I751 waiver questions

I

iglauf

Registered Users (C)
Hi everyone,
I have just got my divorce finalized and going to file I-751 based on waiver.
I have two questions:

1. When exactly after divorce do you HAVE to file the waiver? What if I wait few months before filing, would it raise any problems or suspicions? (My CGC expires in 15 months).

2. MOST IMPORTANT: I assume I will have to attend interview. So, what if I get declined - can officer CONFISCATE my green card during an interview? Has anyone been declined during an interview or do you actually get appoved/declied notice afterwards? (I don't think I will get declined, I just want to cover my bases)

Thanks a lot!
 
iglauf said:
Hi everyone,
I have just got my divorce finalized and going to file I-751 based on waiver.
I have two questions:

1. When exactly after divorce do you HAVE to file the waiver? What if I wait few months before filing, would it raise any problems or suspicions? (My CGC expires in 15 months).

2. MOST IMPORTANT: I assume I will have to attend interview. So, what if I get declined - can officer CONFISCATE my green card during an interview? Has anyone been declined during an interview or do you actually get appoved/declied notice afterwards? (I don't think I will get declined, I just want to cover my bases)

Thanks a lot!
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1. As soon as your divorce is final and you have your freedom certificate, also known as a divorce decree, immediately file for removal of condition. How long were you married before the marriage met an untimely death? Was your GC issues during your divorce proceedings or your had the card prior to the divorce?

2. A denial is what you meant, no decline is encouraged by USCIS because all of our wives would be unhappy if we decline an inch...:eek: Unless you have a reason to believe that USCIS will deny your petition, I wouldn't focus on that issue at all. Just prepare your evidence to mount the strongest case possible and see if you win at the end. There are many...many people who are divorced and go through this step for removal of conditions and are approved, provided they have the ballz to prove that their marriages were build on solid foundation with no herpes..also known as cracks....:rolleyes: You should be able to prove that you lived together as husband and wife, financial connection, utilities, life. health and car insurance policies, and many other solid evidence...:)

3. If the removal of condition is denied, then come back to this board for more advise. However, if i were you, would prepare to submit a busload of evidence to counter any negative weight of your divorce, especially if you were married for a NY minute, which is less than a year. :D
 
Al Southner, thanks for your time!

1. we lived together since june 07, we got married in sept 08 and I recieved my GC feb 09. we separated june 09 and filed for divorce sept 09.
The reason I was asking is that I have really busy work schedule during next few month plus I have limited financial resources at the moment. Would it be bad if I file 3 months after my divorce finalized? Is there any official rule on that?

2. As every marriage, our was not perfect especially considering the fact that my husband turned out to be really immature in a lot of things, so I am lacking a lot of financial support such as joint medical insurance and bank accounts. We did buy a house together a month before we separated and shared bills and have a lot secondary proof such as pictures for all of our marriage. So I am more or less confident in good outcome.

3. What is exact denial/approval procedure? Do they tell you at the end of interview? Or do they tell you later? Do they have a right to take away your green card right away?
 
iglauf said:
Al Southner, thanks for your time!

1. we lived together since june 07, we got married in sept 08 and I recieved my GC feb 09. we separated june 09 and filed for divorce sept 09.
The reason I was asking is that I have really busy work schedule during next few month plus I have limited financial resources at the moment. Would it be bad if I file 3 months after my divorce finalized? Is there any official rule on that?

2. As every marriage, our was not perfect especially considering the fact that my husband turned out to be really immature in a lot of things, so I am lacking a lot of financial support such as joint medical insurance and bank accounts. We did buy a house together a month before we separated and shared bills and have a lot secondary proof such as pictures for all of our marriage. So I am more or less confident in good outcome.

3. What is exact denial/approval procedure? Do they tell you at the end of interview? Or do they tell you later? Do they have a right to take away your green card right away?
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1. Ok. You GC was procured in good faith. What I was concerned about was your GC being issued while you were seperated, which would have forced USCIS to deny it right away because they need to know as soon as you two nice people seperate. So, you are fine on this issue.

2. I believe having bought a house together might be a saving grace for you. I don't know anyone in this world, who would make such a huge investment and financial commitment to a house while engaged in immigration fraud, maybe I am too naive and believe in the good nature of mankind. So, if you have documentation associated with home purchase, does your name appear on the loan papers and listed as a homeowner or just ur soon-to-be ex?

3. Don't worry about a denial, what if they approve you without any interview? You are required by law to immediately file for removal of conditions as soon as your divorce is final. :cool: If you wait for months, it might not look kosher without a kedem juice to support your delay. To file for removal of conditions doesn't require medical, just the I-751 and filing fee, plus a mountain of evidence to support the view that your marriage was legitimate and not for immigration fraud. If i were your IO, after reviewing all evidence, would approve your petition. :D
 
1. When exactly after divorce do you HAVE to file the waiver? What if I wait few months before filing, would it raise any problems or suspicions? (My CGC expires in 15 months).
You should file immediately because it says the permanent residency ends with a divorce if its conditional green card.But once you file the I 751 waiver the receipt notice extends your status by one year.In which you can continue to work and travel.Hopefully by the end of year your application is processed and can be approved with or without interview.

2. MOST IMPORTANT: I assume I will have to attend interview. So, what if I get declined - can officer CONFISCATE my green card during an interview? Has anyone been declined during an interview or do you actually get appoved/declied notice afterwards? (I don't think I will get declined, I just want to cover my bases)
Interview is a must or not I am not sure there are threads on this same website where people received their I 751 waiver without interviews.It all depends on how much evidence you have and the officer working on your case.As far as confiscation of actual green card I am not sure unless they have proof of some foul play i guess, even then You are a permanent resident till an immigration judge says otherwise and orders u deported.At the interview they can deny your I 751 waiver or approve it or ask for further evidence.Just relax and try to gather as much evidence as you can and hope for the best.
Unlike others I am not here to judge you about why your marriage failed.Its easy to blame the immigrant for failed marriages but not all cases are fraudulent I for a fact know it as my cousin was abused to the point of almost suicide just because her husband sponsored her for green card both of same race and country.Marriages fail and more than 50 % of US marriages fail so you are not alone.
Good Luck
 
smiriyal said:
You should file immediately because it says the permanent residency ends with a divorce if its conditional green card. But once you file the I 751 waiver the receipt notice extends your status by one year.In which you can continue to work and travel.
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Okay, so does that mean that if I get divorce notice in the mail today and it takes me reasonable time (i.e. couple weeks) to prepare evidence, during that time I am breaking the immigration law UNTIL i get notice of action on my I751? How can you be out of status when you have valid green card on your hands?! :confused:
 
Ok, I filed the I-751 based on a waiver too. My divorce was final on sep/2008 but I did not file until jan 2009. I got approved without an interview. So I had the divorce decree on my hands 4 months before I filed. Good luck. I think you are fine as long as you file before your CG expires:)
 
Ddudly said:
Ok, I filed the I-751 based on a waiver too. My divorce was final on sep/2008 but I did not file until jan 2009. I got approved without an interview. So I had the divorce decree on my hands 4 months before I filed. Good luck. I think you are fine as long as you file before your CG expires:)
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Thank you :)
 
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