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Wavier based on good faith marriage

Wavier based on good faith marriage

Old Nov 22nd 2009, 5:39 am
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Default Wavier based on good faith marriage

Hello Everyone,

Here is my situation and I would really appreciate it if I can get some advice from expert members.
Background:
I am Palestinian (Palestine is not listed in this forum neither at the USCIS website/system). I came here in 2005 for two months then I went back home. In 2006 I came back to the US on F1 and finished my Masters in 2008.
Right after I finished my MA I received an OPT. In the day OPT started, I got married to a US citizen. We got married on August 30th 2008. So we have been married for a little over a year. Since I had my OPT I didn’t file right after I got married. I filed for green card on January 15th 2009. Then went to an interview which took only about 10 minutes and my card was approved. I received the actual card in June 2009.

For the past couple months, our marriage has been going down hill. We have been trying counseling since then it seems it is not working for us. Now we feel we are different and actually stupid. It is so difficult and I don’t think it will work out.
I moved out last week and I was about to file for divorce. My wife asked me to wait. So I waited but I don’t know why, I think I should have filed for divorce. But I know we will have eventually file for divorce.
We have entered marriage for love. She is 30 years old and I am 26.

I know I have to file to remove the conditions on my own if I want to stay- Of course I want to stay in the US.

Here is an example of what I have:
1. Heath Insurance
2. Accidental insurance
3. 401K
4. Two cars insurance
5. Two ownership of cars
6. Joint back account, checking and saving
7. Joint credit card
8. Tax return I filed separately but married.
9. Letters of love to each other
10. Letters from family and friends for birthdays, Christmas, etc///
11. Emails: over 1100 pages between me and her since we got married
12. Records of calls
13. My paychecks and hers
14. Dental insurance
15. Pictures of us and family in holidays and activities: over 3000 (crazy ha? My wife never let go with the camera)
16. Trip planning to Palestine for both of for her to meet my family in August 2009( with pictures and videos with my family)
17. Marriage video
18. Videos of us: more than 12 GB
19. Letters from friends testifying of our marriage
20. Mail that shows our addresses
21. To leases agreements with both of our names on it
22. Comcast bills with both of names on it
23. Netflex with both of name son it
24. Questar gas with both of name son it.

I can’t think of anything else, but I think I have more stuff (please suggest).

My questions are:
• Is this enough evidence to remove the conditions on my own?
• Have you known of any I-751 waiver that got denied? Or ended in deportation?
• Should or should my wife file for divorce?
• How long does it take to get approved? Will I be asked for an interview?
• Do I have any other alternatives if my case was denied? What is the worst case scenario?
• If there are people with waivers that got approved, please share your experiences.
I am sorry for the long post.
Your answers are greatly appreciated.
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Old Nov 22nd 2009, 2:13 pm
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Default Re: Wavier based on good faith marriage

I moved your post to the correct forum. Please do a search of the marriage-based forum. There are quite a few members who have gone through and some who are now going through what you will be doing. There is a wealth of information to read.

My first suggestion is have at least a consultation with an immigration attorney versed in this type of filing. It is always good to have the advice of a legal professional.

From what you have written you appear to have the proper evidence to file a waiver of marriage of good faith.
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Old Nov 22nd 2009, 2:56 pm
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Default Re: Wavier based on good faith marriage

Originally Posted by machita View Post
• Is this enough evidence to remove the conditions on my own?
It looks fairly comprehensive. I say yes.


• Have you known of any I-751 waiver that got denied? Or ended in deportation?
Yes, it happens on occasion... although rarely.


• Should or should my wife file for divorce?
It doesn't matter which one of you starts the process.


• How long does it take to get approved? Will I be asked for an interview?
Most likely, you *will* have an interview. Realize, that the I-751 is a fairly low priority application - it could take 6-8 months or more before you are interviewed, and maybe a few months after that before you receive approval.


• Do I have any other alternatives if my case was denied? What is the worst case scenario?
You have the option to appeal the decision. Worst case scenario - you lose your status as a permanent resident, and are ordered removed from the US. Generally speaking, this is rare... but you asked.


• If there are people with waivers that got approved, please share your experiences.
There are several regular posters who have been successful with a waiver. I'm sure you will hear from them.

Ian
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Old Nov 22nd 2009, 3:47 pm
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Default Re: Wavier based on good faith marriage

Hi M:

Ian and Rete have answered you proficiently and to the point, your issues with the waiver have been addressed well.

I am Palestinian (Palestine is not listed in this forum neither at the USCIS website/system)
This is a global forum and let not the name "BritishExpats" make you feel out of place.

The goal of this forum is to strengthen all immigrants with resourceful information.

From Palestine to Pakistan, from Peru to Poland - All are pleased.
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Old Nov 22nd 2009, 6:27 pm
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Default Re: Wavier based on good faith marriage

Originally Posted by lostlove View Post
From Palestine to Pakistan, from Peru to Poland - All are pleased.
You missed a chance there!

From Palestine to Pakistan, from Peru to Poland - people are pleased.
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Old Nov 22nd 2009, 8:46 pm
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Default Re: Wavier based on good faith marriage

Originally Posted by meauxna View Post
You missed a chance there!

From Palestine to Pakistan, from Peru to Poland - people are pleased.
Meaux the mender.
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Old Nov 22nd 2009, 9:08 pm
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Default Re: Wavier based on good faith marriage

Originally Posted by machita View Post
Your answers are greatly appreciated.
Oh... one more thing... you can *not* file the I-751 waiver until after you are divorced. The divorce must be final before you file.

Ian
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Old Nov 22nd 2009, 11:47 pm
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Default Re: Wavier based on good faith marriage

Originally Posted by machita View Post
I am Palestinian (Palestine is not listed in this forum neither at the USCIS website/system).
Hello my friend:

Your situation does not appear all that bad. As Rete suggested, a paid consultation with a good immigration lawyer. Again, your situation is one that can be handled.

As for being a Palestinian, the US Government does recognize the authority of the PNA when it comes to documentation -- see the following reciprocity table. As for the West Bank and Aza, I think that everyone can agree that there are issues of extremely factious political dispute. The disputed issues will definitely not be resolved in the context of this forum.

I caught on easy to background of the opening. But, I daresay that the issues went right over the head of the posters herel.

Salaam alaikum and Shalom Aliechem.
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Old Nov 23rd 2009, 1:00 am
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Default Re: Wavier based on good faith marriage

Originally Posted by Folinskyinla View Post
But, I daresay that the issues went right over the head of the posters here.
Improper foundation! Making no mention of his nationality, doesn't necessarily mean that the issue went over our heads. All you can infer, is that it wasn't mentioned.

Ian
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Old Nov 23rd 2009, 2:05 am
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Default Re: Wavier based on good faith marriage

Originally Posted by Folinskyinla View Post
Hello my friend:

Your situation does not appear all that bad. As Rete suggested, a paid consultation with a good immigration lawyer. Again, your situation is one that can be handled.

As for being a Palestinian, the US Government does recognize the authority of the PNA when it comes to documentation -- see the following reciprocity table. As for the West Bank and Aza, I think that everyone can agree that there are issues of extremely factious political dispute. The disputed issues will definitely not be resolved in the context of this forum.

I caught on easy to background of the opening. But, I daresay that the issues went right over the head of the posters herel.

Salaam alaikum and Shalom Aliechem.

Thank you all for your replies.
No, the USCIS doesn't recognize Palestine nor West Bank no Gaza. When I saw Jordan on my OPT, I called and wrote to them but they wrote back to me saying that this is something not in their system.
When my wifeand I had the AOS interview I asked the officer about it and she tried to fix it but she never been able to.
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Old Nov 23rd 2009, 5:15 pm
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Default Re: Wavier based on good faith marriage

Originally Posted by machita View Post
Thank you all for your replies.
No, the USCIS doesn't recognize Palestine nor West Bank no Gaza. When I saw Jordan on my OPT, I called and wrote to them but they wrote back to me saying that this is something not in their system.
When my wifeand I had the AOS interview I asked the officer about it and she tried to fix it but she never been able to.
Did you go to the link that Mr. Folinsky provided in his post above? And if you did go to the link, did you read it carefully? I see specific, separate references/instructions for Palestine/West Bank/Gaza all over the place on that webpage.

~ Jenney
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Old Nov 23rd 2009, 5:43 pm
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Default Re: Wavier based on good faith marriage

This is a question you should discuss with several divorce lawyers. It does not relate to immigration except to the extent that if you decide that your wife should be the one to file for divorce it could affect the nature of your filing for removal of conditions.

Regards, JEff


Originally Posted by machita View Post
For the past couple months, our marriage has been going down hill. We have been trying counseling since then it seems it is not working for us. Now we feel we are different and actually stupid. It is so difficult and I don’t think it will work out.
I moved out last week and I was about to file for divorce. My wife asked me to wait. So I waited but I don’t know why, I think I should have filed for divorce. But I know we will have eventually file for divorce.
We have entered marriage for love. She is 30 years old and I am 26.

....

My questions are:

• Should or should my wife file for divorce?
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Old Nov 23rd 2009, 7:13 pm
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Default Re: Wavier based on good faith marriage

Originally Posted by jeffreyhy View Post
if you decide that your wife should be the one to file for divorce it could affect the nature of your filing for removal of conditions.

Regards, JEff
How so? A dissolution of a marriage made in good faith is still such regardless of who files for divorce. Depending on the State he resides in many states have want is called a no-fault divorce.
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Old Nov 23rd 2009, 9:28 pm
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Default Re: Wavier based on good faith marriage

If he decides that his wife should be the one to file then what he does with the I-751 is dependent on when - and if - she files for the divorce. Don't know what her thoughts are on the matter - her wants may not be in line with his wants. (Happens often in divorce, does it not?)

Granted, the chances of his wife jerking him around should his preference be that she should file for the divorce ought to be one of the considerations that goes into the initial decision.

Regards, JEff


Originally Posted by Rete View Post
How so? A dissolution of a marriage made in good faith is still such regardless of who files for divorce. Depending on the State he resides in many states have want is called a no-fault divorce.

Last edited by jeffreyhy; Nov 23rd 2009 at 9:34 pm.
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