I-751 waiver December filer( divorced/ Bona fide marriage)

[Indian_Citizen]

I went to My local D/O office today. and finaly I got I-551 stamp on my passport for one year,According to stamp and Io officer I can travel and work until my application is pending. If case is denied before that time this stamp will expire. I asked from Io officer about my pending I751 appliaction, she said that its only 4 months since you applied may be you will be calles for interview or approve with out that. And all she can see in system is they are working on me case and until now no decision has been made yet. I also asked IO office that if I go out of country and in case, if my aplication deniey can I re-enter to usa with this stamp? She said may be then you can have problem at that time.

I have filed my I751 in december 24 2009. now I am confused wat to do? should I travel or not I realy missed my family there. thats why I got appointment from my attorny tomarrow to get advise.

I know in this form lots of experienced ppl giving advises to ppl like me, so plz help me wat should I do now?

thanks
May Allah Bless you all

Congrats! I am glad you got the I 551 stamp. If you don’t feel comfortable don’t travel. You are the best person to judge your situation.

Still I believe short travels are fine, as long as you are not going to stay outside US for months together.

My situation also same way, but I am not too concerned about it. As long as I get those I 551 stamps I am fine.

As long as you have status, it doesn’t matter you have card or not.

 

[mr2100]

Congrats! I am glad you got the I 551 stamp. If you don’t feel comfortable don’t travel. You are the best person to judge your situation.

Still I believe short travels are fine, as long as you are not going to stay outside US for months together.

My situation also same way, but I am not too concerned about it. As long as I get those I 551 stamps I am fine.

As long as you have status, it doesn’t matter you have card or not.

Thanks Indian citizen I realy wants to go back home but also I dont want to take risk .
Good luck to you.

 

[mrl]

Hi mr2100, I am new in this forum. I filed I-751 waiver last week of November I got the extension for one year three weeks after that in
December. Then I went to my biometrics appointment on January 4th. Now How long do I have to wait for any results, or what if the
time of 6 months they have pass. I mean if I filed last week of November May would be the last Month, what would be next. I dont know
much about this thats why I joined this forum seems helpful. Any advice please? thank you

 

[mrl]

By the way, my application was sent to Vermont

 

[mr2100]

Hi mr2100, I am new in this forum. I filed I-751 waiver last week of November I got the extension for one year three weeks after that in
December. Then I went to my biometrics appointment on January 4th. Now How long do I have to wait for any results, or what if the
time of 6 months they have pass. I mean if I filed last week of November May would be the last Month, what would be next. I dont know
much about this thats why I joined this forum seems helpful. Any advice please? thank you

Dear Mrl Normal process time for I751 in vermont is 6 months, so dont worry You will hear from them soon. but also its depend on your case some times uscis takes years to process these type of appliaction.any way after six months if you dont hear any thing call them. Can you tell me your I751 is joint or waiver? also wat type of avidance did you send with your appliaction? it will help others in this form. thanks and May Allah almighty God help all of us.

 

[dallasboots]

wrong forum. sorry

 

[lil84]

Hi, i have an uptade. My ex-husband is not coming to the interview with me....
You remember i was telling about my ex-lawyer...well this woman is a which.. When i told her that she didnt fill my application properly,( that she did, withh all my paperwork, me and my new lawyer had to do everything from the beginning...) she got so mad, she told me to bring her the papers and show her mistakes. I told her i dont have time for that now. Then, she called me and told me that she has one lawyer friend who can go to immigration and talk to the officer about my case, but i have to bring her those papers. I told her i dont need her help anymore, and that she already's made enough problems for me. She got so mad, and she called my exhusband and his parents, she told them so much shit about me, she told them everything about my case, and that i married my ex-husbend for the papers, and now i got pregnant from mexican....and much more, which is not truth. And she told him that i wanted him to go with me cuz i wanted to tell immigration that we are still married...what a bullsh&t...i cant believe
So my ex called me and told me he doesnt want to do anything for me.... I felt so bad, this woman is crazy.
My lawyer told me to report her

 

[lil84]

my interview is next week on thursday,i will go alone with my lawyer, wish me luck guys, i hope for better

 

[mr2100]

Hi, i have an uptade. My ex-husband is not coming to the interview with me....
You remember i was telling about my ex-lawyer...well this woman is a which.. When i told her that she didnt fill my application properly,( that she did, withh all my paperwork, me and my new lawyer had to do everything from the beginning...) she got so mad, she told me to bring her the papers and show her mistakes. I told her i dont have time for that now. Then, she called me and told me that she has one lawyer friend who can go to immigration and talk to the officer about my case, but i have to bring her those papers. I told her i dont need her help anymore, and that she already's made enough problems for me. She got so mad, and she called my exhusband and his parents, she told them so much shit about me, she told them everything about my case, and that i married my ex-husbend for the papers, and now i got pregnant from mexican....and much more, which is not truth. And she told him that i wanted him to go with me cuz i wanted to tell immigration that we are still married...what a bullsh&t...i cant believe
So my ex called me and told me he doesnt want to do anything for me.... I felt so bad, this woman is crazy.
My lawyer told me to report her

You must report her do not let go her, other wise she will keep doing these things with other innocent ppl. I am with you lil84 and Wish you Good luck for your interview,And plz keep update us about your case also pray for all of us who are waiting for thier pending cases.

 

[Kooora]

Hey guys,
I'm recently divorced and I haven't filed the I-751 (based on good faith), I still have another year in my green card. Can I leave the US before I file the I 751?

Thank you

 

[co.ador]

Hey Koora I think you can travel of course as long your residence is not expire...


Wish you the best Lil84 for next week interview hope your ex-husband change his mind and decide to help you.

 

[mr2100]

Hey guys,
I'm recently divorced and I haven't filed the I-751 (based on good faith), I still have another year in my green card. Can I leave the US before I file the I 751?

Thank you

After divorce your green card terminate, you lost your status, do not travel and apply asap I751 waiver, other wise you can be deported.

 

[fayaz]

Hi Kooora..
Yes, You can travel overseas with no problem as long your GC is valid (not expired) ..you still have 1 more yr before it expires so dont worry no panic necessary.. travelling with GC is easier then travelling with I551 Red Stamp on your passport.. As an experienced person based on your situation I will say travel as much as you want before it expires .. And 90 days prior your GC expiration date.. make sure you have all the documents ready to File I 751 Waiver..
FYI . you didnt loose your status .. and No your GC didnt get Terminate ( just because you'r divorced ) .. and You cant apply I751 asap.. you have to wait, File I 751 Waiver to remove the condition during the 90 days before the card expires

 

[okalian]

and You cant apply I751 asap.. you have to wait, File I 751 Waiver to remove the condition during the 90 days before the card expires

Wrong. For an I-751 based on divorce, death of US citizen or Absue, the applicant may apply as soon as the divorce is final, he DOES NOT have to wait for the 90 day window. Please read the instructions carefully.

Salam alaikum Kooora,

Your status can only be terminated by an immigration judge. USCIS has no connection with civil matters such as marriage and divorce, so don't assume they have a red light next to your name saying "DIVORCED". Let me tell you something; I visited my country last month after applying for I-751 based on divorce. When i entered, I was asked to have secondary processing. The officer asked where my wife is, and I told him we're divorced. He had no idea about the divorce even though the I-751 was filed based on divorce. I know the extension letter says nothing about being filed with a waiver or jointly, but I'm just letting you know, they don't have a database that will show if you're divorced or not.

I'm fully aware that your case is different because you didn't yet file I-751, but I'm just letting you know they don't know if you're divorced. In fact, there's a case when a guy's wife called Immigration (while the guy was outside of the US) and told them they got divorced. When he arrived the US, they only asked him a few questions and they let him enter. This case was on britishexpats.com, but at the moment I can't find the link to that exact thread. So EVEN IF they know, they don't terminate your status. To be on the safe side, call an immigration attorney. There's some immigration attorneys that have free initial consultation (google immigration attorney free consultation).

My waiver was approved the day before yesterday, Alhamdulillah.

Please call me (you have my number) if you need help with your petition.
الله يعينك أخي الكريم

 

[mr2100]

Wrong. For an I-751 based on divorce, death of US citizen or Absue, the applicant may apply as soon as the divorce is final, he DOES NOT have to wait for the 90 day window. Please read the instructions carefully.

Salam alaikum Kooora,

Your status can only be terminated by an immigration judge. USCIS has no connection with civil matters such as marriage and divorce, so don't assume they have a red light next to your name saying "DIVORCED". Let me tell you something; I visited my country last month after applying for I-751 based on divorce. When i entered, I was asked to have secondary processing. The officer asked where my wife is, and I told him we're divorced. He had no idea about the divorce even though the I-751 was filed based on divorce. I know the extension letter says nothing about being filed with a waiver or jointly, but I'm just letting you know, they don't have a database that will show if you're divorced or not.

I'm fully aware that your case is different because you didn't yet file I-751, but I'm just letting you know they don't know if you're divorced. In fact, there's a case when a guy's wife called Immigration (while the guy was outside of the US) and told them they got divorced. When he arrived the US, they only asked him a few questions and they let him enter. This case was on britishexpats.com, but at the moment I can't find the link to that exact thread. So EVEN IF they know, they don't terminate your status. To be on the safe side, call an immigration attorney. There's some immigration attorneys that have free initial consultation (google immigration attorney free consultation).

My waiver was approved the day before yesterday, Alhamdulillah.

Please call me (you have my number) if you need help with your petition.
الله يعينك أخي الكريم

Salam o alikum

oaklian congrat for your I751 approvel. I have some question for I751 waiver as I am also in same boat. plz can you give me your number So i can Talk with you.

thanks
Allah Hafiz

 

[yxo58]

Hello all, thanks for sharing your stories everyone! Here's mine:

I have filed removal of conditions jointly back in the begining of december, but we are not living any longer. I have been called for an interview, but my spouse just disappeared. I know they will deny my petition now when I go by myself to the interview, but I am concerened about re-filing on good faith marriage because we havent filed a divorce yet, and I don't know how to do it since i have no idea where he is at. I am going to the interview on the 13th- a week from lil84.

 

[Maria1984]

Hello all, thanks for sharing your stories everyone! Here's mine:

I have filed removal of conditions jointly back in the begining of december, but we are not living any longer. I have been called for an interview, but my spouse just disappeared. I know they will deny my petition now when I go by myself to the interview, but I am concerened about re-filing on good faith marriage because we havent filed a divorce yet, and I don't know how to do it since i have no idea where he is at. I am going to the interview on the 13th- a week from lil84.

What documents did you send them?
Why do you think they called you for an interview? Did they call you or sent your a letter?

I think at the interview, you have to prove that your marriage was good. Thats it.

 

[okalian]

Hello all, thanks for sharing your stories everyone! Here's mine:

I have filed removal of conditions jointly back in the begining of december, but we are not living any longer. I have been called for an interview, but my spouse just disappeared. I know they will deny my petition now when I go by myself to the interview, but I am concerened about re-filing on good faith marriage because we havent filed a divorce yet, and I don't know how to do it since i have no idea where he is at. I am going to the interview on the 13th- a week from lil84.

You first need to settle things with your spouse about whether or not you intend to get a divorce. You can still file I-751 with a divorce waiver even if you didn't file for a divorce (you only need to include the divorce complaint).

This interview is based on your JOINT I-751 petition, so they don't expect you to go alone. And the whole point about requesting both of you to be there is to make sure the relationship is real and in a good condition. However, if they sense otherwise, then most likely the I-751 will be denied, regardless on whether or not you establish the marriage is bonafide. The requirement for a joint petition is based on a) the marriage is real and b) the marriage will continue.

Here's my advice:
1. Speak to an immigration lawyer (don't act based on some strangers' advice online!)
2. Decide if you're gonna get divorced or not
3. Consider the option of withdrawing the joint I-751 and replacing it with a waiver I-751 (assuming (1) and (2) have been fulfilled)

 

[yxo58]

Hi both,

I sent in many evidence of marriage: bank account, utilities, xs cards addressed to both, pictures, letters from friends and family.... and so on. I got a letter in the mail.

okalian, basically my lawyer said the same things you did. Instead he told me to go to the interview and just tell them what happened.

When did you file ur petition for a waiver?

However, I do know some cases were approved like this without a divorce initiation in the past, but I know I won't be the one, so, my plan is to start a divorce and re-file I-751 once they deny my case during my interview, based on good faith marriage.

I am more concerned about my divorce and transition from this filed form into a new form. I guess I would not need divorce paper to file it, but to go to the interview, do I need to have divorce finalized for them to approve the petition?

 

[okalian]

yxo,

In your case, you may submit the I-751 with the divorce complaint only. You then will receive NOA1 (the extension letter), then get the notice for biometrics. Once a USCIS adjudication officer looks at your file and finds that the divorce decree is missing, USCIS will send you an RFE (Requesting Further Evidence) letter asking for the final divorce decree. You'll have 90 days to respond for such request. I wanna say there's no way they will approve the waiver until they receive the divorce decree.

If you file it in VSC, you'll have plenty of time versus filing it at CSC, which is very quick with I-751's.

Don't worry. There has been MANY people with your exact scenario.