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I 751--Good Faith Waiver Provision

I 751--Good Faith Waiver Provision

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Old Dec 6th 2009, 11:13 am
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Default Re: I 751--Good Faith Waiver Provision

Originally Posted by Rete
See Post #8 by Folinskyinla
The way I read it, Mr. F. was talking specifically about a VAWA filing - I don't think this applies here. The OP isn't filing a waiver based on abuse.

Ian
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Old Dec 6th 2009, 11:41 am
  #17  
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Default Re: I 751--Good Faith Waiver Provision

You don't like that one. Then read the thread on it that he started in June. It is not about VAWA cases

http://britishexpats.com/forum/showt...-751%2C+waiver

He called me on it often enough for me to remember
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Old Dec 6th 2009, 2:05 pm
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Default Re: I 751--Good Faith Waiver Provision

Hi sunny21.
First of all sorry about your divorce. I was a waiver applicant too and was recently approved as well, (this year in March) I can only speak for myself as each case and IO is different. But the evidence I submit with my application :

Capital One , Chase, Citibank joint credit card statements from day one.
Health Insurance joint
Life Insurance beneficiary on wifes, and she was on mine.
Bank of America checking and saving joint account statements from day one.
Investments account, joint.
Netflix membership , joint
Utility bills , both names statements from day one
Cox cable, both names statements from day one
House phone both names statements from day one
Cellular phone both names statement from day one.
Auto-Insurance both names statements from day one
Gift receipts
Tax returns jointly filed as married
My wife being on my saving and checking account( overseas account)
Pictures from honeymoon,
Pictures from holidays, birthdays.
Love letters , emails when we met and during marriage
And few affidavits from friends stating our marriage was real.

There is more evidence that I submit but I can't remember it all. My advice to you submit all you can the more you the better chance of an approval. Best wishes Milan
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Old Dec 7th 2009, 3:04 am
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Default Re: I 751--Good Faith Waiver Provision

Originally Posted by 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!
Please do a search its all there
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Old Dec 7th 2009, 5:35 am
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Default Re: I 751--Good Faith Waiver Provision

Hi Sunny,
when I started to read your story - the first thing that came to my mind - you were married for a very short period and got separated pretty much right after getting your green card. It does not look too good. I'm not a lawyer and may be some people are right here about advising you not to tell about abortion, but from the other side after I read your story to the end - the divorce was the only normal reaction that a lot of spouses could have in the same situation.

If I would be you I would tell the whole story (well may be without some details), because this is the reason you got divorce. Yes, this is only your words against hers, but you have the right to tell your side of the story.

As for the evidence - you have a good case, but I would write and explain why you dont't have an account and joint taxes.
I think your lawyer will advise you what to do.
Other than that - good luck and keep in mind your case will be investigated so it might take years to get approved.
I was acused of fraud by my ex and my i751 waiver pending for almost 3 years now, but no one will tell you for sure what will happen in your case.
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Old Dec 7th 2009, 5:47 am
  #21  
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Default Re: I 751--Good Faith Waiver Provision

Originally Posted by alina97
... you have the right to tell your side of the story.
Perhaps... but it doesn't matter to USCIS why they divorced. It only matters that he entered the marriage in good faith.


I was acused of fraud by my ex and my i751 waiver pending for almost 3 years now...
Your case is totally different from this guy's... and you caused most of your own problems... not the abuse stuff, but everything after the divorce.

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Old Dec 7th 2009, 8:23 am
  #22  
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Default Re: I 751--Good Faith Waiver Provision

Originally Posted by alina97
Hi Sunny,
when I started to read your story - the first thing that came to my mind - you were married for a very short period and got separated pretty much right after getting your green card. It does not look too good. I'm not a lawyer and may be some people are right here about advising you not to tell about abortion, but from the other side after I read your story to the end - the divorce was the only normal reaction that a lot of spouses could have in the same situation.

If I would be you I would tell the whole story (well may be without some details), because this is the reason you got divorce. Yes, this is only your words against hers, but you have the right to tell your side of the story.

As for the evidence - you have a good case, but I would write and explain why you dont't have an account and joint taxes.
I think your lawyer will advise you what to do.
Other than that - good luck and keep in mind your case will be investigated so it might take years to get approved.
I was acused of fraud by my ex and my i751 waiver pending for almost 3 years now, but no one will tell you for sure what will happen in your case.
Alina:

The USCIS is not concerned with the rants and raves during the relationship. They will remove conditions only if he has entered marriage in good faith, and thats by him demonstrating relevant evidence.

An accusation of fraud puts him in a Bermuda triangle. He, USCIS, and the angry EX. Only his good faith evidence will remove conditions. Similarly his EX needs strong evidence to have him removed.

Last edited by lostlove; Dec 7th 2009 at 8:37 am.
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Old Dec 7th 2009, 9:03 am
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Default Re: I 751--Good Faith Waiver Provision

The OI does not have the time to sit and listen to every sob story in detail, they want the facts and thats it unless, like in Alinas case its complicated, then they might probe further.

Last edited by meauxna; Dec 7th 2009 at 12:37 pm. Reason: OP's request
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Old Dec 7th 2009, 12:17 pm
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Default Re: I 751--Good Faith Waiver Provision

Thank you all for these thoughtful and valuable inputs.

Another evidence which I am going to submit is the report from my psychologist--I was receiving mental health services for major psychological depression which I suffered after all these events happened in my life.

Will this report add any value??

And I guess, I am going to wait until I get "divorce decree" in January and then file I-751.

Last edited by sunny21; Dec 7th 2009 at 12:36 pm.
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Old Dec 7th 2009, 12:30 pm
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Default Re: I 751--Good Faith Waiver Provision

Please don't post emails or the dirty details of the relationship here, this really isn't the appropriate place.
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Old Dec 7th 2009, 4:55 pm
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Default Re: I 751--Good Faith Waiver Provision

Dear Alina
You actually reminded me of something very interesting I remember my IO also mention about the length of marriage. My IO told me and to my lawyer that he usually doesn't approve waiver cases that were divorced right after receiving GC because that clearly shows something suspicious , so lostlove believe it or not when it comes to waiver I-751 yes they are very interested when the couple separated or divorce especially after the GC was issued. My IO asked me twice when me and my ex wife separated. And then he asked Mr. K... do you remember after you received your CPR when did you seperate and file for divorce. But again that might be my IO the way he is processing waivers and decide whether to approve or not. Again I wish the OP very smooth and successful process and please keep us posted. If it helps you , we filed for divorce 13 months after receiving my CPR. Best wishes Milan
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Old Dec 8th 2009, 12:40 am
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Default Re: I 751--Good Faith Waiver Provision

Originally Posted by sunny21
Will this report add any value?
No. As I've said before, the reason for the divorce doesn't really matter nor does anything that happened afterwards. The sole criterium for a non-abuse waiver is that the marriage was entered into in good faith.

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Old Dec 8th 2009, 2:38 am
  #28  
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Default Re: I 751--Good Faith Waiver Provision

Originally Posted by milan79
Dear Alina
You actually reminded me of something very interesting I remember my IO also mention about the length of marriage. My IO told me and to my lawyer that he usually doesn't approve waiver cases that were divorced right after receiving GC because that clearly shows something suspicious , so lostlove believe it or not when it comes to waiver I-751 yes they are very interested when the couple separated or divorce especially after the GC was issued. My IO asked me twice when me and my ex wife separated. And then he asked Mr. K... do you remember after you received your CPR when did you seperate and file for divorce. But again that might be my IO the way he is processing waivers and decide whether to approve or not. Again I wish the OP very smooth and successful process and please keep us posted. If it helps you , we filed for divorce 13 months after receiving my CPR. Best wishes Milan
Milan:
Yes, the length of the relationship after the conditional GC will be a legitimate subject of thought, but by itself its unsatisfactory for a denial.

Although you divorced 13 months after conditional GC, you were meditating about divorce 5 months after you got your card.

Originally Posted by sunny21
Another evidence which I am going to submit is the report from my psychologist--I was receiving mental health services for major psychological depression which I suffered after all these events happened in my life.

Will this report add any value??
Sunny, what does your AILIA counselor lawyer say?

Are you going for the good faith option or the abuse option?

The CIS may disregard the report as the depression came after your events. Besides a tailor-made eloquent report coming from mental health expert sitting in a flamboyant office would not be taken seriously for the Good Faith waiver.
Depression is normal after divorce. This is not an understatement, don't confuse your post divorce depression with abuse.

Last edited by lostlove; Dec 8th 2009 at 3:10 am.
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Old Dec 8th 2009, 5:58 am
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Default Re: I 751--Good Faith Waiver Provision

Originally Posted by lostlove
Milan:
Yes, the length of the relationship after the conditional GC will be a legitimate subject of thought, but by itself its unsatisfactory for a denial.

Although you divorced 13 months after conditional GC, you were meditating about divorce 5 months after you got your card.



Sunny, what does your AILIA counselor lawyer say?

Are you going for the good faith option or the abuse option?

The CIS may disregard the report as the depression came after your events. Besides a tailor-made eloquent report coming from mental health expert sitting in a flamboyant office would not be taken seriously for the Good Faith waiver.
Depression is normal after divorce. This is not an understatement, don't confuse your post divorce depression with abuse.
No bro you got it wrong I got GC in Feb.2006 and separated January 2007 thats like 11 months to me, not 5 lol.
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Old Dec 8th 2009, 8:12 am
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Default Re: I 751--Good Faith Waiver Provision

Originally Posted by milan79
No bro you got it wrong I got GC in Feb.2006 and separated January 2007 thats like 11 months to me, not 5 lol.
Read my post again. I used meditating about divorce. In simpler words it means: thinking about divorce 5 months after you got your card. Which is true, the attached link will refresh your memory. http://britishexpats.com/forum/showt...39#post3952939

I never said anything about your separation. Date of separation can be misspoken and are not credible. The other dates are official.
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