Yatsek

I currently hold a conditional GC. My marriage ended in a divorce on June 20th, 2005 (separated 6 months before).
At this point I have 2 options:

- Apply for a good faith waiver. I will have bank statements, car insurance statements, wedding pictures showing mine and her parents, 1 or 2 affadavids. I cannot find the copies of apartment leases (I gave them USCIS during the GC interview a year ago, do they still have them? I saw the immigration officer putting them in the folder with my alien number on it).
Do I have any chances? Should I hire a lawyer? My wife and I don't talk to each other anymore, she (or anybody from her family) will not give me an affadavid.
Does anybody have a real experience with the waivers and documentation?

- My current girlfriend wants to marry me. What paperwork should I use, since I've been a conditional permanent resident already. Do I have to start everything from the beginning?


thank you for any advice, please don't hesitate ask me for any additional details

Jacek
Philadelphia, PA

sphyrapicus

File the I-751 waiver that shows you entered into the marriage in good faith. Just because you are divorced does not mean you don't have a chance. Many have reported filing successful waivers over the years. Good luck.

Yatsek

thanks a lot, Sphyrapicus

is the lawyer necessary?

sphyrapicus

That's up to you.

All I can report is that I've read many accounts by do-it-yourselfers that were successful.

As with any I-751, provide lots of evidence that the marriage was entered into in good faith. There is a fellow named Aguila on here who is the resident expert. You might try emailing or IM'ing him. He just recently was approved for an I-751 waiver, following a divorce.

Yatsek

thanks again, I'm checking his posts.

Folinskyinla

Hi:

Yes, your I-751 Waiver stands a chance. You should file it. Hiring a lawyer is up to you.

I'm puzzled on the questions regarding marrying your current girlfriend. I find it strange that you visualize your choices as either being legal and unmarried or being married while remaining illegal. Praytell, what problem do you perceive by marrying her AND being legal?

As for the paperwork in getting married, that is a matter of Pennsylvania law if you chose to marry in PA. From what I understand, the Commonwealth doesn't care about your immigration status when it comes to marriage.

zeal

Hi
I am in same kind of situation. I filed for removal of conditions a month ago but now we are having problems in our marriage. In case it end up in dovorce then what I need to do as i already have filed for the removal of conditions.
Thanks for the response in advance.

bionomique

Didn't you ask this in another thread already?
http://britishexpats.com/forum/showthread.php?t=318594

Simply put, once the divorce is final, file a waiver with the evidence of a good faith marriage and your decree. My understanding is that a jointly filed petition will not be adjudicated if the parties are no longer married.

Yatsek

Thanks for the response.
I was not very clear on the new marriage. Me and my girlfriend love each other and will probably get married somewhere down the road.
My problem was:
if we did get married sooner, I would not submit the I-751 and take my chances on the interview. I would rather get a new green card through my new wife, I would be 100% sure about supporting documentation in this case.
What forms and paperwork should I submit in this case?

thanks again,
Jacek

Just Jenney

Maybe it's just me, but it sounds like you're trying to make things more complicated than they need to be. Why would you start all over again from scratch if you have the chance to simply get the conditions removed? You have documentation and affadivits to present to prove that your marriage was entered into in good faith; if you had nothing it might be a different story.

After all, if you choose NOT to have the conditions removed, you would probably have to leave the US, since you wouldn't have a valid visa anymore. That means you'd have to do the K1 or K3 route, and then go through adjustment all over again.

Personally I would just try to get the conditions removed but have a back-up plan if that doesn't go through for some reason.

~ Jenney

Brit3964

I'd stay with the current I-751 route myself. From what I've seen and read, second marriages are closely looked at. It looks like you should have enough evidence to support your case. Expect an interview.

I'd also take a lawyer with you for the interview. They tend to be nicer to you than if you go alone.

Been there, seen it and done it. Good luck.

Yatsek

Thanks for your message.

I spoke to the immigration lawyer, he said that even with the documentation the chances for a waiver approval are 50%. I read other posts on this web site by a person named Aguila, he has the same numbers from his own research. Of course there are no true statistics available about I-751 waiver approval.


I remember not getting a J-1 student visa at the embassy in Poland. My papers and invitations were real and perfect. I was coming on the internship program. The immigration officer said no without specifying the reason.

I just had this one bad experience.

As far as my ex marriage - I was working 2 jobs, my ex-wife quit her job and was not looking for a new one treating me like slave. This was the origin of our financial problems, that lead to others.
Is it a good enough reason, why the marriage didn't work out?
It will depend on the particular immigration officer (in my opinion).

Jacek

AGUILA

Jacek:

Don't be afraid if you entered in your marriage in good faith you will succeed. You will win your case one way or another. USCIS adjudicator can deny you, but you can argue your case in fron of immigration judge. There is a lawyer here that claims that in many many years of experience hasn't lost once.

bionomique

LOL. That could indeed be true, but, any attorney has the right to refuse a bad case, you know

Folinskyinla

Hi:

Aquila is being polite -- I happen to be the attorney and what I've said is that I've never lost a 751-waiver denial which was renewed before the Immigration Judge. I HAVE lost them before CIS with ultimate success if and when we got to the IJ.