ForumTitleContentMemberSexCountryDate/Time
Removing Conditions on Residency General DiscussionGot my conditional resident card, my wife might be pregnant from other man!
QUOTE (CResidentfl @ Apr 25 2008, 02:59 PM) <{POST_SNAPBACK}>
If that child turns to be mine I am going to be very happy because I want my own child. I have already accepted the one she has from her previous relationship I love that kid as my own but a second one not mine... It is kind of disrespectful. I am kind of torn. The reason which I am posting for is to find out the consequences IF The child is not mine and how it would affect that my immigration case. You may say that It is selfish to think that way. But the life brings you in situations you have never expected like this one for example. I do want to have my life depending on someone, people are changing and you never know where or when you are going to end up. I have no idea what she may do in future as I had never expected for this situation before happened. Love is love but people changing....


Already answered. The child will have no effect on your immigration case whatsoever. Are you looking for a reason to divorce her because of her poor choices? If you are, immigration isn't the answer. What is it you want?

Look she disrespected you. You admit that. So, can you forgive her? If you can then you might be right that you are in love with her. If you can't forgive her, then I suspect you can't love her either. Sorry, that is just the way I see it.
diadromous mermaidFemale02008-04-25 19:35:00
Removing Conditions on Residency General DiscussionGot my conditional resident card, my wife might be pregnant from other man!
QUOTE (CResidentfl @ Apr 24 2008, 09:42 PM) <{POST_SNAPBACK}>
You never know the life is unpredictable and If not now but in future she decides to divorce with me after 2, 5, 10 years I am going to suck it up! It sounds rude but it is reality

So, what is your plan? To pre-empt her and divorce her first before she divores you? Help me, I can't quite grasp what it is you are trying to say?
diadromous mermaidFemale02008-04-24 21:17:00
Removing Conditions on Residency General DiscussionGot my conditional resident card, my wife might be pregnant from other man!
QUOTE (CResidentfl @ Apr 24 2008, 09:42 PM) <{POST_SNAPBACK}>
When I married my wife last year I had already accepted one kid, the one she has from her previous relationship. This kid loves me more than the real father probably who has not appeared to see his child for 6 months. I am the one that takes care. When that innocent child looks at me with that big blue eyes... Every morning when I was coming from work she is awake ready to hug me.... So you don't tell me what is going to affect my immigration:
"Sounds like the your anger at the thought of raising a child that may not be biologically yours takes precedence over the love you say you have for your wife. Fine, I'm sure you're not the only one to feel this way, and nobody is judging you for it. But you seem to be more concerned about how the situation (you not being the father of the child) would affect your immigration. That is what makes you sound a bit selfish, IMO.

You're having a marital/family issue...you've been told this has no bearing on your immigration, i.e. it will not affect your eligibility to file for removal of conditions. What you do with the rest, whether you get a DNA test, whether you divorce or stay married is entirely a private issue that only you and your spouse can decide."
You never know the life is unpredictable and If not now but in future she decides to divorce with me after 2, 5, 10 years I am going to suck it up! It sounds rude but it is reality

But she should have been more careful now because I am a man and I want to have a child that has my blood too. This is kind of respect for me. Even If the situation does not work out and we divorce I still hope that I will be able to see that kid.
The kid who is coming does not have fault too.


I don't understand how this child, the child potentially fathered by another man, prevents you from having your own child with the woman you claim you still love. If you love your wife, enough to remain living together, then why must you divorce her? Isn't the whole concept of that love you have for her, to accept her mistakes, forgive and rebuild? If not, then what does love mean to you?

I am not suggesting that you must taken on the child as if nothing happened. I am not suggesting that you *should* remain married to someone that could commit such a transgression. In fact, I would not find it unacceptable if you declared that this pregnancy has broken the trust that is essential between husband and wife. What I fail to understand is that in spite of the ability you have to retain the love you once shared for her, that you don't have the ability to deal with this incident as an unfortunate mistake and adapt and move forward, together, as two loving individuals that share one common goal...to respect each other, their progeny, mistakes and all. If you wish, why not ask yourself, "If I still love my wife, and wish to spend my life with her, what makes this child any different from the child she had with another individual before we married?
diadromous mermaidFemale02008-04-24 21:13:00
Removing Conditions on Residency General DiscussionGot my conditional resident card, my wife might be pregnant from other man!
QUOTE (CResidentfl @ Apr 24 2008, 11:20 AM) <{POST_SNAPBACK}>
QUOTE (Peter @ Apr 24 2008, 06:38 AM) <{POST_SNAPBACK}>
Get a DNA Test.

DNA test fails get the heck out of there.


So You think that If I am not the father I will be able to waive the conditions.


I don't understand the preoccupation with whether or not you can remove conditions if the child is not your biological child! There are many couples that have children in the family that have different biological fathers, the difference here is that for obvious and understandable reasons, you were not a part of a decision like that, but your reaction speaks more against the legitimacy of your marriage than the illegitimate child itself!
diadromous mermaidFemale02008-04-24 14:20:00
Removing Conditions on Residency General DiscussionGot my conditional resident card, my wife might be pregnant from other man!
QUOTE (CResidentfl @ Apr 23 2008, 07:54 PM) <{POST_SNAPBACK}>
We still live together but I think I will file for divorce she wouldn’t blame me If I do it but I will still live with her because I love her… WHAT SOULD I DO?[/color][/size]

If you still love her, why would you divorce? This matter of a child fathered by another individual, while disconcerting and a test of the strength of your marriage and trust, has no bearing on immigration directly.
diadromous mermaidFemale02008-04-23 20:23:00
Removing Conditions on Residency General DiscussionI-751 sent and divorcing
Well, following the prescribed protocol is recommended. Of course, if one is a gambling man/woman, he or she can choose to deviate, at his or her own risk.

QUOTE
U.S. Department of Homeland Security
P.O. Box 82521
Lincoln, NE 68501-2521

December 27, 2004

NSC Flash #6-2005
The Effect of Separation/Divorce on Pending I-751 Petitions to Remove the Conditions on Residence The effect of separation and/or divorce on the filing and adjudication of I-751 petitions is described below according to the various scenarios that exist.

· If the petitioner and beneficiary are divorced at the time the I-751 should be filed, the beneficiary should file the I-751 (only s/he needs to sign) and mark "d" in Part 2.

· If the petitioner and beneficiary filed an I-751 petition jointly but

o separate before a decision is made on the I-751, the beneficiary should notify the NSC that s/he is currently separated by sending a letter to PO Box 82521, Lincoln, NE 68501-2521. The case will then be relocated to the local district office for an interview.

o get divorced while the petition is pending, the beneficiary should file a new I-751 petition with fee (only s/he needs to sign), marking "d" in Part 2. The beneficiary should also request that the Service withdraw the first petition.

· If the petitioner and beneficiary are separated at the time the I-751 should be filed, the beneficiary should file the I-751 and mark “d” in Part 2. The NSC will relocate the case to the local office for an interview.

o If the petitioner and beneficiary are separated at the time the I-751 should be filed and the beneficiary files an I-751 as instructed above but the divorce becomes final while the I-751 is still pending, the beneficiary should file a new I-751 petition with fee (only s/he needs to sign), marking "d" in Part 2. The beneficiary should also request that the Service withdraw the first petition.

Petitioner and beneficiaries are reminded that required supporting documentation must accompany any petition.

http://www.avlawoffi...ec_27_2004.html
diadromous mermaidFemale02008-04-27 16:55:00
Removing Conditions on Residency General DiscussionI-751 sent and divorcing
QUOTE (motu @ Apr 27 2008, 12:35 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Apr 26 2008, 08:03 PM) <{POST_SNAPBACK}>
I'll add that if the USCIS approves a joint petition after the couple has already deivorced, that approval can be and most likely would be revoked.

I agree with mawilson. I would think that USCIS wouldn't consider this at all - this would be no harm no foul type of deal. Since one could file today and get divorced prior to the approval. Why would one be forced to file again after divorce - since the evidence of having a genuine marriage at the time of filing would not change in this situation? Has anybody have this happen to them?


Read this in the AILA bulletin

QUOTE
ADDENDUM VIII
I-751 Petitions for CRs in divorce proceedings
Current practice at the USCIS Service Centers dictates that a conditional permanent resident who divorces during the pendency of the I-751 petition may withdraw the original I-751 petition and file a new I-751 petition with a waiver of the joint filing requirement.34 This approach, however, often leaves the conditional permanent resident with a gap in resident status and employment authorization. It also initiates the accrual of unlawful presence for an individual who has attempted to comply with the law.
Prior to issuance of the 2003 Yates memo, many USCIS Field Offices permitted conditional permanent residents to present a new I-751 petition with a waiver of the joint filing requirement at the time of the I-751 interview. The current trend is for examiners to deny I-751 petitions that present this issue. This leads to a waste of resources, i.e. issuance of an NTA where the conditional permanent resident is placed in removal proceedings, at which time he or she may submit in immigration court a new I-751 petition with a waiver of the joint filing requirement. Furthermore, once the new I-751 petition and waiver of joint filing requirement is filed with the immigration court, ICE often moves to terminate proceedings and the I-751 petition is returned to, and ultimately adjudicated, by USCIS.
AILA requests that USCIS consider an administrative remedy which would protect the status of the conditional permanent resident until the I-751 petition is adjudicated. AILA recommends that USCIS permit an individual whose divorce is finalized during the pendency of the I-751 petition to file a new or amended I-751 petition with the appropriate Service Center, without having to withdraw the original petition. AILA also recommends that USCIS allow such individuals to present a new or amended I-751 petition at interview at USCIS Field Offices. Each of these approaches permits the conditional permanent resident to maintain his or her permanent resident status and employment authorization and prevents the accrual of unlawful presence until their waiver application is administratively adjudicated. Such a remedy not only protects a conditional permanent resident but also conserves government resources.
Accordingly, AILA respectfully requests that USCIS consider these points and issue updated guidance on the matter.
_____________________________________________________
34 See generally INA § 216 and the memorandum Filing a Waiver of the Joint Filing Requirement Prior to Final Termination of the Marriage, William R. Yates, Acting Associate Director, Operations, BCIS, HQADN 70/23.12 (Apr. 10, 2003). A conditional permanent resident who has commenced divorce proceedings cannot file individually to remove the conditions on residence by filing a waiver of the joint petitioning requirement. Rather, such an individual must file jointly with the U.S. citizen spouse or wait until the divorce is final. Since conditional permanent residents have a 90 day window in which to file to remove the conditions on residence, this presents an untenable situation as the divorce is often finalized during the pendency of the I-751 petition

diadromous mermaidFemale02008-04-27 15:48:00
Removing Conditions on Residency General DiscussionI-751 sent and divorcing
I'll add that if the USCIS approves a joint petition after the couple has already deivorced, that approval can be and most likely would be revoked.
diadromous mermaidFemale02008-04-26 21:03:00
Removing Conditions on Residency General DiscussionPlanning to go away
QUOTE (might @ May 5 2008, 03:37 PM) <{POST_SNAPBACK}>
I am planning to go away for the summer with my I-551 stamp. I did not receive an interview date. The interview is supposed to be about proving that my mom's marriage was through a good faith. Do I, the petitioner, need to be there at the interview? What happens if I get an interview date when I am away, can I reschedule it?


How can you, the child, prove the marriage was bonafide?
diadromous mermaidFemale02008-05-05 17:11:00
Removing Conditions on Residency General DiscussionConditional green card expires in 2 days!
QUOTE (nina1 @ May 6 2008, 05:13 PM) <{POST_SNAPBACK}>
I haven't come to this forum since I received my conditional green card 2 years ago.. I didn't realize filing to remove conditions might be just as much of a headache as receiving the original conditional in the first place, until I read what kathryn41 said that "there's no understanding how some people get approved in 2 months and others are still waiting after 2 years."

Oh my God, this is insane! Getting my conditional was a crazy headache because USCIS kept saying for 1.5 yrs that they're waiting on me to reply to their RFE. I kept telling them that they never sent me anything, and they kept saying "ok, you should recieve it in 30 days..." and i never did.. I also told them at the time to simply tell me what furhter proof they were wanting since they clearly weren't sending me the stupid RFE letter... No go... Anyway, so after 2 yrs (1.5 yrs was THEIR FAULT), i finally got that conditional..



Now, i have a question.. My conditional expires on the 8th. I sent EVERYTHING (I-751) out today EXPRESS MAIL (with signature) for next-day delivery.... What if the USCIS agent picks it up from the post office on the 9th, or what if the officer finally looks into my file a few days or weeks or years after the 8th of may?

I find this odd behaviour for someone that was delayed so much in getting PR. Why did you wait til last minute to submit? Not that it is too late, mind you.
diadromous mermaidFemale02008-05-06 17:46:00
Removing Conditions on Residency General DiscussionDivorce -- left the US
QUOTE (zyggy @ May 12 2008, 02:06 PM) <{POST_SNAPBACK}>
She can give up her permanent resient status at the local US consulate or embassy...

Using form I-407, here's an example
http://london.usemba...forms/I-407.pdf
diadromous mermaidFemale02008-05-12 20:03:00
Removing Conditions on Residency General DiscussionThe documentation submitted is insufficient.
QUOTE (steveayo @ Mar 6 2008, 08:31 AM) <{POST_SNAPBACK}>
I just receieved the same letter yesterday from my lawyer from Vermont, asking me to submit more envidence . i submitted my join tax return for year 2004, and 2005 , statment of account for that period, credit card on the same name , and affidavit , transportation tkt showing back from front from new place she relocated to, The issue now is that, me and my wife we have seperated for almost 18 months, but we jointly filled together llast year, and we did not have joint tax return for 2006 and 2007 we intend to file seperately , we still communicate, but having some marrital problem , she dont leave with me anymore she has moved to another state. The only thing we have together is the Credit card bills that we are still paying... I got in touch with my lawyer and he said I should go and get more evidence, I cannot found any other envidence besides the one i have submitted . I dont know what to do anymore, If you have any good suggesstion please let me know


From a cursory glance and if I am understanding your post correctly, if you submitted the I-751 a year ago with your now-estranged wife, it could be that USCIS are wondering if the application was jointly-filed, why nothing from 2006 and 2007 was submitted by you to support your sustaining marriage. You say you didn't submit a joint tax return for 2006, but did you file tax returns at all? If so did you both declare that you were still married on those returns? Also, have either of you submitted a Change of Address, since you don't reside together any more? Lastly, if you have been separated for 18 months now, are you headed towards divorce, and what state do you, the alien, reside in at this time?
diadromous mermaidFemale02008-03-23 12:31:00
Removing Conditions on Residency General DiscussionThe documentation submitted is insufficient.
QUOTE (12yrs_inUS @ Mar 2 2008, 12:21 AM) <{POST_SNAPBACK}>
wacko.gif I got a letter from Vermont Service Center today. It says "Submit copies of additional documents indicating that the marriage upon which you were granted conditional status was entered in "good faith" and was not the the purpose of circumventing immigtation laws. These documents should demonstrate the circumstances of the relationship from the date of the marriage to the present date (for the entire period of your marriage), and any circumstances surrounding the end of the relationship, if it has ended."
For I-751, I submitted:

  1. Copy of our 2006 joint federal and states of New York and New Jersey tax return.
  2. Copy of car insurance policy and ID cards.
  3. Copy of our credit cards showing a joint account.
  4. Copy of our health insurance confirmation statement for the year of 2007 and cards showing a joint policy.
  5. Copy of our bank statements on joint accounts.
  6. Copy of a postcard that my husband's cousin and her husband sent to us from Iceland, addressed to both of our names.
  7. Copy of our passport pages for vacations abroad and pictures that we have had.
We don't have jointly leased property or mortgage. No life insurance policies or no joint utility bills. My husband says, "Send the same documents as you sent before." I beginning to think that I need to submit tax return, auto and health insurance policies for the entire period of our marriage, but we do NOT save the old health or auto insurance polices. What do you think?


I believe you should send in tax returns from 2004, 2005 showing your marital status and some random examples of jointly-commingled financial records for that same period too.
diadromous mermaidFemale02008-03-02 18:44:00
Removing Conditions on Residency General Discussionmy i-751 pending and Citizenship filing
QUOTE (rajthebam @ May 16 2008, 03:07 PM) <{POST_SNAPBACK}>
QUOTE (MarilynP @ May 16 2008, 03:01 PM) <{POST_SNAPBACK}>
you said she has been living in the US for 3 years but how long as she been a permanent resident.. you can apply for citizen 3 years after becoming a permanent resident, conditional or not...

me thinks since you applied for the removal of conditions this year in March that she hasn't been a permanent resident for 3 years yet...


well heres what happend - she came on fiance visa march 05 - got married apr 05 - had GC number issued to her which was wrong and belonged to someone in USA already at the time so we went to infopass got that sorted out and got new GC in May 2006 which expires May 2008

we applied for 751 in March 08 (within 90 days per guidelines) and in April technically speaking she's completed 3 yrs in USA (1 yr on old GC + 2 yrs on new GC number) so technically, she's definitely been in USA for 3 yrs now.

She adjusted status within one month of marrying in 2005? How is it that you were alerted to the fact that the original GC that was issued to her was incorrect? Did USCIS contact you?
diadromous mermaidFemale02008-05-18 17:01:00
Removing Conditions on Residency General Discussiondivorce within 1 year of marriage
QUOTE (djcess @ May 4 2008, 01:16 AM) <{POST_SNAPBACK}>
QUOTE (Dan + Gemvita @ May 3 2008, 10:15 PM) <{POST_SNAPBACK}>
QUOTE (djcess @ May 4 2008, 12:12 AM) <{POST_SNAPBACK}>
Hi everyone. I have a quick question but a little bit complicated. Someone I know got divorced within just 1 year of marriage. She came here on a fiance visa, got her conditional permanent resident card. I know she can't remove her conditional status. What happens next? I believe she should leave the country am I correct? Thanks.

She's still staying in the US.


She can remove conditions with a wavier provided that the marriage was in good faith.


Thanks for your reply. So if she removes that she can stay? As far as the marriage, all I can say is it's definitely not.

Are you suggesting that you know the marriage was not bonafide?
diadromous mermaidFemale02008-05-18 19:10:00
Removing Conditions on Residency General DiscussionVAWA I-360 (USC battered wife)
You can self-petition to remove conditions on your residency without your US spouse's signature if you can demonstrate abuse.
diadromous mermaidFemale02008-05-19 20:55:00
Removing Conditions on Residency General DiscussionVAWA I-360 (USC battered wife)
QUOTE (MihaelaNYS @ May 19 2008, 08:06 PM) <{POST_SNAPBACK}>
Hi,
I have a temporary GC (based on family - my husband is a USC). I want to apply for a waiver to
be able to remove my condition (temporary of my CG).
The nature of the abuse was mainly emotionally and psychologic.
I have a letter from my family doctor that recommended me to the Retreat
- an organization that helps abused women; I can
get letters from my friends, my counselor (social worker) and my psychologist. I also filed a report with the police.
If there is anyone that have been in a similar situation and successfully filed I-360 please
let me know.

Thank you


Why the I-360?
diadromous mermaidFemale02008-05-19 20:50:00
Removing Conditions on Residency General DiscussionUrgent: USCIS Error.. PLEASE PLEASE PLEASE HELP!
QUOTE (motu @ May 17 2008, 11:56 AM) <{POST_SNAPBACK}>
In the worst case - you would go in front of the Immigration Judge (as it says in your letter) and show him that you indeed did the biometrics as scheduled - could you then ask him to immediately issue an order for a greencard? biggrin.gif


At a hearing before the IJ, the alien would present the evidence that he or she complied with USCIS requirements. If the IJ sees that this is the case, USCIS would be have an opportunity to refute that claim. The important issue to remember when called before the IJ is that the onus lies with USCIS to prove that their decision to deny was correct. In the event that the IJ disagrees, he would order that USCIS reverse their decision.
diadromous mermaidFemale02008-05-17 15:07:00
Removing Conditions on Residency General DiscussionMissed I-751 Deadline
QUOTE (dillo2 @ May 6 2008, 01:02 PM) <{POST_SNAPBACK}>
QUOTE (Kathryn41 @ May 5 2008, 09:57 PM) <{POST_SNAPBACK}>
What would be your reason for the personal appearance at the San Antonio center? Basically, when you file the I-751, you mail it to the service center responsible for your area - in this case the TSC. The application is opened there, the cheque cashed - and then the file is apparently transferred to the Vermont Service Center. Processing will take place there and will only be forwarded to your local immigration center if they schedule you for an interview. So, what is it you and your wife hope to accomplish by going to the San Antonio center in person?


My point exactly. She is just freaked out and the Texas Center is the only recourse she knows of. I think I have now convinced her that we do not need to do that and simply getting the documents to the appropriate place during the 60-day grace period is the proper avenue.

Showing her the section from the Field Adjudicator's Manual was definitely helpful and I truly appreciate your diligence in locating that item for us.

I have written sample affidavits for three close friends of the both of us and have been gathering additional documents substantiating our claims as a happily married couple including a printout from our website for our business that clearly shows her as a partner.


As a word of caution, please don't rest on the 60-day grace period as a literal translation that an alien has an ability to file a late petition. Acceptance of any untimely petition is discretionary, despite any language in an Adjudictor's Manual!
diadromous mermaidFemale02008-05-06 17:35:00
Removing Conditions on Residency General DiscussionConditional Residency and Divorce
QUOTE (jimmyaven @ May 22 2008, 12:20 PM) <{POST_SNAPBACK}>
I asked her for the letter. She's gonna show it to me next time I see her. I pressed her for more information.

She said she called the USCIS number on the letter, and they told her that she needs to set up an apointment in the next three months. She told them that we're going through a divorce and that she thinks I married her for immigration reasons only (more on that in a second). They told her that if we get a divorce BEFORE our second marriage anniversary, that I would be deportable. They also told her that if she thinks I married her for immigration reasons, that she should call ICE.

She called them, and they told her that they would have to make a full investigation into her claims and look at the history of the relationship, etc... So she hung up on them....

You see, my wife is the delussional type. She was raised to believe that men don't file for divorce.. EVER! And that if they do, then they're every bad name in the book. She thinks men are suppose to stick it out NO MATTER WHAT and NEVER EVER get a divorce. So, since I filed for divoce, she's been under the impression that I only married her for immigration reasons and she's been threatning to get me deported.

I married my wife because I love her, but our marriage has reached a dead end. She was emotionally troubled, and I could no longer see us married anymore. So I filed for divorce.

I have two leases of two different places we lived together. I have some pictures of a trip we took together to another state. We had a joint bank account together, an auto insurance policy together, and a family cell phone plan. This is in addition to bills with my name that were sent to the address where we lived together. I hope and think that all of that is enough to make my case.

Thank you for confirming what I thought. But I'm pretty sure there is some kind of letter, and I will get my hands on it soon, and see what's that all about.



If there really is a letter, it sounds to me as if it was not unsolicited. It might have been preciptated by either a report by her, or quite possibly by a family member that alleged fraudulent intent.
diadromous mermaidFemale02008-05-22 13:08:00
Removing Conditions on Residency General DiscussionHelp!! Any advice.......
QUOTE (jonahkop @ May 23 2008, 10:21 PM) <{POST_SNAPBACK}>
Hello,
Any advice on this matter would be great! I married my US citizen wife 3 years and we are now at the "lifting of conditions" stage. I applied for that last november, but due to a range of factors we have decided that we are perhaps not meant for each other and have split up. That actually happened about 6 months but she has said that she will help me through the rest of the visa process as I am now settled in america. However, although we are amicable, she wants to begin divorce proceedings, I want us to wait until my 10-year green card has arrived and then we can look into divorce. She wants me to sign papers to start the ball rolling, now my quesion is, will my application become voided if we start filling for divorce now or is best to wait until my visa has arrived?
Thanks for the help in advance,
carl


Motu has given you the guidance you need. I'll just add that it is wise to learn and use proper terminology. You received your "visa" when the K-1 was approved and you "used" your visa when you entered the USA as a K-1. You have "status" as a permanent resident now, and at this point you are awaiting is the removal of "conditions" incident to that status. wink.gif
diadromous mermaidFemale02008-05-24 17:12:00
Removing Conditions on Residency General DiscussionHelping out a New Poster
QUOTE (Kathryn41 @ May 18 2008, 11:58 PM) <{POST_SNAPBACK}>
zozo View Member Profile Add as Friend Send Message Add to PM block list Forward PM Find Member's Topics Find Member's Posts ipsmenu.register( "post-member-49344", '', 'popmenubutton-new', 'popmenubutton-new-out' ); help please, Today, 11:18 PM

Newbie


Group: Members
Joined: Today, 10:26 PM



[size="2"]hi Kathryn41...
im trying to get some help to post my case but im not good in the English and i dont know how to post my information so can i get some help please ?
i came here K1 visa in Sep 06 got married in Nov 06 got my GC in May 07 then have many problem with my Xwife call the police 2 times and after the police officer came i asked him please to not arrest her any ways i had long story with my Xwife , in Feb 08 i filed for DIVORCE and im the petitioner, after i call 1800 i sent I-751 attached with the following documents (tow police report, petion for divorce, witnes statment, copies of some documents showing my marreage was in good faith like joint bank account 3 credit cards 2 car insurance medical for her and 2 step kids and life insurance from my work, copy for joint federal tax returns 2006 and 2007) . i sent it with the I-751 in 03/20/08 to NSC and got extended for one year from CSC in 04/06/08 received ASC appointment letter biometric done in 04/16/08 update 04/16 and 04/17 so now my Divorce is final in May/09 do you think i have to send it to them and what you think about my case i mean do you have advice for me .

thanks a lot



Note from Kathryn41: I received the above message tonight. As the poster states he wishes help in posting to the forums I am sharing the information here as it is where he will get the best advice. Normally I would not share a private IM on the list. I will be responding below.

Kathryn


Was the I-751 that was submitted in March 2008 a joint petition?
diadromous mermaidFemale02008-05-19 18:29:00
Removing Conditions on Residency General DiscussionQuestion on children and filing for removal of conditions.
QUOTE (GaryC @ May 27 2008, 03:26 PM) <{POST_SNAPBACK}>
I am thinking ahead to when I will file for Luz and Robins ROC forms. Robin is now 17 but when we file he will be 18. Is Robin included on Luz's form or does he need to file his own form? Obviously if he can file on Luz's form we can save ourselves the $575 fee.


The only consideration as to whether a child can be included in the parent's I-751 is determined by the date the child adjusted status. If the date is more than 90 days after the parent, then the child uses a separate I-751.
diadromous mermaidFemale02008-05-27 21:26:00
Removing Conditions on Residency General DiscussionNeed to remove Conditional Green Card and Divorce
QUOTE (HHW @ Jun 2 2008, 08:19 PM) <{POST_SNAPBACK}>
Here is the docs I have for I-751 with waiver(divorce) Any one can help me? That is all I have.......... I haven't talk to a immigration lawyer..Anyone recommend any one? Will it be hard to get such case (divorce) approved? Thank you


It is very frustrating and life changing event for me. Please Help Me......... crying.gif


Some of the items you have listed do not demonstrate either a bona fide marriage, shared residence or commingling of social or financial lives. Those would not really help your case.

Conditional Permanent Resident Card (MY NAME) This is not evidence of either of the above criteria
Passport (MY NAME) This is not evidence of either of the above criteria
Federal Income Tax Returns (2006 and 2007) (BOTH NAME) This is evidence of commingling of financial lives
the I-797, Notice of Action: Welcome Notice (MY NAME) This is not evidence of either of the above criteria
USCIS mailer (MY NAME) This is not evidence of either of the above criteria
Marriage Certificate (BOTH NAME) This is not evidence of either of the above criteria
Driver Licenses (TWO) showing same address. This is evidence of shared residence
State Driving Record (MY NAME) showing same address. This is not evidence of either of the above criteria
car insurance (TWO MY NAME) & (TWO BOTH NAME) showing same address.
Check Cards (TWO CARDS) This is evidence of commmingled financial lives
checking account statements (BOTH NAME) This is evidence of commmingled financial lives
cashier’s check (BOTH NAME) This is evidence of commmingled financial lives
Entergy bills (BOTH NAME) showing same address. This is evidence of shared residence
pictures (BOTH & SOME OTHERS) This is evidence of commmingled social lives
holiday cards (SOME BOTH & SOME ONLY ME) showing same address. This is evidence of commmingled social lives
One letter from myself stating the divorce reason
Two letters from friend and ex-husband
diadromous mermaidFemale02008-06-02 19:53:00
Removing Conditions on Residency General DiscussionAbout Lawyer
QUOTE (HHW @ Jun 4 2008, 10:12 PM) <{POST_SNAPBACK}>
Today, I finally had chance to talk several lawyers all over the nation. The fee they charge all different, from $750 to $2000 ( I even had one who needs to charge 4000).....Is it normal? I am in divorce case. Is there anyway I can evaluate lawyer's performance? I need to find a good one in order to do my case well.

Anyone knows good and reliable lawyer there?
Thank you

Try looking at http://www.aila.org if you feel you need an immigration attorney.
diadromous mermaidFemale02008-06-04 21:17:00
Removing Conditions on Residency General DiscussionHELP PLEASE... SECOND REQUEST
QUOTE (eau_xplain @ Jun 5 2008, 04:01 PM) <{POST_SNAPBACK}>
It's possible that your old files were touched because your I-751 is being processed and the Adjudicating officer is checking on your old applications. As long as your marriage was entered into in good faith and you submitted evidence to proving it as such, then you will most probably not have any problems with your I-751.

As to remarrying while your I-751 is pending, there shouldn't be a problem since you filed your I-751 with a waiver for joint filing.



Correct, eau explain. The only time* that marriage to a US citizen could complicate an alien's immigration process is when an alien is already in removal proceedings (not removing conditions, but USCIS's act to remove an alien that is either out of status or deportable. Then, if the alien marries a US citizen the standards for the "burden of proof" shift. It is important to note that marriages that occur while an individual is in removal or deportation proceedings must meet a "clear and convincing" burden of proof of the bona fides compared to the "preponderance of the evidence" standard in regular visa petition proceedings.

Edited to add: * And marriage while an alien is awaiting approval on an I-360 Vawa claim, too.

Edited by diadromous mermaid, 07 June 2008 - 03:42 PM.

diadromous mermaidFemale02008-06-07 15:40:00
Removing Conditions on Residency General Discussionhow to file i-751 if outside the usa
QUOTE (poison29isle @ Jun 14 2008, 04:20 PM) <{POST_SNAPBACK}>
hello....i need help just to make things clear....i have a cr1 visa which will expire on august 1, 2008. i am currently here in kuwait to visit my american husband whose working here as an active military. i will be in the usa on july 30, 2 days before the expiration of my cr1 visa. question is can i fiel the i-751 while we are outside the usa. what are the documents needed so i can file it, and where can i file it. thank you very much.

what's the problem with filing the I-751 once you return to the USA? Of course downloading the form and getting your USC spouse's signature while you are with him, preparing all the evidence, etc can be done while in Kuwait.
diadromous mermaidFemale02008-06-14 15:59:00
Removing Conditions on Residency General Discussionwaiver
QUOTE (Andy @ Jun 17 2008, 04:35 PM) <{POST_SNAPBACK}>
If you are at the stage where you are a conditional permanent resident, and now need to file an I-751 to remove conditional status, then you can file the I-751 on your own, without requiring your wife to sign. In Part 2 (basis for petition) on the form, instead of checking 'a' and filing together, you would check 'd' (if divorced or the marriage otherwise terminated) or whichever of 'e' or 'g' is most applicable. These options are, in effect, your application for waiver of the joint filing requirement on the basis of having been subject to cruelty or violence or if claiming that removal from the country would create great hardship.

Actually, I believe an I-751 with "d" marked requires a divorce decree.
diadromous mermaidFemale02008-06-17 17:58:00
Removing Conditions on Residency General DiscussionTricky Situation with I-751
QUOTE (Thagermandude @ Jun 16 2008, 02:19 AM) <{POST_SNAPBACK}>
We returned the card upon request from the USCIS office. They assured us that the error was fixed, she never received the valid green card.


Do you have the initial request from USCIS instructing her to return the incorrect card? Do you have any evidence that the incorrect card was mailed to USCIS per their request?
diadromous mermaidFemale02008-06-16 19:16:00
Removing Conditions on Residency General Discussionfelony
A. Deportability for Controlled Substance Offenses

A noncitizen convicted of an offense relating to a controlled substance is deportable and subject to removal from the United States. 8 U.S.C. § 1227(a)(2)(cool.gif, INA § 237(a)(2)(cool.gif.

B. Specific Controlled Substance Offenses and Deportability
A conviction for a conspiracy or an attempt to possess, distribute, or manufacture a controlled substance is a deportable offense. 8 U.S.C. § 1227(a)(2)(cool.gif(i), INA § 237(a)(2)(cool.gif(i). In the Ninth Circuit, a conviction for solicitation to possess a controlled substance is not a deportable offense under the controlled substance ground of deportability. Coronado?Durazo v. INS, 123 F.3d 1322 (9th Cir. 1997) (drawing negative implication from the statutory language that includes “attempts or conspiracies”).

1. Any record of conviction that does not identify the drug cannot support an order of deportability. Matter of Paulus, 11 I&N Dec. 274 (BIA 1965).

2. A conviction for a single offense for simple possession of 30 grams or less of marijuana is not a deportable offense. 8 U.S.C. § 1227(a)(2)(cool.gif(i), INA § 237(a)(2)(cool.gif(i).

3. See Section V below for a discussion of the aggravated felony ground for drug trafficking offenses.

C. Effect of Rehabilitative Disposition

A dismissal or expungement under the Federal First Offender Act is not a conviction for “any purpose whatsoever.” 18 U.S.C. § 3607. The BIA treats as a conviction for immigration purposes a disposition under a state counterpart to the Federal First Offender Act. Matter of Roldan, 22 I&N Dec. 512 (BIA 1999).
diadromous mermaidFemale02008-06-17 21:05:00
Removing Conditions on Residency General DiscussionI received a letter what does it means?
QUOTE (milleniumgirl @ Jun 23 2008, 07:31 PM) <{POST_SNAPBACK}>
your conditional resident status is extended for aperiod of one year.dURING THIS ONE YEAR EXTENSION YOU ARE AUTHORIZED EMPLOYMENT AND TRAVEL.
yupi!!!

"it also says "if you have not already done so,provide supporting documents to assist USCIS in processing your petition and to establish eligibility to remove the conditional basis of your permanent residence.
our confusion is:

we sent them the complete package already....does this mean we have to send this one more time?it says if you have not already done so...we know what does this mean..ok, but just to be sure....
the letter says with huge letters: Pllease include a copy of this receipt notice with any supporting documents you submit...
do we need to send everything again?
please answers..even if our question is retarded..
thank you everybody!
bye


.....only if you have not already sent the documents you believe will establish the bonafide nature of your marriage.
diadromous mermaidFemale02008-06-23 19:21:00
Removing Conditions on Residency General DiscussionI-751, Wife has temporary GC and stepdaughter doesn't
QUOTE (alex56 @ Jun 26 2008, 05:01 PM) <{POST_SNAPBACK}>
Hello,

My wife and her daughter came to US in summer of 2006. Wife had a K-1 visa and daughter had a K-2. My wife received a temporary green card but daughter was interviewed on 12/6/2006. Daughter has a written statement in Russian passport I-485 pending Sec. 245 and didn’t receive green card until 10/2008.

We have to send I-751 to remove condition of residence from wife and stepdaughter’s green card, but step daughter didn’t receive temporary green card.

I had Infopass twice in NYC office and called 1800 number, but didn’t get any answers regarding stepdaughter’s case. I don’t know what to do. Could you please help me with this situation?

Alex



How old was the daughter when she was interviewed in December 2006?
diadromous mermaidFemale02008-06-28 20:53:00
Removing Conditions on Residency General DiscussionI-751, Wife has temporary GC and stepdaughter doesn't
Daughter should receive a 2-yr green card, since her status is contingent upon the marriage.
diadromous mermaidFemale02008-06-27 21:03:00
Removing Conditions on Residency General DiscussionRemoving conditions
QUOTE (mrsking @ Jul 6 2008, 04:00 PM) <{POST_SNAPBACK}>
I was granted a visa last year febreruary 9, 2007 and came to america a week after I had my visa since the first time I cam here I was surprised of everything here all I see from his family is fighting to each other and destroying each other shout there, shout here, shout infront and shout at the back, almost 1 and half year now but everything seems the same he is obssessed of other things and he forgot he has a wife here and putting all the angry out on me, he never like my family specially now that we are getting divorce, because on his beleif my family is brainwashing me to separate him including my sister in pensacola which is all untrue, I just cannot breath being with him anymore, I got tired and burn out for every fight and always accusing other people for mistakes and counting every inch he spend for me, I am not even allowed to go anywhere without him all is must be on his way eventhough he is telling me it is not always on his way and I got spoiled, My ex-boyfriend knows what happening to me because he seen it and he is the one who makes me confident all the time, my husband said that this marriage was destroyed because of me having another man also where we started talking last december, but it is not really true November is the biggest fight we have and calling me all kind of names, over his family and I got burn out on that time and I started asking divorce on that time but he never do it he just do the divorce last March, I would love to be with my ex-boyfriend because I knew him for a long time, my husband withdraw his petition for me on financial status to the immigration or he withdraw the affidavit of support for me, and he is not giving me any kind of documents i can use so that I can apply for I-751 adjusting of status like the Tax and credit cards statement. hope anybody can help me.


You do not need to remain married to this person in order to remove the conditions placed on your residency, however, you do need evidence to support your contention that the marriage was bonafide. If you are currently in divorce procedings, are you repsresented by a family lawyer? If you are, then make sure that one condition of the divorce is that your husband turn over any records that are yours, or joint that would assist your filing of a waiver of the joint requirement for the I=751.
diadromous mermaidFemale02008-07-06 15:36:00
Removing Conditions on Residency General DiscussionDenial?
QUOTE (cherr1980 @ Jul 6 2008, 12:27 PM) <{POST_SNAPBACK}>
After a year of filing he was NEVER schedule for biometrics?? Why you did not get an INFOPASS to get a new stamp after the expiration of the NOA1?...ANYway I think is pointless to worry you more, Im not helpoing. There is no way to know why it has been denied. To be sincere on those type of delays I got for INFOPASS not call. I don't trust them at all...but INFOPASS I think is better.

It's exasperating because you are in a weekend...so schedule an INFOPASS as soon as you can get a slot. For me sounds that something on the biometrics got messed up.

He can stay here until an immigration judge says the contrary. And he should continue working, he does not need to show that or do a new I-9.

Good luck,

Technically, he is as of this moment without status. So, all benefits that accompany status are withdrawn too. Not that it matters, if he's married to a USC, but an employer might not think that way. Either the VSC denied the application outright, due to information that they have which we are not aware of, or a notice was mailed to the alien *somewhere*, upon which no action was taken. I would take all the information you have on hand, including the evidence you submitted for the I-751 with you to the local office. Who knows, they might reopen the file on their own motion and adjudicate it.
diadromous mermaidFemale02008-07-06 20:22:00
Removing Conditions on Residency General DiscussionConditional Removal Through A DIVORCE
QUOTE (russian_armenian @ Jul 9 2008, 01:04 AM) <{POST_SNAPBACK}>
Because if you dont sign "non contested", he would have to go through official separation route (which could be 1 or 2 years depends on state; plus, you might decide to live in a house and he would need to find place for himself).


This is not a general rule, it appears to be a state-specific requirement.
diadromous mermaidFemale02008-07-09 10:53:00
Removing Conditions on Residency General DiscussionConditional Removal Through A DIVORCE
Just want to add that unless you reside in a specific state that acknowledges "grounds" for divorce, a respondent can't really prevent a divorce. If yous r state recognises "no fault" grounds, refusing to sign the petition does nothing for you except accelerating the process of terminating the marriage. That situation is considered "default" and the divorce will continue with your signature or not. There are 2 issues that are contemplated when a marriage is in a terminal state. The first is dissolving the union (once again if you are in a :no fault" divorce state, whether you want to divorce or not, it will happen if the petition is filed. The second matter is the distribution of assets and liabilities of the marital estate. By participating in the divorce (i.e. answering the initial complaint within the required time, you ge the opportunity to participate in the process to decide who gets what out of the marital estate, within reason and within the realm of what the state recognises as equitable. Don't avoid the process. Retain a lawyer to protect your assets, if you don't, you may end up with very little as a result.
diadromous mermaidFemale02008-07-08 20:06:00
Removing Conditions on Residency General DiscussionNew processing times - is the USCIS lying?
QUOTE (drawbridgep @ Jan 22 2008, 11:31 AM) <{POST_SNAPBACK}>
I just got back from the Indy office. I had an infopass appointment.

I arrived just before my app time and went to the desk to let them know I was ther. The lady took my app letter and asked what she could do to help.

I told her I was planning on travelling in may and she looked up my details and said my application should be processing right now. Nebraska is currently processing January 19th, not Feb 9th (as on the website).
She said I should get the card soon, but if I don't just book another InfoPass app and take my plane ticket with me and they will stamp my passport.

In and out in 2 minutes. It took longer to get past the security guards. My wife didn't even get a chance to read any of her book (she was prepared for the normal wait)

So if you need to travel that seems to be the way to go. Book the ticket and then book an infopass and take you ticket and passport with you for a stamp.


See, not worth all the worrying, right? How about a vote of confidence in USCIS after all? laughing.gif
diadromous mermaidFemale02008-01-22 12:27:00
Removing Conditions on Residency General DiscussionUrgent: i751 Rejected and we're getting married next month
QUOTE (baunzerbrudi @ Jul 12 2008, 07:55 AM) <{POST_SNAPBACK}>
Just from general experience and similar problems I have seen here, your situation is complicated but not really beyond hope. Unless she lied to a USCIS officer or forged any documents, a denied I-751 is not grounds for future denial of petitions. You might want to hire an attorney but as long as she is currently in status (not illegally in the US), and you guys are a bona fide couple, there will be a way. It might take a little while, they might grill you at interviews and you might have to pay a waiver her or there but in the long run I would say your chances of her staying (or, in the worst case, reentering on a fresh K3) are close to 100%. If you intend to marry anyway, I would go ahead and do it. That way you have a vested interest in her staying and courts as well as uscis honor a citizen´s interest above a non-citizen´s appeal (just my layman´s opinion). Also, once married, she can file to adjust status as your spouse.

When a marriage occurs while an alien is in removal proceedings, the marriage is presumed fraudulent. Thus the benchmark to meet and exceed is raised. This case requires the help of a competent attorney. Research the Matter of Velarde so you can know what questions to ask.
diadromous mermaidFemale02008-07-12 17:05:00
Removing Conditions on Residency General DiscussionWife thinks husband married for green Card
QUOTE (mikeH @ Jun 9 2008, 08:40 PM) <{POST_SNAPBACK}>
our family friend married some one. He got coditional green card couple months ago. She noticed that husband is a completely changed person, after he got his conditional green card. She is thinking he married her for green card. She is bitter. She wants to punish him. What she can Do Now.


It isn't her position to punish him. It is her right to make the government aware if she has reason to believe and proof to show that his intentions upon entering marriage with her were not genuine.
diadromous mermaidFemale02008-06-09 20:48:00