I-751 waiver (divorce) thread

2nd marriage

This is my 2nd marriage. I,ve been married since june of 2005. I didnt file for a 2 yr green card just waited 2 years and filed for a 10 yr/ permanat green card. We had our interview for this in July 2007. Ive received nothing but work permission since this date. Also I check status online of my receipt number for the i-751 perm gc and it says its still in the initial interview stage which is the 2nd step out 6 steps I believe. Is this normal to take so long?

We are now wanting to divorce. I read some where that the only way to prove entered into marriage on good faith is kids or owned property together. We have neither. I have loads of documents, bills pictures, and can get affidavids, but she couldnt have kids. We tried and tried. Should I mention this in my waiver?
 
Anyone recently filed I 751 wavier?
My case stuck in Initial review stage form September 16.

Local DO- St Louis MO

09/09/09- I 751 Wavier sent to California
17/09/09- Received receipt
10/21/09- Received Biometric appointment for 10/23
10/23/09- Completed Biometrics
?-no updates
 
sorry i didn't know there's a thread for this

I was in a tough situation now. I came to US in 7 years ago and remained as F1 student working on my graduate degree in a university. I'v got my master's in microbiology in 2006 and working on my PhD in the same field now. I met an American girl in 2007 and move in together ( have car insurance proof). We got married in July 2008 and apply for my conditional GC in April 2009 and got it in Aug 2009. We had a big wedding which involved both families and i barely paid it off. Our relationship went really bad this summer and she moved out and filed a divorce which i have to respond by the end of this year. The conditional GC will expire in Aug 2011. She was having serious mental problems(bipolar), which she started divorce once a week in Sept,2009. Every time I could persuade her and change her mind but it got more difficult each time. After a while I was totally worn out. We went to a marriage consulting together and they found out that she should be on her med. She refused to take it and things got worse. Plus, she got smoking and gambling problems after marriage. I was deeply worried and stressed out, while taking care of her, doing my own PhD research and being a teaching assistant. She couldn't sleep regularly and being up and down as a typical bipolar patient. I had to go to psychology department in the university and ask for mental help for myself. Now she quit her school here and moved out and started a new school in her parents' town. We haven't had any kids yet, and most bills are under my name since she had bad credits. We decided to have kids thats why she stopped her medicine.

Right now I don't have more choices, but I didn't do anything wrong. She is the one that pushed to get married and then changed her mind. As a husband I supported her to go to school and the family expenses and had a good relationship with her relatives, I didn't do anything wrong. Now I understand why she couldn't hold a job for 3 months and couldn't keep a friendship for a year because of her mental problems. I guess I am the target now. I have to respond to her divorce file by the end of this month, just dont know should i say yes or no to the divorce request.

I am still working on my PhD in microbiology but I lost my F1 status since I got the conditional GC. This put my in a serious time frame, which i have to finish before the GC expires in Aug 2011. I am doing my best to pass my comprehensives next spring and hopefully i will get my PhD before the GC expires. It is horrible, i feel so stressed and I try to stay strong.

My 1st question is : is that possible that I get my conditional GC renewed after divorce, based on my own petition. Because I really dont know how long this marriage can last based on current situation. Is this considered as Good Faith? or extreme crulty( her bipolar, gambling, spending,etc), or extreme hardship(i can do my biology research here in US relatively more successfully).

Do i need a lawyer right now or wait for 1 year before the GC expires?
The worst possibility is: If my conditional GC removal is denied and I haven't finished my degree yet, can i switch back to my F1 visa to finish my PhD degree?
Thanks.
 
removal of conditional resident (I-751)

Hi, my mom was married to a US citizen. They were married year 2007. My mom already submit her I-751 form. I think it's on process now. But my step father petitioned the three of us, and we were given a conditional resident June 1, 2009 and we're going to file the I-751 within 90 days of our expiration of conditional resident (June 1, 2011). My step father told me that he wanted to divorce my mom next year, that's why I'm so afraid about our papers. My mom didn't apply us together with her because we came here more than 90 days of her becoming conditional resident. I'm thinking if we, the dependent children, are going to file also the waiver. Are we going to have a problem about this? Do we have to prove that my mom and my step dad were married in good faith? or we can just apply for it?

thanks a lot.
pls. help me..
 
One of the things i always read whenever it comes to evidence sent is "Joint taxes". I actually didn't file for joint taxes, not only because my wife and I separated before we filed for taxes, but because it was in our best interest to file separately.

Do they specifically look for joint taxes, even if i have alot of other evidence of bona fide marriage?
 
Hey guys,
this is the evidence I have, I don't know if its enough or not
-Son's birth certificate
-Joint credit card account
-Joint Lease
-Joint bank account
-Driver's licenses showing same address
-Joint health insurance
-E-mails
-Joint Cell Phone bills
-Hundreds of photos
-5 affidavits ( One from her parents)
I don't have joint income tax, because I'm still in school and never worked

Thank you
 
Kooora said:
Hey guys,
this is the evidence I have, I don't know if its enough or not
-Son's birth certificate
-Joint credit card account
-Joint Lease
-Joint bank account
-Driver's licenses showing same address
-Joint health insurance
-E-mails
-Joint Cell Phone bills
-Hundreds of photos
-5 affidavits ( One from her parents)
I don't have joint income tax, because I'm still in school and never worked

Thank you
Click to expand...

That’s good enough. Did you sent a statement explaining your relationship?
 
Koora (your name means soccer in my country's dialect) :p

I also think your evidence is good. The only thing i was worried about is lack of joint taxes (i'm in the same situation, except that my wife didn't work until last year and by the time we're filing for taxes, she separated).

If you have never worked, you might as well explain to them your finances (i.e source of income). It seems thet stress the MOST on things that shows joint financial stuff.

Just make sure you explain everything and, God Willing, all will be alright. Remember, this is your chance to defend your greencard!
 
Also i forgot to ask you, have you filed yet? I'm gonna file in January, God Willing, and was hoping i can find others who intend to file in January so we could start a "January Filers" thread.
 
ok i posted this in a new topic in the deportation forum but maybe i can get some answers here too..

Ok so i have been married to my wife for over two years now and were getting a divorce, she's threatening to deport me. We waited the 2 years to file because she couldn't show she could financially support me. Our interview was after our 2nd anniversary and i was given a green card that says PERMANENT RESIDENT which expire11/19/11. So my question is can she deport me? No i didn't marry her just to get my papers, it was real for me. She said she called the immigration and there's and investigation, she said she told them about my mom who is here illegally, can they deport her for no reason?

Also can i renew my Green Card after the divorce or do i need her for that? I thought after you waited the two year period then file that you get your permanent papers and don't need to prove your marriage to immigration anymore..?
I'm so confused do i need an immigration lawyer and a divorce lawyer?

Please help.
 
AngB,

Usually when someone files after 2 years of marriage, the recieve a 10-year GC, but I guess your case may have been alittle different. Anyway, you may still remove the conditions on your greencard (God Willing) on your own by filing the same application (I-751), but with the waiver option (instead of the joint option), but you have to present enough evidence to show that you were married for the real reasons and not just to evade US immigration laws. And this is all what this thread it about. You wife's call to immigration about your marriage being fraud may slightly complicate things.
 
The actual interview was 2 years and 1 month after we got married.

Edit: What sort of evidence is needed? I have lots of pictures, don't know what else.
 
Last edited by a moderator:
Hi

byehello said:
Congrats!!
Click to expand...

hi there,

I will be applying for waiver next month under annulment and have been looking online to find samples of affidavits of sworn people and also the sworn letter explaining what happened in the marriage and the downfall. I can write my story but as you all know this waiver is very important for me to get approved and don't want to take any chances.May be I can get some better wordings and style of writing from the people who got approved.

So i would greatly appreciate help on this.

Thanks and Good luck to everybody.

Shakiv
 
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