I751 and divorce, need advice

M

misskris

Registered Users (C)
Hello,

I am Canadian and married an American in November 2007. We filed for Divorce in July 2010 and it was approved today (September 14th). I filed my I751 mid July 2010 (It was due by August 8th, 2010) and checked that we married in good faith. I have read that immigration will send me a request for a copy of my final divorce judgment and decree. What I am wondering is should I mail them my Final judgment and decree of divorce asap or should i wait to receive a letter from immigration requesting this?

Does anyone know what my chances of being approved for my 10yr GC would be. Does this happen often or is it a complicated situation. My ex-husband would not sign the I751 and that is why i had to file seperate.

My time line is as follows:

11/07 - Married
04/08 - Filed I 485
08/08- interview with spouse at immigration
08/08 - I 485 approved
07/10 - Filed I751 without spouse
08/10 - Biometrics testing appointment
09/10 - Divorce finalized

Any advice would be great, thank you!!
 
Miss,

Be prepared to support your contention that your marriage was bona fide. What documentation do you have to proof and satisfy USCIS that you were married for love not the green card? I hope you know that you were suppose to include evidence with the I-751, and if you did, what did you include? When did you and your spouse separate? (if separation occured). Do you have any children? Also, if when you filed for removal of conditions you were living at a new place, did you complete AR-11 (change of address with USCIS). Did your marriage end amicably or the were hot acid thrown around each other? I am asking this because if your spouse is bitter, he or she can make the removal of conditions a hot pepper on your soul, by objecting to your green card renewal by claiming marriage fraud. While some of these charges might not stick, it is possible it will delay your case and costs you huge ballz of money...
 
Wow, ok let me see here. Yes I did fill out the AR-11 form. Also i included written and signed affidavits from 2 people about our relationship and marriage. I also included our last 2 years worth of tax returns, the life insurance policy with my name on it, a copy of the health insurance from his work with my name on it a couple of joint bills also. I did not include our wedding pictures as we had taken them in to the first interview with us.
We are civil to each other but not buddy buddy. We filed an uncontested divorce and I don't believe that he would tell immigration I don't deserve the 10 yr gc. Should I go to the interview alone or should I ask him to come with me or even write a letter stating that we married in good faith but just fell out of love? Also I am the one who filed for divorce so would immigration take that into consideration. If I married him to avoid immigration laws I wouldn't have filed for divorce from him, or will they not see it that way.
 
misskris said:
We filed an uncontested divorce and I don't believe that he would tell immigration I don't deserve the 10 yr gc. Should I go to the interview alone or should I ask him to come with me or even write a letter stating that we married in good faith but just fell out of love? Also I am the one who filed for divorce so would immigration take that into consideration. If I married him to avoid immigration laws I wouldn't have filed for divorce from him, or will they not see it that way.
Click to expand...


OK, it seems as if the evidence that you submitted will suffice, but it is possible that you will be called for interview. On the form, what did you check as the basis for removing conditions? Part 2 has choice from A-G. Once again, when did you and your husband separate from each other? Meaning, stop living physically in the same household? If he won't contest to USCIS giving you the 10 yrs green card, USCIS still reserves the right to independently assess your circumstance and either approve or deny your petition.

Since you are the one who filed for divorce, USCIS is going to place a burden on you to proof that your marriage was bona fide. I will see if I can dig the thread from people who were asked to appear for interview regarding removal of conditions. Marriage photos aren't necessary. You just can't fall out of love for no reason...lol!!! USCIS doesn't care why your marriage ended, whether it was to evade immigration purpose is what they are concerned about.
 
Yes, I actually fully expect to have an interview appointment and am prepared to go in there and state my case. I'm just going to be completely honest. Of course there are reasons we fell out of love on both our parts, I just wasn't going to get into it on a web forum.......not really my style lol. I'm just looking for a little advice on what seems to be a very complicated situation in my life at the moment.
We seperated in January of 2010 when I went to stay with friends for 3 months then I moved back in with my husband and we tried to work thing out but we just couldn't so I then left on June 22nd, 2010 and we filed for divorce mid July. On the form I checked option D (I entered the marriage in good faith but it was terminated through divorce or annulment)
 
Just be prepared to defend your position. Which state are you in? It seems rather a super quick divorce. I didn't need any details about why you fell out love. It will be a good idea to collect all evidence of joint-cohabitation for the time that you both were married, anything from bank statement, car/health/home or renters insurance policies/ utilities bills (cable, phone, gas, electric, water), all bearing both your names, any credit cards too. I assume you don't have any kids...which in itself is good thing, emotional strain on them, cost to him in terms of child support and so forth.

So, when can we go on a date? lol..........lol..........
 
I'm actually in Atlanta, GA. It was a quick divorce. In GA you don't have to be seperated for any said amount of time before filing for divorce and only one person technically has to file. You can have an uncontested divorce finalized in 31 days the date of filing. No wonder the divorce rate is so dang high in this country. I have already sent immigration most of what you just listed above so hopefully that will suffice! You're right, no children and thank God for that! Where are you? and I'm not asking because of the whole date comment............well, maybe I am but nah not really ........LOL.
 
Miss,

I live in Maryland, the state requires a full year of separation and counseling to see if the marriage can be salvaged, if that fails, then you proceed to a divorce process. It seems as if GA does a whole lot of weird stuff, from fining people if they don't notify DMV of a change of address within 10 days of moving. Let me know when you want to go on a date, we can go on a Skype date at the same restaurant....lol!!! Just wait for USCIS to make a decision, if you are lucky, then maybe they will forgo interview and just approve your case. Don't mail the final decree, wait for an RFE which will come from the Atlanta office as they will be the ones adjudicating your case.
 
Right they do fine you within 10 days of not making the address change yet it's legal to marry your fist cousin in the state of GA..........I don't ask questions anymore LOL.
 
Miss,

I believe the law to marry your 1st cousin was passed by lusty lawmakers whose balls longed for their extended family members. Does the law state the legal age of the bride? I wouldn't be surprised if the brides were 16 years, those dirty old men...lol!!! See below a thread on one of the forum members who had to attend an interview for I-751, the posts also include evidence they submitted.


http://forums.immigration.com/showthread.php?308745-I-751-interview&highlight=removing+conditions
 
You must log in or register to reply here.
Top