I-751 Waiver before divorce is final.

S

Sifa_Dias

Registered Users (C)
Hey everybody,

I have a serious issue going on at the moment. My wife and I have been married a little over 2 years, and my conditional green card will expire March 17th. In the last year we've been having serious issues in the marriage and at this point it just doesn't seem to be working. We've tried counseling in the past, which worked for a while, but other issues kept piling up.

I was under the impression that the I-751 waiver could be filed in situations like this with proof that the divorce has been filed, but hasn't been finalized yet, and that when the divorce would be final, you'd have to file the whole thing again. This was to let immigration know that you are trying to comply with immigration law, but to notify them of the situation. I'm pretty sure I heard this from the person I got my lawyer through. I talked to that lawyer yesterday, and he denied every saying that. What's worse is that he said you can't get an extension at all. That INS simply doesn't care in this case. He said the only choice I had was to try to keep the ball rolling with my wife and file it that way, and then get a divorce after I receive my unconditional green card. He said under no circumstance can you file the waiver, unless the divorce is final. Which would put me far over my expiration date. Making me illegal and not able to work anymore. In other words, I would be out of status and have to leave my life here in the States. Does anyone have experience with this, or does anyone know more? Is that really the only way?

Many people will argue to just tell my wife that I want to try again and hold on for another 9 months or so, when I would get the final green card. This is a huge dilemma for me. At the one hand I really want to stay here, I have a good job here and have built up a life. If I would look solely at myself I could be selfish and keep her in the dark about this. (I haven't told her I wanted to get a divorce yet, that was supposed to happen tonight). Then I could divorce her after the green card comes. But I'm at a point where I don't want to live lies anymore. I don't want to lie and go behind her back. Out of respect to her. I'd have to live with that the coming months, and after that. We have our problems and things are not working, but it's not like she's pure evil and I hate her. (That would've made it much more simple). So I can embrace truth and tell her the whole story and ask her if she would stay with me until the green card, and risk the fact that she'll just say no, knowing that it will force me to leave everything here and leave the country. Or I can pretend like it didn't happen for the next 9 months or so, and then leave her. All the while risking the fact that she'll find out during that time, if not when I would leave.

Anyway, I hope I can get some input from people here.

Thanks.
 
Sifa,

First off, I am NOT a lawyer, nor do I have any formal expertie in the matter - my oppinions are based solely on my own experience and experience of several of my friends.

DO NOT do what your lawyer suggests: "keeping the ball rolling" on the obviously failed marriage, and trying to get your green card renewed on those grounds, will potentially significantly incriminate both you and your wife, since bona fide marriage has, by your own admission, ended. I-751 (removal of conditional status on permanent resident permit) may be filed in 3 ways (as far as i know): jointly, by married couple; jointly, by divorced couple (with Citizen ex-spouse still supporting fact of bona fide marriage that was, etc); or singly, by divorced spouse (usually, in case of non-amiciable divorces, abuse-based divorces etc).

If, hopefully, your soon to be ex-wife doesn't have a desire to see you deported, she will likely be inclined to support your efforts. I suggest you attempt to talk to a different immigration lawyer, explain situation, indicate you -do- have proof of both bona fide marriage and joint life, and proof that ample and extensive attempts were made by both you and your wife to save the marriage (councillor); and ask him how to go about filing separately due to marriage being dissolved.

In the end, 2 things:

First, I would be wary of a lawyer who encourages you to engage in fradulent activity as maintaining a fallen-apart marriage in pretense of bona fide relationship.

Second, you NEED to talk to your wife about the situation ASAP. Even if you manage to convince both her and USCIS that marriage is true, strong and valid at the time of your conditional status removal proceedings, if you ask for divorce immediately after you get your conditional status lifted, her complaint to USCIS will implicate you in fraud, and your green card will likely be rewoked, or at least significantly questioned and investigated.
 
but in any case you still have to file for removal of conditions before your card's expiration.
 
File now, forget the crappy lawyer..

Sifas,

Will agree with the post by the Andr, never ever call that lawyer again, he is a pig, full of crap and misinformation. :mad: He is giving this profession a bad rap... :mad:

You need to file your paperwork now, because you have to file 90 days before the second anniversary of your greencard (its issuance). File jointly, and prepare a dossier which will overwhelm USCIS, so that YOU ARE EXEMPT FROM AN interview with both of you. This is how you can do it: You send the removal of condition petition (of course) and the following:

Joint evidence: bank accounts, copies of credit cards statements (black-out your credit card numbers- you can't trust even the govt officials with your financial info), insurance (life, health, car and home). Car title, deed of home or apt leases, pictures of anything past your wedding date: thanksgiving with friends, family at home, vacation pictures, affidavit of friends who know that you are married and having living together in the same house (leave the unpleasantries- :eek: ) birth certificates of kids from your union, copies of cards (birthday, valentines, Xmas, Hannukah, Easter) which you exchanged with each other.

For now, you can't file the removal of condition individually, while still married because this is going to cause red flags with USCIS. :cool: You need to go ahead and file now, you don't need a lawyer to do this because I see no complex issues in your case, except of possible divorce. I know of someone who had the same situation, he and wife separated and living in different states, but filed jointly for removal of conditions. :rolleyes: USCIS called him for a courtesy interview and approved his petition, wife was never called to the interview. He send them more than what they bargained for, solid evidence of their continued relationship, even though they had challenges in their marriage. As of now, their divorce just became final on Jan 3rd, 2007.

If you want to divorce your wife because you can't take it anymore, you have already lost the most important element of staying married: HOPE. Marriage is something that you aren't supposed to come out of alive, hence the pastor or rabbit say "till death do you part" not "till divorce do you part"
I hope you and wife can find a common ground and work out your issue. Where are you located? :confused:
 
The lawyer said the only choice I had was to try to keep the ball rolling with my wife and file it that way (jointly), and then get a divorce after I receive my unconditional green card. He said under no circumstance can you file the waiver, unless the divorce is final.
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I do think the lawyer is correct. They need to file jointly before the expiration of the GC, and he can't file a waiver until the divorce is final (even if the divorce happens to be after the GC expiration).


I'm pretty sure I heard this from the person I got my lawyer through. I talked to that lawyer yesterday, and he denied every saying that.
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and that could be a case of one person's misunderstanding the lawyer and then spreading the false info around.
 
Al Southner said:
Sifas,

Will agree with the post by the Andr, never ever call that lawyer again, he is a pig, full of crap and misinformation. :mad: He is giving this profession a bad rap... :mad:

You need to file your paperwork now, because you have to file 90 days before the second anniversary of your greencard (its issuance). File jointly, and prepare a dossier which will overwhelm USCIS, so that YOU ARE EXEMPT FROM AN interview with both of you. This is how you can do it: You send the removal of condition petition (of course) and the following:

Joint evidence: bank accounts, copies of credit cards statements (black-out your credit card numbers- you can't trust even the govt officials with your financial info), insurance (life, health, car and home). Car title, deed of home or apt leases, pictures of anything past your wedding date: thanksgiving with friends, family at home, vacation pictures, affidavit of friends who know that you are married and having living together in the same house (leave the unpleasantries- :eek: ) birth certificates of kids from your union, copies of cards (birthday, valentines, Xmas, Hannukah, Easter) which you exchanged with each other.

For now, you can't file the removal of condition individually, while still married because this is going to cause red flags with USCIS. :cool: You need to go ahead and file now, you don't need a lawyer to do this because I see no complex issues in your case, except of possible divorce. I know of someone who had the same situation, he and wife separated and living in different states, but filed jointly for removal of conditions. :rolleyes: USCIS called him for a courtesy interview and approved his petition, wife was never called to the interview. He send them more than what they bargained for, solid evidence of their continued relationship, even though they had challenges in their marriage. As of now, their divorce just became final on Jan 3rd, 2007.

If you want to divorce your wife because you can't take it anymore, you have already lost the most important element of staying married: HOPE. Marriage is something that you aren't supposed to come out of alive, hence the pastor or rabbit say "till death do you part" not "till divorce do you part"
I hope you and wife can find a common ground and work out your issue. Where are you located? :confused:
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Al Southner (and others), thank you for your input. I appreciate it.

I'm lucky enough to have researched this very much, and I am aware of procedures. I also know that for the joint filing, we don't need a lawyer, since I know what I need and how to file. Evidence is not a problem. By this time I've talked to my wife about it and we still don't have total clarity, this isn't something you decide in an hour of course.

Her major concern is the fact that she'd still be legally responsible for me after the issuance of the non-conditional green card. If things didn't work out, she would still be attached to me, because of the I-864 contract. If I were to get criminal fines or anything like that, she doesn't want them to come after her. Of course I told her I would not do such a thing, but the only security she has is my word. On the other hand, by sticking it out another year, we would be in the process of me getting citizenship, since we'd have past the three year mark by that time. But if it didn't work out, she doesn't know if she can still maintain the marriage to a certain degree. She would be limited in her possibility to move on. This how she sees it. I have told her that I want things to work out, but that it seems hopeless no matter what we try.

My location is Los Angeles.
 
If I were to get criminal fines or anything like that, she doesn't want them to come after her.
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I-864 is designed to get the USC spouse to repay any federal benefits (welfare) that you may want to get. It has nothing to do with criminal charges. ANd once you get your citizenship (or have worked in the US for 10 years), she will be free of all obligations.
 
LucyMO said:
I-864 is designed to get the USC spouse to repay any federal benefits (welfare) that you may want to get. It has nothing to do with criminal charges. ANd once you get your citizenship (or have worked in the US for 10 years), she will be free of all obligations.
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Yes I thought so too, that it only pertained to means-tested benefits. Which I really don't see myself needing. But she seems to think otherwise and I can't find any documentation that specifically NEGATES other issues outside of means-tested benefits. She knows about the the end of contract when becoming a citizenship, but me leaving the country would do the same thing, but sooner. It just depends on how she wants it. Which sucks for me.
 
I have two questions really.

1) Except for the I-864 itself and other sites that repeat the same rules, I really can't find any credible info on what and when they would come after the sponsor, and most importantly; what they can't come after the sponsor for. I've said that it only goes for means tested benefits, and that's it. In the very unlikely situation that I use a lot of them, and can't pay them back, they can go to her. But anything other than that they don't really care about. Is there any place online where I can find some info that could ease her mind? Any info on how much this thing really gets enforced in reality (I've heard it pretty much never comes to it)

2) After the filing the I-751, there are 2 possible scenario's when it would turn out for either of us that it just really doesn't work and file for divorce. Either the divorce isn't final until my AOS is approved and I have the green card, or it's final before my card is in. If I receive the green card before a divorce is final, would I be good? In the other case, do I then need to file the I-751 again with a waiver? I know I get the 1 year extension after filing a I-751, but that would probably only go so far. Can she withdraw the I-751 or I-864 contract in the time the I-751 is getting processed? If yes, what would that mean for me?

This marriage is definitely bona-fide and I've build up a life here. A good job and friends. I really want to give up a whole life again, like I did when I moved to the US. In no way do I want to jeopardize my wife, but I'm trying to look out for myself here. Very stressful.

Any input would be very much appreciated!
Thanks.

Thanks.
 
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