I-751 waiver (divorce) thread

Hi, i live in NYC. I got married on american citizen, in may 2006. I got my conditional green card in may 2007. But the things didnt go well, and we were fighting all the time, one day he just brought me divorce papers...and told me to leave. I didnt sign them, because i didnt want to divorce him , i loved him, but i had to leave ( i left on february 2008). So he start filling divorce byhimself. I called him to ask what,s going on with the divorce , but he never told me anything. I never recieved anything from the court. Just on day in September 2008 i called him and he told me that we are divorced already. He told in the court that i abandoned him for more than 1 year. Anyway, he lied, just to get divorce fast, thats how it works in NY.
After that i filled I-751 waiver ( March 2009) based on bona fide marriage that ended with divorce. My problem was that i didnt have enoughh evidence. I just joint account, affidavits from friends, some letters and reciepts. We didnt have utilitty bills, insurance or lease, because we used to live with his parents and everything was on his mother's name...
So, they send me letter from immigration(November 2009) that i need to send them more evidence...the only thing i could get is the letter from my ex-husband, saying that we lived together as husband and wife in that address at that time...
Also, i went for my biometrics on June 2009.
And on January 2010 i recieved letter to come to appointment, for the interwiev on may 6th 2010 (manhattan office) with my ex-husbent. I still dont understand why he has to come.... But i told him and he said he will come.
So now , i worry a lot, because i dont have enough evidence... and the other thing, i am 6 months pregnant from my boyfriend...
I just keep thinking about worst that can happen,... they can deport me. And if they decide to do it, will they look for me?
I hired a lawyer to help me file the papers and i spent a lot of money, and the work she did i could do it myself... now she is telling me i have to go to this interwiev with lawyer , and it cost $1200...But do i really need a laweyr there, i dont think so, anyway they will ask questions to me not to my lawyer...She just wants more money from me..
I got married because i loved him, and wanted to build a familly with him, but he didnt want kids, he didnt want to many responsibilities, thats why we started fighting... I always worked and payed my taxes, i didnt have any crimminal records...i have my life here, i dont want to leave...
If anyone have experience with I-751 waiver, and can give me advice in this situation, it would be really appreciated. Thank you
 
Looking for an advice

Hi, I got my 10 year resident card on June 2009, On october 2009 i was getting ready to apply for citizenship, and i got a call from my husband he was in houston, telling me that hes been having an affair for the last past year and that he is gonna have a baby with this woman, Ive been devastated ever since, I was so hurt that i filed for divorce 2 months after and I got my final in febraury 2010, we were married for 3 years and 11 months dated for 5 years and now, he called me and told me that he does not care what happens to me, that he will petition his new wife which now have a baby with him she is illegal and he will petition for her, he did not sponsored me when i first came here somebody else did cause we were both living in my country costa rica and I came here with my conditional residence which was granted in costa rica embassy, but now Im so worried cause he changed so much and he said that he does not want me here in usa anymore that he has a new family, i think hes mad cause his family loves me more that his new wife and thats why he is telling me that what can u advise me
 
no body can take that 10 years residence away from you... He can send millions of letters to the USCIS and nothing is going to happen to you is too late I think.
 
Got married to US Citizen in April 02.
Got temp green crad on Sep 02.
Filed I-751 jointly in July 04.
Filed for no fault divorce in Sep 04.
Got divorced in Nov 04.
I-751 approved in July 05. So,

No children. No property settlement or alimony agreement. I have no clue about the whereabouts of my ex wife. Its been over 5 years.

I was under the impression that everything is fine. I got my 10 year green card. We were married for 2.5 years. It was a legit marriage. Had all proof in I-751 application. We lived together for 3 years (6 months prior to marriage moved in together).

Now, after 6 years, I filed N400. It got denied. They said, that I was given green card in an error. Because we were divorced before I-751 was approved. They sent me a form to appeal for N400. My question is, if I appeal, most probably it will be denied too. Should I file I-751 waiver now separately? I am confused. My attorney says, file I-751 waiver and appeal for N400 also at the same time to buy some time, while I-751 is in process. Is that the right thing to do? I don't seem to have too many choices. Need some guidance. If I were to file I-751 waiver, what kind of documents should I include to support the marriage?
 
. If I were to file I-751 waiver, what kind of documents should I include to support the marriage?

The exact same documents you filed with your original I-751, along with the divorce complaint and decree. Try to add more evidence if you can, as well as a personal statement explaining what happened that led to divorce.
 
Question

Hi there, I got married in 2007 and got my Conditional GC in 2009 January. I need to file my I751 before 2011 January. Now my trouble is that my wife is not ready to file jointly because she does not want to sign and nor she wants to divorce me. All she is ready to do is that, Sign the petition for divorce to get enter in the court.

This marriage was done in good faith. I have various proof and all, but she is not ready to sign nor she is ready to divorce me. I also do not want divorce her wants to make this thing work out, but my problem is that what should I do when I file my I 751.

According to my lawyer, he says that as long as you file the divorce in court, you can file I 751 with proof that you are in process of getting divorced.

Any one got any idea on what needs to be done in this condition. I tried everything I could to make my wife understand, but she is just not ready to sign joint I 751 petition. So, any help would be appreciated. Thanks everyone.
 
idkwhtwilhapp

I got situation here. I have left 3 months to get divorce, 751 waiver .. GC expires in 3 months. Suggestion please..
 
Not fully divorced with temp GC expired.

I filed for a waiver before te divorce is final. We are still under divorce proceedings. But I got really scared this morning when I found that if the divorce is not final and the petitioner does not want to file the removal of condition jointly. Then the beneficiary does not qualify to file a waiver.

aa-law.com/index.php?option=com_content&view=article&id=431:i-751-removal-of-conditions-for-marriage-green-card-visa&catid=17:immigrant-visasgreen-card-permanent-residency&Itemid=397[/url]

We were together for 9 years. Married for 2 years and we have 4 year old. Not hiring a lawyer. Temp green card has been extended for a year and I just found out that I may need to get a stamp in a passport for a year.
Waiting for a notice for an interview and it is not coming.
 
Hi I am in same category. My divorce is not final yet. I mean I just get in divorce process. My GC expires in 1 month. If I file my 751 waiver today and god knows when my divorce will final. I am like person in the middle of desert looking for water. If they give you 1 year extension that mean you can stay 1 year in States even if you can't produce divorce decree in certain time period they give you or they will put you in deportation process??
 
Currently in the same situation!

Wondering how things turned out for you? i am currently in the same situation and with a little more complication.

Got married to US Citizen in April 02.
Got temp green crad on Sep 02.
Filed I-751 jointly in July 04.
Filed for no fault divorce in Sep 04.
Got divorced in Nov 04.
I-751 approved in July 05. So,

No children. No property settlement or alimony agreement. I have no clue about the whereabouts of my ex wife. Its been over 5 years.

I was under the impression that everything is fine. I got my 10 year green card. We were married for 2.5 years. It was a legit marriage. Had all proof in I-751 application. We lived together for 3 years (6 months prior to marriage moved in together).

Now, after 6 years, I filed N400. It got denied. They said, that I was given green card in an error. Because we were divorced before I-751 was approved. They sent me a form to appeal for N400. My question is, if I appeal, most probably it will be denied too. Should I file I-751 waiver now separately? I am confused. My attorney says, file I-751 waiver and appeal for N400 also at the same time to buy some time, while I-751 is in process. Is that the right thing to do? I don't seem to have too many choices. Need some guidance. If I were to file I-751 waiver, what kind of documents should I include to support the marriage?
 
am i eligible to sned send the I-751 waiver form while my divorce is still pending?

Hi, i got married in 2010, received my conditional green card in March 2011 and had a baby in the same year but we were for almost a year now, our divorce is still pendind, i take care of my child regardless the separation. My conditional green card will expire in March 2013 am i eligible to send the I-751 waiver of the joint filling for the removal of my conditional green card?

I really need some good advice please. Thanks!
 
Waiver cover letter/personal stament sample

Hi guys,

I'm currently in the process of sending my package (now divorced), but I don't have a cover letter or personal statement written and I've been reading is a good idea to include this.

Could anyone by any change can share this?

Thanks in advance :D
 
Need help for I-751 Waiver and the process

Hello guys, my 2 years temporary green card is about to expire in Jan, 1 th,2013.
and I had divorce last month. i'm about to file I-751 form myself.
So my question is ,on uscis, I can't find "751 waiver" only "751 form".
does that mean i need file "751 form" first then uscis would mail me back "751 waiver form"?

Thanks
dong
 
Would spouse sign

I think you should contact USCIS or a lawyer to make sure what you should do since the divorce is still pending. Something has to be filed cause you have that 9 day window if nothing is filed your status is terminated on the 2nd anniversary of the green card.
 
Last edited by a moderator:
ocalculd quali

Hi guys,

I'm currently in the process of sending my package (now divorced), but I don't have a cover letter or personal statement written and I've been reading is a good idea to include this.

Could anyone by any change can share this?

Thanks in advance :D



I have been told by lawyers to write a summary of what cost the marriage to be broken down. Also you can write the details of your proof of a marrying in good faith. Also if you can get at least two people to do an affidavit on your behalf that will be good as well.
 
aged ntlywis

Hi I am in same category. My divorce is not final yet. I mean I just get in divorce process. My GC expires in 1 month. If I file my 751 waiver today and god knows when my divorce will final. I am like person in the middle of desert looking for water. If they give you 1 year extension that mean you can stay 1 year in States even if you can't produce divorce decree in certain time period they give you or they will put you in deportation process??

How did everything work out for you?
 
well i filled jointly with my wife the form i-751 and i have just recieved a letter from uscis asking me to send in additional evidence. The problem is, we are divorced and not living together and therefor i dont have any additional new evidence apart from the old information they already have. any advice in my situation. what is next for me..

should i file for i-751 waiver? or hire an attorney. i will appreciate any input.

You should file waiver. Don't lie to them at all. The case could get complicated if they find out later. Hire a lawyer and redo all application again. My divorce wasn't final until the two weeks of interview. I filed waiver like year ago of my interview date. My former wife filed a letter against me and I faced officer's all questions. I was nervous but I said whatever was truth. They approved my case and I've got my I-551 card couple days ago. As long as you are right, you won't have any problem. Hopefully this would help a little.
 
There are no such form calls "I-751 waiver". you are filing only I-751 the only difference will be that your spouse won't sign the form and you need to mark in "section D" in "Part-2 BASIS FOR PETITION". They will get it that you filed by yourself. Just don't forget to attach divorce decree. They might send you interview notice and/or RFE. Thanks.
 
I have a question myself on this topic. My wife and I are approaching the 90 days before she can apply for the I-751. I think she can file in March since her green card was issued June of 2014. We have been having serious issues in our marriage and my wife and I are ready to divorce. We both agree that we were better off when we were just dating and would like to continue our relationship without the shackles of marriage on us. Even if our friends with benefits or open relationship should falter we still intend to stay friends and roommates unless at some point either of us want something different. Is it better to wait after the I-751 to divorce. I want peace in my house but at the same time neither me or my wife want to make this process more difficult than it has to be if we can help it. My other question is this: I know many of these waivers get approved without any interview or meeting or at least that is what I hear; but if there happens to be an interview scheduled 6 to 8 months down the road and we just don't wish to wait that long to get divorced then what types of hurdles will we face and what information should we be prepared to give. No matter what happens I will be there to support my wife because I love her and she is my dearest friend but I want to be prepared for all scenarios so neither of us are blindsided by something we didn't think we had to bring or something we needed to discuss or explain.
 
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