1751 waiver
 

hi guys, l'm new to this site and looking for help.

lts gonna be 2 yrs this March since l married my u.s.c wife. My AOS was aproved in Oct 08, and received conditional card 2 weeks later. Unfortunate my marrige has fallen apart after returning from abroad for 3 weeks and I caught my wife that l love very much w/another man. She kicked me out and told me never to come back. l went to police the following day and reported the incident.

When l came back the door locks were changed and l had to go and stay w/friend. She told me she called the USCIS and reported me for marring her for papers. l have tried everything to save this marrige but she wont co-operate at all. l'm thinking of filling for divorce. She told me l don't have any evidence to prove the marrige was legitimate but l have a few of things that I was able to get online b4 her changing the pswd.

1. 3 yrs lease both names
2. health ins both names { cards}
3. dental ins both names {cards}
4. car ins both names
5. AAA ,BJS, Cosco clubs cards
6. emails even b4 we got married
7. joint banks statesments even
8. receipts for vacation in canada [car rental,motel and etc.]
9. taxes 2yrs married but filling separate
10. 100+pics both me her family and my step daughter
11. both IDS showing same adress, social sec card w/my name
12. we pay everthing by checks and have all the receipts
13 cell phone bills [family plan] including her mother-in-law
14. electric, cable, water bills with our names,
15 credits card and statements

Do l have a chance of staying in this country even after my wife hurting me like that. l can't believe she did this to me. She send me an email confessing the affair and later. l need advice

Re: 1751 waiver
 

fizzapal, Welcome to BE!

I think you have a similar case to one of the members here (totally_broken), however you still have time since your Conditional Green Card doesn't expire until October of this year. Before thinking about the evidence you need to include with your I-751 waiver, you first need to think about the primary requirements for filing a waiver. I presume yours will be a waiver based on bonafide marriage that ended in divorce. However, you haven't yet filed for divorce, which is OK as long as you provide a divorce decree along with your I-751, AND your divorce decree will be ready by the time they send you an RFE (Request For Evidence). Again, you have 8 more months for your current GC to expire so i guess, depending on how long your divorce takes to get finalized which varies from one state to another, you're OK.

Now for your evidence, it seems good. If i were you, i would try to get statements from health and dental insurance providers that shows any sort of activity along with the cards. I know including repetitive evidence of the same category may seem as an overkill, but I don't see how it would hurt. You may also want to include a personal testimony as to what led to your marriage to fall apart (and you may want to include a copy of her email).

Bottomline: figure out your divorce options THEN worry about preparing the I-751 form.

You'll find plenty of people here on this forum who were in your shoes, so try to get some research done and I'm hopeful it will be of assistance to you.

Re: 1751 waiver
 

thxs okalian for your support ,l feel much better after reading your post. l started divorce process 2weeks ago .l'll call both dental and health ins for the statements.

Re: 1751 waiver
 

Yes - a good chance. If you speak to her, you might want to remind your wife that divorce does *NOT* release her from her financial obligation under the I-864 Affidavit of Support which she signed, and which is a binding contract with the US government. It is in her best interest financially not to interfere with you as you remove conditions and then subsequently apply for naturalization! :)


More ammunition for you! I hope you kept the email. It shows that it was not you who abandoned the marriage.

Ian

Re: 1751 waiver
 

Which is probably the reason why she informed USCIS that it was a marriage entered into fraudulently.

Re: 1751 waiver
 

thxs lan, yes l do have the confession email.l have no way of contacting her now,my divorce attoney sent her a letter to contact her but she ignored it.she also sent a divorce complaint through sheriff yesterday.we have no kids tongether,no property.l really love this girl but she dont wanna anything to do with me,shes dating her former boyfriend whom she cheated me with.

Re: 1751 waiver
 

Completely OT

Are you by chance using a handheld device to post on BE? Regardless it would be very helpful if you were to use capital letters where appropriate and to place spaces between sentences. Your posts are very difficult to read.

Thanks.

Re: 1751 waiver
 

l'm sorry ,Rete, l try my best to communicte well with you guys.l'm not that good in english.

Re: 1751 waiver
 

That's okay. I understood that English was not your first language. You are doing very well. BTW which country are you a native of (passport holder of)? How did you meet your wife?

Re: 1751 waiver
 

You have an excellent chance of staying in the US. A good immigration attorney is in the business of giving you advice and navigating the path to to keeping lawful permanent resident status.

Re: 1751 waiver
 

Rete to answer ur question. l come this may its gonna be 5yrs since l met my wife for the 1st time in 2005.she happened to aply for a job in the company l was working for,at that time she was dating her boyfriend whom she cheated me with.6moths later they broke up after he cheated on her.in 2006 we started dating and got married in 2008,my heart is broken coz l really loved this girl .

Re: 1751 waiver
 

I understand that this is difficult for you, but the fact that she cheated on you is totally irrelevant to your immigration issues. You now have two separate issues: 1) Divorce; and 2) Immigration. They are not linked together, so you need to separate them in your own mind. Since you don't need to deal with the immigration aspect until July (when you'll need to submit an I-751 to remove the conditions on your status), just concentrate on the divorce for now.

Ian

Re: 1751 waiver
 

Thanks Ian,l'll deal w/devorce 1st.

Re: 1751 waiver
 

Fizza:

I think the other posters have given you valuable advice about your problem. Make sure you answer pertinent questions asked by other posters, your answers help them to lead you in the right direction.

Do not mix divorce and immigration, attend to them one at a time.

Your evidence looks good. If there are any other concerns in your application, they will be addressed with a RFE and/or an interview.

I am sorry that your relationship has seen multiple instances of cheating, but that doesn't really count. People cheat for wide variety of reasons.

USCIS is neither in the business of embarrassing cheaters nor giving justice to the cheated.

Good Luck:)

Re: 1751 waiver
 

thxs Lostlove for your input.