I- 751 conflicts

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idkwhtwilhapp

Registered Users (C)
I have a situation here. I was abt to file 751 jointly in 15 days and my wife walked out the house. Now our family members and all tried to work it out but she is not listening at all. I have only three months to get divorce and file 751 waiver. I don't know how long this process gonna take and could i save my status as PR or what? Please give me suggestion.
 
Well read the Neufeld memo with regards to 751. It answers lot of questions about divorce/separation and I 751 . This is not lawyer advice but if you can work things out and atleast file jointly, things can be lot easier according to new memo.If not, too if u file for divorce immediately they will give you 87 days to submit your final decree which should be enough time to get . unless you are stuck in a state where separation is a must before a divorce.Also with present processing times especially in Vermont I am sure u will get your divorce and fall in love with another person in that time :)
This information is in the memo but nothing beats hiring a competent lawyer. I don't think you have to worry much as long as you have lot of proof with regards to the ubiquitous word of "bonafide" nature of marriage.
 
751 conflict

We tried to work this thing out but it did not work. She sent me the divorce notice this morning. My conditional GC expires in 2.5 months. I don't know how long this divorce petition going to take. Is it still possible to file 751 waiver with good faith? Do you think I can save my status?? Please reply. Kindly thank you.
 
You have to file an I-751 before your card expires, even if your divorce is not finalised by then. Not filing will be worse off.

idkwhtwilhapp said:
We tried to work this thing out but it did not work. She sent me the divorce notice this morning. My conditional GC expires in 2.5 months. I don't know how long this divorce petition going to take. Is it still possible to file 751 waiver with good faith? Do you think I can save my status??
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She is not co-operative at all. cause she don't want me file 751 at all. We had a problems on this since long time and she chose the right time to file divorce.
 
Well then file your I-751 on the 1st of October, unless the divorce is finalised before that. If the divorce is finalised before the start of October, file the I-751 as soon as you have your final divorce decree.

idkwhtwilhapp said:
How 10 days?? My GC expires in mid date of Oct 2011.
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@idkwhtwilhapp
Hi. First of all I am very sorry you are going through all of this. Please read this entire document at least twice which is the latest USCIS memo I found regarding your situation.
http://www.uscis.gov/USCIS/Laws/Mem...009/i-751_Filed_ Prior_Termination_3apr09.pdf

From whatever immigration laws knowledge I have, I would suggest you file your application immediately as you are in the 90 day window. Don't WAIT. You need to provide as much evidence of a bona fide marriage as possible like joint lease, auto insurance policy etc. I hope and pray you have that. Do you have a child together? If yes that would be wonderful and a very convincing evidence of a bonafide marriage. On the form you can choose section d I believe and attach a letter explaining that you are going through divorce proceedings and you don't have the final decree as of yet. The IO will read your letter and understand. Everything will take time from the time you submit your application and they accept it and send you Biometrics letter and then send RFE for divorce decree like it explains in the memo. So this will buy you time. There is no guarantee you will be divorced within the next 3 months and I would not advise you to wait for it unless you are in a state that grants very fast divorces. Still its a risk. Since your spouse does not want you to stay in the country there is a possibility she may try every trick in the book to delay and extend the divorce settlement as she has nothing to loose. Even if you agree for divorce by mutual consent, you never know how busy the courts are when you will get the date for hearing and finally when will the judge sign off on it. You can always send in the divorce decree within the stipulated time period of the RFE and your processing will resume. You will most likely be called for an interview or if you provide lots of evidence of bona fide marriage...may be not. Nobody can guess with USCIS what they will do.
It upsets me a great deal when USC spouses get vindictive and stoop so low to prevent their spouses from getting a green card when the marriage fails. Unfortunately its a sad reality which I have heard and seen in many such cases. I would also advise you to consult an immigration attorney. But read a lot about such cases online, do as much research as possible, if you google you will find lots of people stuck like you on different forums and this like visajourney.com, immihelp.com etc and read what they did and what was the outcome. Please read it. I say because some attorneys might try to rip you off or scare you if they feel you have no idea about how things work. Lots of them offer free consultations.
Don't loose hope. If you had a bona fide you don't have much to worry about. I hope I have been of some help to you:) Keep the faith.
 
Not commenting on this specific case, but then they are many cases where non-US citizens used US citizens just to get green cards. There are manipulative, difficult and vindictive people on both sides.

kungfupanda said:
It upsets me a great deal when USC spouses get vindictive and stoop so low to prevent their spouses from getting a green card when the marriage fails. Unfortunately its a sad reality which I have heard and seen in many such cases.
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@Triple Citizen I agree with you 100% that there are mean people of both the sides. And its really unfortunate and sad. But that's life I guess. However, USC spouses do use it as a controlling factor which I dislike. And non-USC using USC to get green cards is equally detestable. That is why I guess USCIS came up with the 2 year Conditional GC.
 
751 conflict

Thank you so much guys for giving me a positive hope. I heard many things for marriage separation from others that wht i can loose during this process. I have to loose many property I have during this period. I wish I possibly get out of this situation soon.
 
751 conflict

Was Reading more about 751 waiver, found out people says that ""waiver must file after getting your Divorce Decree"". Is it true?? Cause my Cond. GC expires in 90 days and divorce is not final yet. They just filed divorce 2 days ago. confused now. Taking lawyers advice right now he says file waiver asap. As long as you got Divorce Notice we can file it. please advice.
 
idkwhtwilhapp said:
Was Reading more about 751 waiver, found out people says that ""waiver must file after getting your Divorce Decree"". Is it true?? Cause my Cond. GC expires in 90 days and divorce is not final yet. They just filed divorce 2 days ago. confused now. Taking lawyers advice right now he says file waiver asap. As long as you got Divorce Notice we can file it. please advice.
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Ok I assume you can file with a waiver, but instead of divorce decree you'll have to include an explanation letter with your situation. They will send an RFE for the divorce decree. THIS IS ONLY MY OPINION. My response is based on one of the forum threads on the same issue.

It also depends on your state, you need to find out whether or not a one year separation is required in your state. Because if it is, nothing will buy you enough time. Sorry to hear your story
 
751 conflict

I called another lawyer and he told me you can't file 751 waiver until you get your divorce decree. I asked that can't even I file 751 waiver with the Notice she sent me for Divorce? He said they will not accept any documents even with the request letter. Well I am in big confusion now.
 
751 conflict

Thank you for all ur helps finding me answer. I am going to file 751 waiver at Oct 10,2011. my card expires at 15th of october so i am still in 90 days period. i have enough bonafide marriage documents to submit. hope this will help me. i also hired a lawyer for this process. he is helpful. i hope this whole process go through soon. my divorce is not finalized yet. i will keep posting my process. that might help others has the same situation as me. please pray for me. thank you.
 
Need Help ASAP

kungfupanda said:
@Triple Citizen I agree with you 100% that there are mean people of both the sides. And its really unfortunate and sad. But that's life I guess. However, USC spouses do use it as a controlling factor which I dislike. And non-USC using USC to get green cards is equally detestable. That is why I guess USCIS came up with the 2 year Conditional GC.
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I am in same situation, I have controlling freak wife.She totally control me for last two years and guess thinking about do it for long, getting sick and tired of it.
Just make long story short, My conditional GC just expire last Friday.

Was preparing to file I-751 suddenly wife told me that she will not sign joint application until I can make contract true lawyers that if she sign i can not file divorce for seven years and if I do I have to pay her $80,000.But she has wright to do it any time if she like.If i dont do it file divorce now.

My question if can she do that, we still living to gather but I am running out of time, Please Help
 
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