ILM

I just had my court date and was granted a divorce.
I do have the conditions still and I know I have to file an I-751 form.
I asked my attorney for 2 legal copies of the paperwork and am still waiting for that to arriive, one will be sent of course with the I-751.
my conditions dont need to be filed till dec 08 for march 09.
what do I need to do next please and what sort of times do I need to be carefull of?
what paperwork will immigration expect from me now?
do I need to tell immigration now I'm divorced?

Thanks ILM

Ray

You can file I-751 now
did you file the AR11 if you moved ...

Rete

You can file for the waiver of removal of conditions via form I-751 at any time from the present onward. Please print out both the form and the instructions from the USCIC website. Read carefully the instructions for filing for the waiver. If you are asking for removal based on entering the marriage in good faith, you will need to include documentation attesting to the viable social and financial comingling of your lives while you were married. It is much the same as when you went for your original AOS interview. Include a heavier percentage of documentation from the years after the AOS interview up to the date the divorce was filed.

Also remember that you are required to file an AR-11 within ten days of any move.

Good luck.

Folinskyinla

Hi:

I don't know NY law -- but is your dissolution FINAL? It may be that you are still legally married.

Once the marriage is final -- you can file the I-751 waiver of joint application at ANY TIME. I happen to think that not waiting is a good idea -- it looks good and the memories and documentation are fresh.

You got a lawyer for the dissolution of your marriage, why not a least a consultation for the immigration end. This is an area where DIY might not be the best path.

Rete

Yes, NY Divorce law does not have the 30 day grace period to rescind the judgment.

ILM

Thankyou all for you responses so far, I havent moved and I still own the house I live in.
Although we were together for over a year here, I dont have anything in both names i.e bills etc as i paid my bills and she paid hers, we did have a joint account but she has any paperwork for that which is now cancelled and I have no contact with her to get back any other paperwork she may well be holding that may help me, so i'm at a bit of a loss as to what I should be sending as I dont appear to have anything here.
I did have a car in both names on the title but I just had to get it into my name and before i could get a copy the DMV took it.
I may be in a bit of trouble here please advise!

ILM

Noorah101

You will need proof. Contact the places where you used to have joint accounts or joint assets and ask for records from them, dating back to those days. If it was only a year ago, they should still have them. You must have filed at least one tax return as a married couple, so definitely contact IRS and get a transcript of that. Did you ever had health insurance together? Car insurance? Were you or she the beneficiary of any life insurance, investments, etc? Joint credit cards? Get affidavits from people who knew you as a couple.

Rene

ILM

ok I can produce some documents like car insurance house insurance and a car purchase recept that has both names on them.
I cant however produce IRS documents, as she left before we filed together, I filed married separate.
I can also ask some friends that knew us as a couple to get me affidavits of support, can someone please give me an example of what should be written.

thanks ILM

Noorah101

Get a transcript of the tax return you filed showing "married filing separately". That still shows you were married and will be necessary to include with your I-751.

Rene

ILM

I filed online so I will try and get the copies when I can.

I was thinking about all the hustle shes put me through re courts etc , is it worth me sending the paperwork for my cases as proof of her vindictiveness towards me.

Also I would like an example please anyone of what an affidavit of support is supposed to look like.

ILM

meauxna

An affidavit of support is something other than what you are talking about.

Sworn affidavits from your friends are just a one page letter or note explaining how they know the two of you and why they think your marriage was bona fide and not only for the immigration benefit.

CALL the IRS to get your transcripts. You don't even have to talk to a person.

Noorah101

Good. You can get transcripts from IRS ordering either by phone or on their website.

That might be good proof of why you're getting divorced...but you'll also need proof that the marriage was entered into in good faith, and that you had a good faith marriage up until the point of something wrong.

There's no set format. It should be written by someone who knows you as a couple, maybe even from the beginning of your relationship or marriage throughout this whole time. It should just be a brief paragraph or two of how this person knows you and your wife, how long they've known you, what you guys all did together, with dates...as in "Fall of 2007 we went with Mr and Mrs ILM to such and such place for an overnight camping trip", or whatever the case may be. All they are doing is acknowledging that your marriage was bonafide. Try doing a search for "I-751 affidavits" on this forum, you'll probably come up with something.

Rene

Cherr1980

Regardless if you file online (as many of us), the IRS keep records of everything you filed and you can ask for FREE transcripts, they arrived practically in a week, they arrived in mine in less than 5 days. Is the same as the tax returns with schedules and everything just in a simple format and they came from them so even better.
Even if the account has been closed less than few months you can still try to ask for old statements, they will cost you, but they are worth it since is your only proof and you many little.
Remember to put a cover letter, I did not put it on my joint petition but I am doing it on my waiver one (I am waiting for my court date hopefully soon). The attorney that I went for consultation explained me that is good to put that letter and explained why you get divorced and if you did something to save the marriage. Or in the case that she is the one who caused a major issue then put it but few words about it. Is not a divorce letter and then that you are presenting this and that as proof of your bona fide marriage.

Just a question, even many of your bills were not joint at least both of you had authorization to do transactions in behalf of the other? You can ask if they can give you a letter stating that you were (from this date to this date). Unfortunately some places that won't do it but you keep trying.

Here you go one, they must be notarized.
David Smith
Address
City, State zip
(telephone number)

Date


To whom It may concern:


I am writing this letter to support the I-751 petition by Jane and
John Doe. I have known Jane and John since (date), when we met while
John and I were co-workers. I served as best man at their wedding.
Since their marriage, I have seen Jane and John together as a couple
many times and in a variety of situations, both at my house and
theirs, as well as in public. They appear to be a legitimately
married couple.

The most recent time that I saw them as a couple was at Jane's
surprise birthday party hosted by John.

If you have any questions, I may be reached at the phone number or the
address above.


sincerely,


David Smith

Rete

Take a look through your paperwork. You will be pleasantly surprised by all the things you will come across that can be used as proof. There are birthday cards, anniversary cards, e-mails in your sent box, an order slip for furniture or an appliance with the other's person name on it but your address, etc.

ian-mstm

Not if the "magic language" is used.

Ian