I-751 Waiver / Evidence

E

EspoMan

Registered Users (C)
Here is my story; I met my wife through a Co-Worker in late 2006. We dated for a while and decided to get married in March of 2007. We moved in together and started living our lives. In Aug of 2007 I received my conditional green based on my marriage to my wife.

Here is were it gets bad. In January of 08, I come home after working a 12 hour shift and when I get there my wife tells me that our relationship isn't working out and that she wants to get separated. She says that me and her are too different and that it wouldn't work out in the long run. I was of course depressed but I couldn't do much. We have stayed in good terms and now 4 months later she is going to file for divorce. I told her that I would sign the paperwork if that’s what she really wants to do. I suggested seeing a marriage counselor but she refused because she says that she’s already seeing another man, which broke my heart!

I spoke to 3 different immigration attorneys and they said I have a small chance of getting my conditions removed with the I-751 waiver. And to tell you guys the truth I am terrified of being deported! I have been here since I was 3 years old and know nothing about my country. Can you guys please review my evidence and tell me what you think about it or if it’s enough?

* Affidavit from her saying she doesn't want to be with me
* Joint Motorcycle Loan
* Joint Motorcycle Insurance
* 2007 Joint Taxes
* 2 Love Letters
* Pictures of wedding and family
* Wedding Band Receipt
* Joint Health Insurance
* Joint Health Insurance Statements
* Older Bank Statements
* Lease from our first residence
* Rental Agreement for our 2nd residence
* Copy of her ID and Social with my last name on both and same address
* Utilities Bills, hers and mine coming to same address
* Joint P.O. BOX
* Copies of checks where we were both employed, me and her worked at the same company for a while and I have copies of both of our checks.
* Affidavit from our boss from that company
* 3 Affidavits from friends
* A couple of home videos

What do you guys think my chances are with this? Will it look better for me if she’s the one filing the divorce?

Thanks for any input/advice and god bless...

- Steven
 
I will come back to this later, but I think you need NEW evidence. Anything that was NOT submitted during your AOS interview. New things that you have had together, since the card was approved.
 
Affidavit from her saying she doesn't want to be with me
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I think her affidavit needs to say that the marriage was entered into in good faith instead of "she doesn't want to be with you". I think it's obvious that she doesn't want to be with you since she initiated a divorce.
 
PraetorianXI said:
I will come back to this later, but I think you need NEW evidence. Anything that was NOT submitted during your AOS interview. New things that you have had together, since the card was approved.
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Well the taxes were done way after I got my GC. We also purchased the motorcycle after I got my GC. I got the health insurance after I got my green card as well, because there was a waiting period that my job gave me before I was able to add her. Joint PO box was also after. Same thing with the job we had together, which was after I got my GC. I don't know what else I could provide!?
 
Wonder why one of the lawyer will tell you that your chances are limited.
The key here is the continuity of your financial commitment with your wife, meaning if you have documents that shows that all those insurance were made before or during your conditional green card...you should be fine. Let's say you open your life insurance a year ago and is still up to date, it is valid as a "continuity" of the relationship.

If her affidavit does explain that she wants to end the marriage and you both enter really in love with it, you have a plus there, not everybody that applies with the waiver are able to get that. Oh would be great if in the affidavit she denies marriage counseling as you has suggested.

In any case, I think, in my personal opinion, and reading what others have submitted in cases like yours...you should be good to go. Just remember, that you need first your divorce decree.

Good luck! let us know your outcome..
 
I just want to say thanks to everyone for their support! I will FOR SURE keep everyone posted on here on what happens. I know I am terrified and I know someone in the future will be looking for answers just like I am now and I want them to be able to read my thread and gather as much information as possible. I can't file for the 751 waiver for another 6 months because thats how long it takes California to process divorces.

Thanks again,

Espo
 
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