I-751 withdrawn. please help
Mar 23rd 2009, 1:18 pm
#1
Just Joined
Thread Starter
Joined: Mar 2009
Posts: 6
I-751 withdrawn. please help
Me and my wife filed joint I-751 to remove conditions in June 08. But now our marriage is in bad shape and she has withdrawn the joint application.
I went for fingerprint in aug 08. now case is pending at California.
we have not started divorce process yet.we are not talking to each other.
So what all options do i have to stay in america.
How much time do i have to prove myself that i did enter the marriage in good faith.
will i be removed as she has withdrawn the Joint application.
if yes, how much time do i have?
Can i file for I-751 waiver now or I have file I-360???
I have been reading diff threads for last few days, and i am amazed with guidance u all provided. Please guide me.
I never expected my marriage would end up in this way... Thanks in advance for ur support.
I went for fingerprint in aug 08. now case is pending at California.
we have not started divorce process yet.we are not talking to each other.
So what all options do i have to stay in america.
How much time do i have to prove myself that i did enter the marriage in good faith.
will i be removed as she has withdrawn the Joint application.
if yes, how much time do i have?
Can i file for I-751 waiver now or I have file I-360???
I have been reading diff threads for last few days, and i am amazed with guidance u all provided. Please guide me.
I never expected my marriage would end up in this way... Thanks in advance for ur support.
Mar 23rd 2009, 2:41 pm
#2
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: I-751 withdrawn. please help
Me and my wife filed joint I-751 to remove conditions in June 08. But now our marriage is in bad shape and she has withdrawn the joint application.
I went for fingerprint in aug 08. now case is pending at California.
we have not started divorce process yet.we are not talking to each other.
So what all options do i have to stay in america.
How much time do i have to prove myself that i did enter the marriage in good faith.
will i be removed as she has withdrawn the Joint application.
if yes, how much time do i have?
Can i file for I-751 waiver now or I have file I-360???
I have been reading diff threads for last few days, and i am amazed with guidance u all provided. Please guide me.
I never expected my marriage would end up in this way... Thanks in advance for ur support.
I went for fingerprint in aug 08. now case is pending at California.
we have not started divorce process yet.we are not talking to each other.
So what all options do i have to stay in america.
How much time do i have to prove myself that i did enter the marriage in good faith.
will i be removed as she has withdrawn the Joint application.
if yes, how much time do i have?
Can i file for I-751 waiver now or I have file I-360???
I have been reading diff threads for last few days, and i am amazed with guidance u all provided. Please guide me.
I never expected my marriage would end up in this way... Thanks in advance for ur support.
See a lawyer -- it is not as bad as you think. You do not need her consent to start the divorce. You should do that ASAP.
Mar 24th 2009, 12:11 am
#3
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: I-751 withdrawn. please help
So what all options do i have to stay in america.
Otherwise, if you manage to get the conditions removed successfully without an interview, then good for you... you beat the system. If you are called to an interview (for the original I-751) then go. If your wife doesn't go with you for whatever reason, you still go by yourself. Your I-751 will likely be denied but that won't really matter because you *are* a permanent resident... and you remain a PR until an immigration judge says you aren't... and the guy interviewing you is *not* an immigration judge.
How much time do i have to prove myself that i did enter the marriage in good faith.
will i be removed as she has withdrawn the Joint application.
Can i file for I-751 waiver now or I have file I-360?
Don't stand around waiting for something to happen. Take control of your own destiny. Get divorced... don't get divorced... entirely up to you. It will likely have no long-term effect whatsoever with respect to immigration. Whatever you do though, don't try to put on a show for immigration... don't pretend that your marriage is viable if it isn't.
Ian
Mar 24th 2009, 12:37 am
#4
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Thread Starter
Joined: Mar 2009
Posts: 6
Re: I-751 withdrawn. please help
Thanks for the reply...
She sent an afadavit stating bad happenings in our married life for three years and notice of app of lawyer to withdraw I-751 joint application.
She requested to withdraw app few days back.
will USCIS accept it?
Is there any info about what happens next after withdrawl step she took ?
Thanks for advice, but the case over here is very diff.... its like she is being controlled by her family from day one of our marriage, thas what is the root cause for our troubled marriage and problems. even this withdrawl suugesting in from her parents. i know went lil sidetracked... but is there any way i can mention all this when file for waiver, will it help or immigration does not care???
Thanks for answering all the question. it helps...
Thanks for the support...
She sent an afadavit stating bad happenings in our married life for three years and notice of app of lawyer to withdraw I-751 joint application.
She requested to withdraw app few days back.
will USCIS accept it?
Is there any info about what happens next after withdrawl step she took ?
Thanks for advice, but the case over here is very diff.... its like she is being controlled by her family from day one of our marriage, thas what is the root cause for our troubled marriage and problems. even this withdrawl suugesting in from her parents. i know went lil sidetracked... but is there any way i can mention all this when file for waiver, will it help or immigration does not care???
Thanks for answering all the question. it helps...
Thanks for the support...
I'd be interested in knowing what she did to withdraw the application and, perhaps more importantly, how do you know that it was actually withdrawn?
She sent an afadavit stating bad happenings in our married life for three years and notice of app of lawyer to withdraw I-751 joint application.
She requested to withdraw app few days back.
will USCIS accept it?
Is there any info about what happens next after withdrawl step she took ?
Go ahead and get divorced if that's what you want to do. Once the divorce is final, you can file a new I-751 requesting a waiver of the joint filing requirements.
Otherwise, if you manage to get the conditions removed successfully without an interview, then good for you... you beat the system. If you are called to an interview (for the original I-751) then go. If your wife doesn't go with you for whatever reason, you still go by yourself. Your I-751 will likely be denied but that won't really matter because you *are* a permanent resident... and you remain a PR until an immigration judge says you aren't... and the guy interviewing you is *not* an immigration judge.
There's no real time limit, to my knowledge - but certainly *not* before you actually file the I-751 waiver. That is the only time you need to demonstrate that you entered the marriage in good faith.
No. Why? Because you *are* a permanent resident... and you remain a PR until an immigration judge says you aren't.
You can not file the I-751 waiver until the divorce is final. How do you qualify for filing an I-360? Did your wife abuse you?
I was going through Emotional abuse and mental torture.
Don't stand around waiting for something to happen. Take control of your own destiny. Get divorced... don't get divorced... entirely up to you. It will likely have no long-term effect whatsoever with respect to immigration. Whatever you do though, don't try to put on a show for immigration... don't pretend that your marriage is viable if it isn't.
Thanks for advice, but the case over here is very diff.... its like she is being controlled by her family from day one of our marriage, thas what is the root cause for our troubled marriage and problems. even this withdrawl suugesting in from her parents. i know went lil sidetracked... but is there any way i can mention all this when file for waiver, will it help or immigration does not care???
Thanks for answering all the question. it helps...
Thanks for the support...
Ian
She sent an afadavit stating bad happenings in our married life for three years and notice of app of lawyer to withdraw I-751 joint application.
She requested to withdraw app few days back.
will USCIS accept it?
Is there any info about what happens next after withdrawl step she took ?
Go ahead and get divorced if that's what you want to do. Once the divorce is final, you can file a new I-751 requesting a waiver of the joint filing requirements.
Otherwise, if you manage to get the conditions removed successfully without an interview, then good for you... you beat the system. If you are called to an interview (for the original I-751) then go. If your wife doesn't go with you for whatever reason, you still go by yourself. Your I-751 will likely be denied but that won't really matter because you *are* a permanent resident... and you remain a PR until an immigration judge says you aren't... and the guy interviewing you is *not* an immigration judge.
There's no real time limit, to my knowledge - but certainly *not* before you actually file the I-751 waiver. That is the only time you need to demonstrate that you entered the marriage in good faith.
No. Why? Because you *are* a permanent resident... and you remain a PR until an immigration judge says you aren't.
You can not file the I-751 waiver until the divorce is final. How do you qualify for filing an I-360? Did your wife abuse you?
I was going through Emotional abuse and mental torture.
Don't stand around waiting for something to happen. Take control of your own destiny. Get divorced... don't get divorced... entirely up to you. It will likely have no long-term effect whatsoever with respect to immigration. Whatever you do though, don't try to put on a show for immigration... don't pretend that your marriage is viable if it isn't.
Thanks for advice, but the case over here is very diff.... its like she is being controlled by her family from day one of our marriage, thas what is the root cause for our troubled marriage and problems. even this withdrawl suugesting in from her parents. i know went lil sidetracked... but is there any way i can mention all this when file for waiver, will it help or immigration does not care???
Thanks for answering all the question. it helps...
Thanks for the support...
Ian
Last edited by ilmyw; Mar 24th 2009 at 12:39 am. Reason: learning how to reply with quotes
Mar 24th 2009, 2:19 am
#5
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: I-751 withdrawn. please help
will USCIS accept it?
Is there any info about what happens next after withdrawl step she took ?
There are two separate and distinct things happening here... immigration and divorce. You *must* separate the two of them... they are two completely separate issues. At this point in time (remember, you *are* a PR), divorce will have very little effect on your immigration status. Concentrate on either the divorce or immigration, but don't try to put them both together... they remain separate issues.
but the case over here is very diff...
... is there any way i can mention all this when file for waiver, will it help or immigration does not care??
I was going through Emotional abuse and mental torture.
Most importantly, do you have any police reports, or reports from a psychologist that can verify the abuse or the situation in your home? If it's just your word that it happened, I'm afraid you'll have a very difficult time proving your case. It's probably easier to simply get divorced and the file the I-751 waiver.
You need to know that your wife (and any joint sponsors) filed a binding contract with the US government when the I-864 was signed. Divorce does *not* release her/them from that financial obligation.
Ian
Mar 24th 2009, 4:34 am
#6
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Joined: Jul 2007
Posts: 601
Re: I-751 withdrawn. please help
Me and my wife filed joint I-751 to remove conditions in June 08. But now our marriage is in bad shape and she has withdrawn the joint application.
I went for fingerprint in aug 08. now case is pending at California.
we have not started divorce process yet.we are not talking to each other.
Pay careful attention to Mr. F and Ian on this one. My Ex did the same with an eloquent affidavit accusing me of fraud very politely after divorce.
So what all options do i have to stay in america.
How much time do i have to prove myself that i did enter the marriage in good faith.
Depends on how soon you get divorced and file the waiver. Waiver can take 6 months to 2 years to process.
will i be removed as she has withdrawn the Joint application.
No
if yes, how much time do i have?
Can i file for I-751 waiver now or I have file I-360???
Get divorced by yourself, file an I-751 good faith waiver with help of an AILIA lawyer, all this ASAP. www.lawyers.com , www.ailia.com
I have been reading diff threads for last few days, and i am amazed with guidance u all provided. Please guide me.
I never expected my marriage would end up in this way... Thanks in advance for ur support.
I went for fingerprint in aug 08. now case is pending at California.
we have not started divorce process yet.we are not talking to each other.
Pay careful attention to Mr. F and Ian on this one. My Ex did the same with an eloquent affidavit accusing me of fraud very politely after divorce.
So what all options do i have to stay in america.
How much time do i have to prove myself that i did enter the marriage in good faith.
Depends on how soon you get divorced and file the waiver. Waiver can take 6 months to 2 years to process.
will i be removed as she has withdrawn the Joint application.
No
if yes, how much time do i have?
Can i file for I-751 waiver now or I have file I-360???
Get divorced by yourself, file an I-751 good faith waiver with help of an AILIA lawyer, all this ASAP. www.lawyers.com , www.ailia.com
I have been reading diff threads for last few days, and i am amazed with guidance u all provided. Please guide me.
I never expected my marriage would end up in this way... Thanks in advance for ur support.
Mar 25th 2009, 12:45 pm
#7
Just Joined
Thread Starter
Joined: Mar 2009
Posts: 6
Re: I-751 withdrawn. please help
Thanks for the advice... will go attorney soon.
But I still do not wanna break this marriage...whatever is happening is all because of her parents...my intentions were never for immigration... my marriage was in good faith and want to keep in good faith...
do i have to do anything on my part as they have filed petion to withdraw the application???
But I still do not wanna break this marriage...whatever is happening is all because of her parents...my intentions were never for immigration... my marriage was in good faith and want to keep in good faith...
do i have to do anything on my part as they have filed petion to withdraw the application???
Mar 25th 2009, 1:27 pm
#8
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: I-751 withdrawn. please help
Your marriage is already broken... you just don't want to accept it - and that's your choice, of course. Many abuse victims do not want to leave their spouse/partner because they define their own self-worth by the relationship. If the relationship fails, then they see themselves as failures.
It doesn't matter why it's happening... it is totally irrelevant. If she is doing what her parents want... then there is no hope for your marriage. It's over, move on.
Your marriage is breaking down whether you want it to or not. You need to let it go. Getting divorced has almost nothing to do with "good faith".
Yes, get a lawyer. Do it today... don't wait.
Ian
... whatever is happening is all because of her parents...
my marriage was in good faith and want to keep in good faith...
do i have to do anything on my part as they have filed petion to withdraw the application???
Ian
Mar 27th 2009, 1:55 am
#9
BE Enthusiast
Joined: Jul 2007
Posts: 601
Re: I-751 withdrawn. please help
Thanks for the advice... will go attorney soon.
Your welcome, BE has a good panel of experienced experts always willing to help. An attorney is a MUST because what she has written about the bad marriage could be anyone's guess. Hopefully nothing damaging. Its best to stay away from her! Collect all the evidence you have.
But I still do not wanna break this marriage...whatever is happening is all because of her parents...my intentions were never for immigration... my marriage was in good faith and want to keep in good faith...
Your marriage is a already broken. Immigration doesn't care why it didn't work -- parents, the cat, spending habits etc . Perfectly normal marriages end in perfectly normal divorces. You will be showing your good faith by supporting evidences in the waiver.
do i have to do anything on my part as they have filed petion to withdraw the application???
Put on your running shoes, get a quick divorce and file for a waiver.
Dont leave the country.
Your welcome, BE has a good panel of experienced experts always willing to help. An attorney is a MUST because what she has written about the bad marriage could be anyone's guess. Hopefully nothing damaging. Its best to stay away from her! Collect all the evidence you have.
But I still do not wanna break this marriage...whatever is happening is all because of her parents...my intentions were never for immigration... my marriage was in good faith and want to keep in good faith...
Your marriage is a already broken. Immigration doesn't care why it didn't work -- parents, the cat, spending habits etc . Perfectly normal marriages end in perfectly normal divorces. You will be showing your good faith by supporting evidences in the waiver.
do i have to do anything on my part as they have filed petion to withdraw the application???
Put on your running shoes, get a quick divorce and file for a waiver.
Dont leave the country.
Mar 27th 2009, 3:36 am
#10
BE Forum Addict
Joined: Jun 2005
Posts: 1,131
Re: I-751 withdrawn. please help
Lostlove, I think they care why it didn't work , the immigration officer asked me why it didn't work.
Mar 27th 2009, 3:55 am
#11
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Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: I-751 withdrawn. please help
Mar 27th 2009, 4:23 am
#12
BE Enthusiast
Joined: Jul 2007
Posts: 601
Re: I-751 withdrawn. please help
Milan, I guess your right since this is a waiver and the spouse wrote something to the CIS. They may care about the reasons but that doesn't imply that approvals are based on the reasons of the divorce. Reasons could be anywhere from stinky socks to someone who doesn't want to have kids.
Mar 27th 2009, 7:05 am
#13
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: I-751 withdrawn. please help
Oh, you seem to have a fascination with bold font... your posts might be easier to read if you didn't use it... except perhaps for emphasis! Then your posts could really pack a punch - a lot like stinky socks!
Ian
Mar 27th 2009, 7:51 am
#14
BE Enthusiast
Joined: Jul 2007
Posts: 601
Re: I-751 withdrawn. please help
Sorry if that bold hurt your eyes.
