Johndoe

I had an INFOPASS appointment this week regarding an I-751 I sent to TSC in Oct'03, and the Charlotte office told me the file is still at TSC but I did the get the stamp good for a year, which makes me feel better.

Just wondering what the hold up could be, maybe IBIS etc, since processing times are showing Jan 19 2004 for TSC I-751s.

Any advice welcome.

SecretGarden

Hi,
Are you eligible to file for naturalization yet? In reading other threads, it appears that filing an N-400 can sometimes jumpstart the I-751 process. Something to think about if you are eligible.

~SecretGarden

Johndoe

Nope, separated.

Trent

Have you tried everything that is listed on this page below:

http://uscis.gov/graphics/services/finding.htm

The page also says that you can write a letter directly to the service center where you filed inquiring about case status. Unless you've already done that, why not write to them and follow the information on the above page and include all that they ask to be included in the letter.

Johndoe

Thanks for the info. I will wait one more year and see how things go.

Thanks
==========================================

Coolman

You may contact your congressman directly if your case is overdue
(beyond the publishes processing dates). They can call the service
center and inquire with a special congressional process. Those dates
can be found here: http://tinyurl.com/5zxqk

You can find your congressional reps here:

www.house.gov
www.senate.gov


--
coolman
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Erli

Johndoe wrote:
    > I had an INFOPASS appointment this week regarding an I-751 I sent to
TSC
    > in Oct'03, and the Charlotte office told me the file is still at TSC
but
    > I did the get the stamp good for a year, which makes me feel better.
    > Just wondering what the hold up could be, maybe IBIS etc, since
    > processing times are showing Jan 19 2004 for TSC I-751s.
    > Any advice welcome.
    > --
    > Posted via http://britishexpats.com

Hello there,

I think from following this newsgroup and the experience of my brother
you very likely may be called for an interview or a chance that i-751
is just running late. Here is the experience of my brother with TSC
and i-751.

Read his experience which I posted some days ago:

He is called for removal of conditions interview. He just
received a notice from TSC. Very devastated! After a very
long and painful wait (hoping that he would not get an interview,) he
got this letter.


Timeline: I-751 NOA: 17 Sep 2003
Letter in mail yesterday telling that he has to appear to local INS
office for an interview after the local office (charlotte, NC) sends a
date and time.


The problem is that his USC wife is very unpredictable and may not want
to go with him to the interview. They are still married but they do not
get along. She constantly uses the conditional green card as a weapon
to ask for things and money from him. She threatened to not go to the
AOS interview in 2001, but went after she mentally tortured him well,
asked for a lot of money and other things to buy, and only then she
barely made it to the interview (almost giving us an heart attack when
she refused to go until the day before the interview). She will play
this game again with the I-751 interview. If she does not go, I told
him to go alone anyway and tell the examiner that she did not want to
come and is playing psychological game (I think would be very difficult
for him to prove that his USC wife is the abusive one-what kind of
proof does he have: it has been all psychological war). What will
happen if he does go alone? What if he goes with her, but she says
something stupid, or the examiner is not satisfied with their
interview? What's next for him? He has documentation to prove
comingling assets. How much a lawyer can help ?
What is the worst that could happen to his status as conditional
resident?

How long did it take for you to receive letter with appointment date
for interview from Charlotte office?
Thank you very much in advance for your input.
Erlie.

Johndoe

For me, I just want to get the waiting done, whatever it takes. The waiting part is the hardest.

I applied in Oct 2003 which is near your brother's date, but we never know.

If it takes another year, I will contact the congress people, but for now I will just chill and see how things ago.

Thanks for the input and good luck.

Erli, please return and give us your brother's interview experience.

Thanks.

Johndoe

I got a letter this evening from TSC saying that my file has been sent to the local office for I-751 interview.

So now all I need to do is wait for Charlotte office to schedule me an interview.

Separated spouse is ready to go with me; I hope this wont be a problem. Will just go there and tell the truth, and hope things will work out.

Will the fact that we have separated and I go with spouse be a problem? My MOO is to explain how and why we parted and show we had lived together for close to 3 years.

Hypertweeky

Honesty is the best policy so GOOD LUCK!!!
Let us know what happens!!

Johndoe

is separation fatal to the I-751 and does being with spouse at I-751 joint interview make a difference?

Erli

Johndoe wrote:
    > > For me, I just want to get the waiting done, whatever it takes. The
    > > waiting part is the hardest.
    > >
    > > I applied in Oct 2003 which is near your brother's date, but we
    > > never know.
    > >
    > > If it takes another year, I will contact the congress people, but
for
    > > now I will just chill and see how things ago.
    > >
    > > Thanks for the input and good luck.
    > >
    > > Erli, please return and give us your brother's interview
experience.
    > >
    > > Thanks.
    > I got a letter this evening from TSC saying that my file has been
sent
    > to the local office for I-751 interview.
    > So now all I need to do is wait for Charlotte office to schedule me
an
    > interview.
    > Separated spouse is ready to go with me; I hope this wont be a
problem.
    > Will just go there and tell the truth, and hope things will work out.
    > Will the fact that we have separated and I go with spouse be a
problem?
    > My MOO is to explain how and why we parted and show we had lived
    > together for close to 3 years.
    > --
    > Posted via http://britishexpats.com

Hi there,

So you got the interview notice for I-751. I hope everything goes well
for you. Let us know when you receive the interview appointment from
Charlotte. My brother is still waiting for his.

Also, I have a question for you: you have mentioned that you are
separated and that you have fulfilled the North Carolina requirements
for divorce? What are these requirements? Where did you find them? Can
you please refer me to the government web site that lists these
requirements? I would appreciate very much. By the way do you have to
have a lawyer in order to get divorced? My brother can not afford one,
can he do it on his own? Does his wife have to agree to divorce? Can he
divorce ?

Johndoe: I hope you do not mind me asking you a lot of questions
regarding divorce. My brother is in very similar situation except that
they are not formally separated but they are heading that way.
Thanks very much.

Johndoe

Hi Erli,
what I got was not an interview notice, but a letter telling me that my file has been sent to the local office in Charlotte, which means I may or may not be interviewed. When the file is sent to local office, the officer decides whether to schedule an interview or not.

About divorce, I will tell you straight away that its better to agree with the wife other than go through the court process which is costly because u will need to get a lwyer and they are very expensive. One lawyer asked me for a $3,000 deposit to get my case started.

Depending on the issues one spouses raises, divorce can be a little delayed, though no one can force anyone else to remain married to someone. Its just the headache and court visits, fighting and arguments that make family and divorce lawyers advice people to agree on the terms and when they go to court theres no fighting. You can also try mediation services (do a search on the internet for this). Here, I think it will easily cost $10,000 on a divorce lawyer, especially if there are kids, property and a long marriage.

About divorce resources, by far the best site I came across is

http://www.rosen.com/ppf/ID/58/issues.asp

If your brother and his wife agree, theres even forms to file divorce on your own without any lawyer's help.Its free to download the forms. Just make sure that wherever you two sign, it is notarized.

In NC, you need to be separated 1 year and 1 day before filing for divorce,unless you want to prove fault in the marriage eg adultery. But you need to be careful. You cant just go to court and SAY IT.You must prove it beyond simple stuff.Usually, you will need a private investigator to prove it, or some other form of convincing proof. The proof must be collected legally in which case it cannot be admitted into evidence, however much you spent on it.The PIs themselves are very expensive.Plan to spend about $3,000 if you try because they bill per hour, and they wont stop until they get the evidence. They charge per hour they spend following your spouse and they looked like crooks to me, so they can even bill you for time they did not work or prolong the whole thing to make extra money.

Its not worth it, if you ask me.

Before leaving the house, your brother and wife need to do what is called a formal or legal separation, which means that they have in writing the terms of the divorce, who takes what and stuff like that because if they dont and later the wife tries to run him down, she can get him for support, alimony and stuff like that depending on who makes more money.

She can also get him for abandonment, which is the equivalent of running away on your spouse. So just to cover bases, its very advisable to have a legal or formal separation before leaving the house. Both need to have it notarized to show they agree on the terms of separation. Ask him to be ready for a little give and take because both must give up something and kind of meet half way on issues otherwise one party will refuse to sign the separation agreement.

In the one year of separation, dating by either person is adultery and in the one year of separation, if they sleep together the period starts counting all over again ie if after 3 months they meet up and do stuff, then they must wait another year from that day to file for divorce.

If they try to file and the judge asks them whether they have been totally away from each other for one year and the wife says yes, he will ask them to go and return after the one year since that activity and after that they will start all over again. This means he has to totally keep away from her until divorce date.

In the period separated, they will file taxes as either joint or separately. Only after divorce can one file single or head of household.

Thats all I can recall, but you need to ask your brother to do lots of research on that site. That site has a public forum like this one, where he can ask questions and get answers from LAWYERS, so he can get all the info he needs there. The link to the forum is:

http://www.rosen.com/messageboard/forum.asp?FORUM_ID=2

Other issues come up if they have kids, property and stuff like that. It also depends how long they were married. In NC, the longer the marriage, the harder it is to get a divorce. Marriages less than 5 years are considered short marriages because 3 years is the period given for people to change their minds. If you make it 3 years, you will likely make it for real and vice versa. In other words, the court will not want to spend a long time on divorce after a short marriage because usually they will involves less issues.

Main thing to recall in NC esp if kids are involved, the law screws the guy unless the guy can prove something reaaly bad about the kids mother like shes on drugs, alcohol and stuff like that.

Lastly, he needs to consider the impact of separation on his immigration issues. If he filed an I-751 jointly, he needs to really try to make his wife go with him one way or another, whatever it takes. Maybe he can negotiate a package deal where the separation and divorce issues are discussed to include her help with finishing off the I751. Not to say that he cant get conditions removed without the wife, but the process and heartaches, anxiety and all that stuff make it more sensible to try and talk to her and be patient with her, so that he can also get some help. Sorry to say,but this is an issue he will need help on because showing up alone on an I-751 joint interview is not the same as going with the spouse, in my view.

Its best for him to try to work with her, to get issues resolved both for his peace of mind and for expediency.

Good luck!

Erli

Johndoe wrote:
    > > Johndoe wrote:
    > > > > For me, I just want to get the waiting done, whatever it takes.
    > > > > The
    > > > > waiting part is the hardest.
    > > > >
    > > > > I applied in Oct 2003 which is near your brother's date, but we
    > > > > never know.
    > > > >
    > > > > If it takes another year, I will contact the congress people,
but
    > > for
    > > > > now I will just chill and see how things ago.
    > > > >
    > > > > Thanks for the input and good luck.
    > > > >
    > > > > Erli, please return and give us your brother's interview
    > > experience.
    > > > >
    > > > > Thanks.
    > > > I got a letter this evening from TSC saying that my file has been
    > > sent
    > > > to the local office for I-751 interview.
    > > > So now all I need to do is wait for Charlotte office to schedule
me
    > > an
    > > > interview.
    > > > Separated spouse is ready to go with me; I hope this wont be a
    > > problem.
    > > > Will just go there and tell the truth, and hope things will work
    > > > out.
    > > > Will the fact that we have separated and I go with spouse be a
    > > problem?
    > > > My MOO is to explain how and why we parted and show we had lived
    > > > together for close to 3 years.
    > > > --
    > > > Posted via http://britishexpats.com
    > >
    > > Hi there,
    > >
    > > So you got the interview notice for I-751. I hope everything goes
well
    > > for you. Let us know when you receive the interview appointment
from
    > > Charlotte. My brother is still waiting for his.
    > >
    > > Also, I have a question for you: you have mentioned that you are
    > > separated and that you have fulfilled the North Carolina
requirements
    > > for divorce? What are these requirements? Where did you find them?
Can
    > > you please refer me to the government web site that lists these
    > > requirements? I would appreciate very much. By the way do you have
to
    > > have a lawyer in order to get divorced? My brother can not afford
one,
    > > can he do it on his own? Does his wife have to agree to divorce?
Can
    > > he
    > > divorce ?
    > >
    > > Johndoe: I hope you do not mind me asking you a lot of questions
    > > regarding divorce. My brother is in very similar situation except
that
    > > they are not formally separated but they are heading that way.
    > > Thanks very much.
    > Hi Erli,
    > what I got was not an interview notice, but a letter telling me that
my
    > file has been sent to the local office in Charlotte, which means I
may
    > or may not be interviewed. When the file is sent to local office, the
    > officer decides whether to schedule an interview or not.
    > About divorce, I will tell you straight away that its better to agree
    > with the wife other than go through the court process which is costly
    > because u will need to get a lwyer and they are very expensive. One
    > lawyer asked me for a $3,000 deposit to get my case started.
    > Depending on the issues one spouses raises, divorce can be a little
    > delayed, though no one can force anyone else to remain married to
    > someone. Its just the headache and court visits, fighting and
arguments
    > that make family and divorce lawyers advice people to agree on the
terms
    > and when they go to court theres no fighting. You can also try
mediation
    > services (do a search on the internet for this). Here, I think it
will
    > easily cost $10,000 on a divorce lawyer, especially if there are
kids,
    > property and a long marriage.
    > About divorce resources, by far the best site I came across is
    > http://www.rosen.com/ppf/ID/58/issues.asp
    > If your brother and his wife agree, theres even forms to file divorce
on
    > your own without any lawyer's help.Its free to download the forms.
Just
    > make sure that wherever you two sign, it is notarized.
    > In NC, you need to be separated 1 year and 1 day before filing for
    > divorce,unless you want to prove fault in the marriage eg adultery.
But
    > you need to be careful. You cant just go to court and SAY IT.You must
    > prove it beyond simple stuff.Usually, you will need a private
    > investigator to prove it, or some other form of convincing proof. The
    > proof must be collected legally in which case it cannot be admitted
into
    > evidence, however much you spent on it.The PIs themselves are very
    > expensive.Plan to spend about $3,000 if you try because they bill per
    > hour, and they wont stop until they get the evidence. They charge per
    > hour they spend following your spouse and they looked like crooks to
me,
    > so they can even bill you for time they did not work or prolong the
    > whole thing to make extra money.
    > Its not worth it, if you ask me.
    > Before leaving the house, your brother and wife need to do what is
    > called a formal or legal separation, which means that they have in
    > writing the terms of the divorce, who takes what and stuff like that
    > because if they dont and later the wife tries to run him down, she
can
    > get him for support, alimony and stuff like that depending on who
makes
    > more money.
    > She can also get him for abandonment, which is the equivalent of
running
    > away on your spouse. So just to cover bases, its very advisable to
have
    > a legal or formal separation before leaving the house. Both need to
have
    > it notarized to show they agree on the terms of separation. Ask him
to
    > be ready for a little give and take because both must give up
something
    > and kind of meet half way on issues otherwise one party will refuse
to
    > sign the separation agreement.
    > In the one year of separation, dating by either person is adultery
and
    > in the one year of separation, if they sleep together the period
starts
    > counting all over again ie if after 3 months they meet up and do
stuff,
    > then they must wait another year from that day to file for divorce.
    > If they try to file and the judge asks them whether they have been
    > totally away from each other for one year and the wife says yes, he
will
    > ask them to go and return after the one year since that activity and
    > after that they will start all over again. This means he has to
totally
    > keep away from her until divorce date.
    > In the period separated, they will file taxes as either joint or
    > separately. Only after divorce can one file single or head of
household.
    > Thats all I can recall, but you need to ask your brother to do lots
of
    > research on that site. That site has a public forum like this one,
where
    > he can ask questions and get answers from LAWYERS, so he can get all
the
    > info he needs there. The link to the forum is:
    > http://www.rosen.com/messageboard/forum.asp?FORUM_ID=2
    > Other issues come up if they have kids, property and stuff like that.
It
    > also depends how long they were married. In NC, the longer the
marriage,
    > the harder it is to get a divorce. Marriages less than 5 years are
    > considered short marriages because 3 years is the period given for
    > people to change their minds. If you make it 3 years, you will likely
    > make it for real and vice versa. In other words, the court will not
want
    > to spend a long time on divorce after a short marriage because
usually
    > they will involves less issues.
    > Main thing to recall in NC esp if kids are involved, the law screws
the
    > guy unless the guy can prove something reaaly bad about the kids
mother
    > like shes on drugs, alcohol and stuff like that.
    > Lastly, he needs to consider the impact of separation on his
immigration
    > issues. If he filed an I-751 jointly, he needs to really try to make
his
    > wife go with him one way or another, whatever it takes. Maybe he can
    > negotiate a package deal where the separation and divorce issues are
    > discussed to include her help with finishing off the I751. Not to say
    > that he cant get conditions removed without the wife, but the process
    > and heartaches, anxiety and all that stuff make it more sensible to
try
    > and talk to her and be patient with her, so that he can also get some
    > help. Sorry to say,but this is an issue he will need help on because
    > showing up alone on an I-751 joint interview is not the same as going
    > with the spouse, in my view.
    > Its best for him to try to work with her, to get issues resolved both
    > for his peace of mind and for expediency.
    > Good luck!
    > --
    > Posted via http://britishexpats.com

Thank you for your comprehensive information and the time you took to
reply to my questions.

I am a little puzzled about the letter you received from TSC regarding
I-751. You explained that it is up to Charlotte office to decide if you
need an interview. My brother's letter from TSC says:

"this is to notify you that your petition (i-751) has been relocated to
the district office for adjudication. Your petition is being forwarded
to your local district office to await an interview schedule date. When
an interview date becomes available, the district office will notify
you in a separate notice of the date and time tou will need to appear
for the interview."
To me this is an interview.
Did you receive a different content or have I missinterpreted this
letter ??

Also, when you sent your I-751 did you mentioned anywhere that you are
separated, or did you notify them about your separation after you filed
I-751 (I am trying to figure out why would they call you for an
interview)? My brother is not legally separated, does not have kids,
been married since 2001.

Thanks for your correspondence.

Johndoe

Erli,
Yes I had to give you the info because it took me a strugggle to learn things and I wud have been happy if someone had laid it plain for me as I just did. So you are lucky you have someone to share the experience and thats what this board is for.

My letter did not read like your brother's because I called the 1800 number to ask why I had not heard from them long after passing my NOA date, and they replied to me with a case status, telling me the file was at the local office. TSC did not write to tell me the file was sent to local office.It seems at times they just sneak files to the local office without telling the applicant, yet they do in other cases.

Local office always has an option to review the info and send an approval or schedule an interview. Thats even if TSC says your brother was told they will schedule an interview. However, if in filing the I-751 your brother said they were separated, he will HAVE TO be interviewed.Mine was a joint petition and I will go with my wife to the interview.

As for me, I was likely picked up as one of the people to be decided at district office. I have seen people say that they randomly pick 10% of applications for interview.

So the idea is to keep waiting.

About what u said about your brother,he will likely not pay alimony and of course no child support. Once done with USCIS, he should be free to go.