lostlove

Hello everyone I am back in with a new update.

This is my last thread that was closed
http://britishexpats.com/forum/showthread.php?t=464624

So my time line till now:
I got my CPR Oct 2006
Divorced May 2007
Got a removal notice accusing me of fraud June 2007 also terminating my CPR.
Filed for I751 good faith waiver Oct 2007 and done biometrics.
Interviewed July 2007: Interview was OK, I had good evidences like leases, insurance, photo albums, affidavits etc. Now at the end of the interview, the officer shows me a very nefarious letter from my Ex... blaming me of marriage fraud. In a fit of rage I denied everything.
Guess I was angry and bitter seeing that letter. I told the officer that he can accuse me of being a bad husband, or for not handling the relationship smoothly in rocky times, but don't accuse me of marriage fraud! That harmful letter buggered up my case.

The officer said the result would be mailed to me. Now its been 5 months I am waiting for an approval/denial....And I cant travel abroad till this is not cleared in front of the IJ. Appeared 3 times before the IJ who continued the case waiting for an USCIS decision.

Folinskyinla

Hi:

What does your lawyer say about it? Why do you consider your ex's letter to be bad for you? Just curious.

Remember this: if CIS denies the I-751, then the Immigration Judge can hear it. If the IJ says no, then up the BIA.

Assuming your marriage was, in fact, bona fide at its inception, what you describe is pretty good case. If the case goes to the IJ, ICE might be stupid enough to call your ex- as a witness -- which will be the icing on the cake for your case. I recommend you remain very good friends with people who knew you both.

Good luck.

lostlove

thanks Mr. F....my lawyer always talks of positives in my case, and i think if there was no letter I would have been approved by now instead of the case being pending.

Mr F. any idea how long can a I 751 take to get processed? and what are the chances in front of the IJ?

Folinskyinla

Hi:

The length of time it takes to adjudicate any particular I-751 is quite easy to compute once you have the date it was filed and the date it was finally adjudicated -- the length of time is the difference between the two. I've found this to be the most accurate way to calculate it. A variation of it takes two points to define a line -- you only have one point right now.

I also read your prior thread and I have the reaction of "How in the hell should I know? I don't really know the relevant details of your case" and I really don't need to know them. I may be a lawyer, but I am not your lawyer.

And for all I know, you may have the DAO from Hell adjudicating your application.

adjudicator89

Ok , so my question is, they read the letter and now what? so if it was so long sice the interview, what are they doing now? Are they investigating?

lostlove

no clue....maybe our experts can comment. Milan did you hear from them after your biometrics?

adjudicator89

Hello lostlove,
Yes, I actually did, they send RFE I think for marriage license, since then nothing, now I have to get another I-551 stamp in Feb 09 as the one I have is about to expire, at one point I was wondering if my ex send any angry letter, but I just talked to her 2 weeks ago and she said no that she would never do thet to me. We stayed good friends after divorce, sometimes I am thinkin' why people have to be so hatefull to each other after divorces, we divorced cause, we were arguing a lot and we couldn't agreed on that I wanted kids in the future , she didn't but she told me before marriage that yes we could and after marriage it changed. So there was also something else but it's personal. We went to counceling but it didn't work so we divorced but remained as friends. Wonder if USCIS will have a problem with that. But after the RFE no word its going on 15 or 16 months I believe, and they transfered my file to CSC (i have heard for faster processing, yeah right LOL LOL) Let me know what you think.

lostlove

congrats milan on getting those approval letters.

My saga continues with confusion within the CIS. I called the toll free and spoke to a higher level IO. After a day I receive a " you have no pending application at our office, you are in removal" letter from the local office that took my interview.

Since I did my address change, I got a confirmation from CSC that my pending application 751 address is changed just a week back. Neither me or my lawyer have received anything about my pending waiver.

The online case status says " application received and pending".

Very confusing, I will go for an infopass next week since I have 2 contrasting letters.

adjudicator89

Oh gosh what a mess. So they never did anything??

Poppy girl

Yes and believe me I have had those so called higher level IO's on the phone and what a load of cr@p they came out with. how they would do this that and the other etc etc and never did, I once got a very sweet female IO who was wonderful, but that was a one of.

I have no idea why your lawyer is procrastinating on this!
I am sure one of the resident lawyers will chip in here, but they normaly have access to numbers and people that are not generally open to the public, so why is he not moveing his butt!!...............Sorry I am just frustrated for you.

adjudicator89

I am tto frustrated for him. He is a nice guy and he was in a long relationship that to me is way beyond of scam. So are you in removal or what is going on?

lostlove

Its 2 things going on at the same time: A 751 good faith waiver and a removal with 2 agencies. 2 faces of the same confused beast!

Lawyer shouts "Patience Patience" everytime I make an inquiry. And then hes like "you are a PR till an IJ decides your not!"

adjudicator89

Don't like your lawyer :-) I know with immigration is wait wait, but last time you told me the IJ was upset that it takes them so long (way too long) to make the decision. So your lawyer better move his bottom quickly.

ian-mstm

Well... this bit, at least, is true.

Ian

durdu_lica

Did you talk to your representative? Have you found cases that are very similar to yours? I know we talked about this before, but my opinion is that if they had very strong evidence, they would have denied your case on the spot. What my lawyer told me is that the IO HAS to have strong enough evidence to risk appearing in front of the IJ and all the attorney costs that this incurs. So if they are not sure the IJ will side with their decision, they try to gather more evidence, or the file is just sitting somewhere.

Also, my attorney said you (anyone in this case) need to look at further evidence you might have to gather to support your case, instead of focusing on what you already have (because you have to force them to say 'yes'). And it seems right now they can't give you a 100% 'no'.

That's my take on it, stay strong in this.