sunny21

Hi All:

I have a case with following details.

1) F-1 student entered lawfully in July 2004
2) Got married to a U.S. citizen in August 2007
3) From August 2007 to January 2008-- I 130, I 485, interview etc
4) In Jan 2008 got conditional green card
5) March 2008 I separated from my wife
6) In October 2009 got divorce NiSi
7) Currently, filing for a I 751 under "good faith condition".

Some of the evidences that I will be submitting with my case

1) 4-5 affidavits from friends and people who has seen us as a married couple
2) My Ex was pregnant for 5 months, and then she terminated her pregnancy against my wishes and consent--so I have ultra sound images of my unborn son
3) I also I had tried to seek 209 A order (restraining order ) on the behalf of my unborn son to stop her from terminating pregnancy. But I was unsuccessful in my efforts. I have all police records of this
4) Many pictures --marriage, celebrations, vacations, family time, etc.
5) Many e-mails between my Ex and I
6) Health Insurance
7) Car Insurance
8) Car papers which we had bought jointly
9) Rental lease
10) As an angy spouse, my wife had accused me of doing marriage fraud in the “Family Court”, and had filed "Complaint for Annulment", which she has lost, and the court had already have dismissed her allegations of committing marriage fraud against me. I have all certified copies of court verdicts.

Now my questions to you

1) Based of above information, what is my likelihood of getting an approved I-751?
2) Are these enough evidences from my side?
3) I am sure that my Ex must have informed USCIS accusing me of committing fraud, in that case how it will affect me?

Would greatly appreciate your comments.

PepsiChic

I've not been through this so I maybe cannot offer you too much advice but heres somethings you may want to consider getting as support/evidence for your interview:

Joint filed Tax returns
joint bank account information
joint bills (phone, electric etc)

do a search on the forum for I-751 threads there are many out there and some have good lists of things you may not have though of already, others may have examples of questions you might be asked at the interview.

good luck!

ian-mstm

You probably know that you must have the divorce absolute, prior to filing the I-751 waiver. Wouldn't want you to get tripped up on that minor distinction!


My gut feeling is not to include any of this information. In the US, a married woman doesn't need the consent of her husband to terminate a pregnancy. It may be an emotional roller coaster for you, but it serves no purpose other than to inflame the emotions of the person reviewing your case. Including this information is a three-edged sword that may not necessarily work in your favor.


This stuff is all good evidence, as long as it shows both names! PepsiChic has also offered great information to support your waiver.


This might help you,


Probably good.


Everyone asks this question. There's no way to know... but quality of evidence is just as important as quantity.


Generally, USCIS dismisses such information... but on occasion (and we have seen this recently) it can really screw up an I-751 waiver. Again, there's no way to know in advance what will happen in your specific situation. To that end, you must still file anyway and see what happens.

Ian

sunny21

Thank you, Ian and Pepsichic for responding to me.

1) As our marriage was short-lived, we never got a chance to open joint bank accounts. Mainly, due to I was not working in fisrt 3-4 months of our marriage. Then we relocated into differnt town, and her preganacny kept us busy, we really did not get chance to open joint bank accounts.

2) We were seprated before April 15, we also did not get chance to file taxes together that year.

3) We never had landline, only independenct cell phones.

4) About preganancy-- I always wanted to have kids with her and raise a healthy family together, but unfortunately she had different priorities than me. It was an unplanned preganncy and we had decided to keep it initally, but later on she changed her mind. I was actively invloved taking care of her during pregancy. Doesn't it show that my intentions were in good-faith to have family with her?

5) I thought right now I can submit with a Divorce NiSi and then could submit Divorce Decree once I get it in January. I am hoping they will send me "Request for more Evidence" notice regarding Divorce Decree.

Thank you agian for your time

Rete

Where in the US do you live that you received a divorce decree NISI? It is unusual that is why I ask.

As for the pregnancy and your involvement in her care, that is heresay, so I would exclude it. If she is vindicative she might well say that she aborted because of fear of having a child with you because of mental or physical defects or just being tied down to you. BTW where was she able to abort at 5 months. Again, afaik, this is unusual so late in a pregnancy.

You may have separated but she and you both were suppose to file your separate taxes indicating "married, separate".

You can file with the NISI and await an RFE.

sunny21

Hi Rete:

I am from the liberal state of Massachusetts, where any woman can abort baby until 24 weeks of pregancy. She aborted in 22nd weeks.

I think I do not care what she will accuse me. But I know that my intentions were always in good-faith to have a family with her. Abortion of my unbon son was agianst my feelings, emotions, and religiuos beliefs, and that is why I decided to file divorce. I knew that I am going to get all legal troubles considering that I do not have "full green card". But still I decided to come out of our relatioship.

Yes, I have 1 year of tax returns (2008) which I had filed as " married but seprated". Should I include that?

Thanks agian.

lostlove

Hi Sunny and welcome to BE!

Yours is textbook example involving an angry divorce and accusations of fraud.

I am hurting today after falling on the tennis court, so I will make this quick.

Answers to your concerns.

Good

Good

Your waiver will be pulled to the local office for an interview. Put on your running shoes and file the 751 waiver with help of on AILIA lawyer ASAP.

Feel free to post more of your concerns. BE has a great team of knowledgeable regular posters conversant with your problem.

sunny21

Hi LotsLove:

Thanks! Hope you will feel better soon.

Yes, BE has good source of information. I have retianed an AILIA immigration attroney, but still I am nervous about what will happen. I was reading "Summet_Vasu" thread, got concerend because his 1st I-751 also was denied after submitting many evidences. So thought I should check with you guys.

Re runing shoes, which are already on for last 18 months, and I am not planning to take them off for next 1 year.

Thanks agian!

Poppy girl

I was approved and did not have half of what you submitted,when I was at the interview all the IO asked for was 1 piece of evidence about my marriage and that was a 3 yrs old lease agreement.


Good luck.

sunny21

Hi Poppy Girl, thanks for your encouraging words. Can you please provide me some more information on your case, if you don't mind.

1) How long you were married?
2) How long did you live toegther after getting Conditional GC?
3) Was your spouse angry on you?

Thanks!

ian-mstm

Since you're new... 1) there is a handy search feature at the top right of each main page, and 2) if you click on someone's username in the lefthand column, you can look at all their prior posts.

Ian

ian-mstm

Forgive me, but this seems contrary to what we've been telling people for many years now - that they must have the divorce absolute before filing an I-751 waiver. Indeed, you and I have both said as much countless times. What's changed?

Ian

ian-mstm

You *do* have a "full green card". That there are conditions on that card is irrelevant. Your 2-year green card carries the full weight and force of the 10-year card, including all benefits and responsibilites.

Here's a thought to keep with you during the coming months... you are now and continue to be a PR until such time as an immigration judge (not USCIS) says you're not.

Ian

Rete

Actually I do believe that this has been changed recently.

See Post #8 by Folinskyinla

http://britishexpats.com/forum/showt...ght=751+waiver

PepsiChic

Yes include whatever tax returns you have that show a joint filed or married but seperated filed tax return.

I think the advice about the abortion is good advice, I dont think you should bring it up at the interview or at all in your application. It may have been in good faith on your part, and yes it probably hurt you a lot.

BUT emotions aside this could be more damaging to your case then good. As pointed out before your wife could say she didnt want a child with you for x,y reasons and this could cast doubt over your intentions to anyone interviewing you.

Id leave this out, and dont get emotions involved in this.

good luck!