem like you have had experience with these scenarios: below is my timeline (married for 1 1/2 yrs)---I had an interview for the I 751 waiver and the IO asked me why we didn't have more utility bills and why there aren't more assets in our name (we bought a condo shortly after our marriage). I initially had one affidavit from my ex, I submitted 2 more at the interview and a week after that I sent 7 more affidavits, and also proof that we dated after our divorce, when I didn't stand anything to gain from it. IO said she would call the people in the affidavits, including my ex and they will give me an answer within 90 days.

She hasn't called anyone yet, it's been 2 weeks. What do you think? I never got an RFE either.

Thank you so much!

Met 08/2005 in NYC- dated for a year, he came to visit me 4 times within the 8 months in between-submitted the evidence for that
Married 09/2006, (I came here on a K1 visa)
Divorced 03/2008
Filed I 751 waiver 06/2008
Biometrics 07/2008
Interview 03/2009

I submitted:
-Copy of marriage certificate
-Copy of divorce decree
-Copy of proof that we bought a condo together, shortly after our marriage
-Dozens of plane tickets and pic's from our trips to several countries (over 15-20 trips in 2 1/2 yrs)
-Proof of our relationship before, during and even after (!) the divorce, when we dated for a few months
-Initially I submitted an affidavit just from my Ex, stating it was a real marriage- and at the interview I submitted 2 more affidavits;***A week after that, I submitted 7 more affidavits from friends and colleagues, stating they met us as a couple etc
-Copy of auto insurance forms, both our names
-Joint Tax forms 2007, both our names
-Copy of health care forms in both our names
-Greeting cards from his family, including checks written by his Mom in both our names
-Joint bank account
***Additional proof we dated after our marriage (restaurant reservations, call logs, emails etc)

Noorah101

Actually, I don't have any personal experience with I-751 filed with a waiver. Only what I've read from others' experiences on this forum.

I think there's not much you can do except wait it out.

Best Wishes,
Rene

lostlove

Welcome to BE. As Noorah said, all you can do is wait. Your evidence looks good.
I751 waivers could take 2 years to process.
How was your interview?

durdu_lica

I got my GC 02/2007 and it got extended by a year in 06/2008, after I filed the waiver.

Interview was v short, she only mentioned that I was light on the assets (what is a condo, if not an asset?) and the affidavits, which I have enough of, right now.

She hasn't called anyone in the affidavits so far, she only said I would find out within 90 days. Was she just giving me a hard time? I spoke to an attorney afterwards and he said I stand a good chance of getting it, even if it would be with an IJ.

Also, my letter expires 06/2009- should I just get an InfoPass appt. and get a stamp? Is it a 60-day stamp?

Thanks, guys!

jeffreyhy

dl,

In many markets, a useless asset. As a practical matter, how would you get cash out of it? (assuming you're not 'underwater' with it)

Regards, JEff

durdu_lica

It was not about the cash value, but the fact that we established a life together, shortly after our marriage. I also have affidavits of friends who declared they visited our new home etc.

What should I make of all this? Should I apply for a stamp in the meantime?

Thanks!

jeffreyhy

dl,

It wasn't? At least in part?

If not, then why did you write this:
"Interview was v short, she only mentioned that I was light on the assets (what is a condo, if not an asset?) and the affidavits, which I have enough of, right now."

Regards, JEff

adjudicator89

HI
I was a waiver case as well, you can find my posts on here. I was approved , interview was in March. I still don't have my GC tho. I did receive a letter that says my CR-I-89 was approved and that I should get my GC blah blah. But nothing yet. In February a month before my interview I went to USCIS asking for a new stamp but I was given only 90 day stamp. I did bring a lot of evidence to my interview but he barely looked at anything. Best wishes.

PS: My I-751 waiver took 20 months !!

durdu_lica

I meant I was puzzled by the fact that a condo and a 30-yr mortgage is not enough 'assets'. We also had joint car insurance, bank account etc.
The other issue was not having enough affidavits- I submitted 9 more after that, so I have, including the one from my ex.

durdu_lica

Did you have a RFE? So when my letter expires-I get a 90-day stamp?

At the interview they didn't look at much either, just stressed the fact that there are not enough assets and affidavits and she said she would call the people that gave me the letters and notify me within 90 days.

Noorah101

I think you're just confusing terminology between "assets", which is something used on the I-864 Affidavit of Support form....and "proof of joint life together" or maybe "co-mingling of assets", which is to show your ongoing relationship and stability as a married couple.

The condo can be an asset on the I-864, if the equity in it is high enough. The condo can also be proof of joint life together if it is in both your names.

The question is, which one do you need to prove more of? Do you need to show more assets on the I-864, or do you need to show more proof of joint life together?

Rene

durdu_lica

That's what the IO kept saying: 'not enough assets'...meaning she would have wanted more 'material' things, besides the house. Yes, the condo was in both our names.

jeffreyhy

dl,

And that's what I tried to explain to you. A condo with a 30 year mortgage (or any other asset, for that matter) is worth only the amount of cash that can be extracted from it. And for things like a house or condo, in many markets, that's zero.

Regards, JEff

jeffreyhy

R,

Excellent question. I was assuming the former, perhaps incorrectly.

Regards, JEff

durdu_lica

True, however, I am talking about the 'intention' of establishing a life together, by purchasing an 'asset' that is of value. I think buying a condo is more binding than signing a joint lease.

What about the other pieces of evidence, like the dozens of trips taken together and us dating after(!! ) the divorce? At some point, certain things should become obvious.