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More Evidence for I-751 and Now Separated ..

#1 rainedsoul

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Posted 01 November 2008 - 01:53 PM

I filed I-751 June 2005 but never heard anything for while.
My friend suggested me just go to Local office to do finger printing.
Well, that went well. but I still never heard anything. I had to make info pass to extend my green card for 1 more year.
The thing is, when I first filed I-751, we didn't live together but we were in the same state, husband signed the paper for me he wanted me to stay in US.
In my state, there is no law for separation, officially we are married but now we don't have any joint account and he lives is Alaska and I am in Tennessee.
I had to do my Biometric test (Sep 23, 2008) again some reason, I got a letter (Oct 27, 2008) that I need more evidence to prove my marriage.
But now we don't have any joint account or anything.

Dec 2003 Married
Sep 2004 Moved to US
Oct 2004 Got temporary Green Card
June 2006 Filed I-751
Dec 2006 Biometric
Oct 2007 went to Local office to extend my Green Card (supposed to be expired Sep 2006)
Oct 2007 Got a letter says, "Your case has been randomly chosen for an interview, we are awaiting scheduling information from your local distric office."
Neverheard anything since then
Aug 2008 went to local office to extend my Green Card again, they didn't let me cause it's 2 months before expiration.
Sep 2008 Got a letter that I need Biometirc test, don't know why. Did a Biometirc Again.
Oct 2008 Got a letter says, my document is insufficient to prove marriage.

The reason why I got separated was, since we moved US (I didn't have driver license,,anything) some reason he started to not to get paid. for about 4 months. He kept acting like he was going to work and later I found all the receipt in the car. It was the time when he was supposed to be at work such as walmart..movie theater..all kinda stuff. MP came home later to look for him but he didn't open the door. Later I found out that He was in AWOL ("Absent Without Official Leave")
That's why he didn't get paid and we didn't have money. I spent all the money that I brought from Korea. Later we got evicted from our apartment.
I found korean friend and she let me stay in her house. But he literally lived on the street with no job for while. That's how we got separated.
He still told me he was not in AWOL and it's military fault, oh well he still didn't go back and kicked out of army.
First time when I filed I-751 we had joint tax return, account, bills
But now got this letter I have to prove our marriage was under the faith, I do NOT have any joint bills or anything.
I am going to see the lawyer on Nov. 4 Tuesday.
I am really afraid and don't know what to do, they said I will have to respond before Dec.8 or my Green Card will be terminated.
I graduate technical college with Associate degree in Healthcare Technology, I am working at the Lab in the hospital right now.
I went back to college, Now I am going to school for Nursing.
I don't know what would help....

I do have a boyfriend (I met him after I got separated with my husband) and We were going to get married after I get my green card and divorce with my ex husband.
But if I do that now, it would seem more suspicious, right ?

Do I have to file I-751 all over again and pay chunk of money again ?

Have you seen any similar case? I am so scared that they would terminate my Green Card...
Any advice ? please help me. Thank you guys ..

Edited by rainedsoul, 01 November 2008 - 01:55 PM.

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#2 YuAndDan

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Posted 01 November 2008 - 02:41 PM

It sounds like they want evidence of marriage in good faith, you need to provide this or face deportation.

Some searching resulted in this:
QUOTE
Two ways to show that a marriage was entered into in good faith are proving that the couple had a child together and producing evidence that the couple owned property jointly.
http://www.divorcene...ion_and_divorce

QUOTE
Filing if the Couple is Separated

More troublesome is if the couple is still married, but separated or otherwise not getting along. With limited exception, as long as the couple is legally married, it is necessary to have a joint petition. Thus, troubled marriages often need either to be reconciled or terminated in order to file the I-751. As explained below, the I-751 can be filed by divorced individuals, and may be approved, as long as there is sufficient evidence that the marriage was genuine when initially entered into. It is more difficult to satisfy the USCIS in such scenarios, however.

Joint-Filing Waived in Limited Cases

There are two situations in which a person who is still legally married can file the I-751 without the spouse. The first is if the person entered into a marriage in good faith, but has been battered or subjected to extreme cruelty by the petitioning spouse. The second is if termination of permanent resident status and removal from the U.S. would result in extreme hardship to the foreign national. Extreme hardship is a high standard and can be based only upon conditions that arose after the conditional residency was acquired.

Filing after Divorce or Annulment

A conditional permanent resident with a marriage that was terminated due to divorce or annulment must file for a waiver of the requirement of the joint filing of Form I-751. To obtain an approval of the I-751 and be granted unconditional lawful permanent resident status, the conditional permanent resident spouse must be able to show that s/he entered into the marriage in good faith.

The person seeking permanent resident status should expect to undergo an interview at the USCIS about the marriage. The USCIS will closely scrutinize whether the marriage was bona fide at its inception. The USCIS will review the divorce decree and complaint for matters that may be reflective of whether the marriage was entered into purely for immigration purposes or to perpetrate fraud against the United States citizen spouse or the USCIS.
http://www.murthy.co...s/n_remcon.html

Why have you not filed for divorce long ago, separation causes many problems when removing conditions.
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#3 Dakine

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Posted 01 November 2008 - 04:56 PM

You are facing fraud charges. Best thing is to get a lawyer.
  • 0
K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship
!! ALL PAU!

#4 Alawi

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Posted 02 November 2008 - 07:44 PM

QUOTE (Haole @ Nov 1 2008, 03:56 PM) <{POST_SNAPBACK}>
You are facing fraud charges. Best thing is to get a lawyer.


Hi , Iam new here in this website , and i have couple questions , i got divorced last month from my wife , and my 2 years green card will expire on February 2009 , i dont know if i can hire lawyer or file just by my self , we have house loan together and car , tax , bills , trips , , anyone can help me please i will appreciate that , thanks.
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#5 Dakine

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Posted 02 November 2008 - 08:02 PM

QUOTE (Alawi @ Nov 2 2008, 02:44 PM) <{POST_SNAPBACK}>
QUOTE (Haole @ Nov 1 2008, 03:56 PM) <{POST_SNAPBACK}>
You are facing fraud charges. Best thing is to get a lawyer.


Hi , Iam new here in this website , and i have couple questions , i got divorced last month from my wife , and my 2 years green card will expire on February 2009 , i dont know if i can hire lawyer or file just by my self , we have house loan together and car , tax , bills , trips , , anyone can help me please i will appreciate that , thanks.

You can file the I-751 anytime after your divorce was filed. Looks like you can file now as you are supposed to file within the 90 day period before GC expires.
Main thing is you having evidence you married in "good faith" and not just to get into the US. Besides the evidence of joint accounts trips etc. Get affidavits from a few friends stating you guys marriage was "real".

Edited by Haole, 02 November 2008 - 08:03 PM.

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K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship
!! ALL PAU!

#6 Alawi

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Posted 02 November 2008 - 08:10 PM

QUOTE (Haole @ Nov 2 2008, 07:02 PM) <{POST_SNAPBACK}>
QUOTE (Alawi @ Nov 2 2008, 02:44 PM) <{POST_SNAPBACK}>
QUOTE (Haole @ Nov 1 2008, 03:56 PM) <{POST_SNAPBACK}>
You are facing fraud charges. Best thing is to get a lawyer.


Hi , Iam new here in this website , and i have couple questions , i got divorced last month from my wife , and my 2 years green card will expire on February 2009 , i dont know if i can hire lawyer or file just by my self , we have house loan together and car , tax , bills , trips , , anyone can help me please i will appreciate that , thanks.

You can file the I-751 anytime after your divorce was filed. Looks like you can file now as you are supposed to file within the 90 day period before GC expires.
Main thing is you having evidence you married in "good faith" and not just to get into the US. Besides the evidence of joint accounts trips etc. Get affidavits from a few friends stating you guys marriage was "real".



Hi Haole , thanks for ur reply to me i do appreciate that , yes we do have a lot of evidence , wedding pics , with friends, bills , 2 loans under both names , my question i dont know if i can file by my self or go with lawyer ? thanks .
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#7 *JG*

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Posted 02 November 2008 - 08:12 PM

If you can prove you were married in good faith, you will be fine without the lawyer. In your case, I would bombard them with as much evidence as you can find.

Good luck to you.
  • 0
Life's just a crazy ride on a run away train
You can't go back for what you've missed
So make it count, hold on tight find a way to make it right
You only get one trip
So make it good, make it last 'cause it all flies by so fast
You only get one trip

#8 diadromous mermaid

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Posted 02 November 2008 - 08:15 PM

How on earth do you know this?
QUOTE (Haole @ Nov 1 2008, 04:56 PM) <{POST_SNAPBACK}>
You are facing fraud charges. Best thing is to get a lawyer.

  • 0
"diaddie mermaid"
You can 'catch' me on here and on FBI.

#9 Alawi

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Posted 02 November 2008 - 08:19 PM

QUOTE (Jomo @ Nov 2 2008, 07:12 PM) <{POST_SNAPBACK}>
If you can prove you were married in good faith, you will be fine without the lawyer. In your case, I would bombard them with as much evidence as you can find.

Good luck to you.



Hi thanks Jamo's girl for ur respond , yes i do have more evidence , we was married for love not just for to be in the US , so you think i dont have to hire lawyer just file by my self right ? my card will expire in February and i have my divorce decree now , should i file now or wait the 90 days perioud ? thanks.
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#10 Dakine

Dakine

    BIG crab/Anaka



Posted 02 November 2008 - 08:39 PM

QUOTE (diadromous mermaid @ Nov 2 2008, 03:15 PM) <{POST_SNAPBACK}>
How on earth do you know this?
QUOTE (Haole @ Nov 1 2008, 04:56 PM) <{POST_SNAPBACK}>
You are facing fraud charges. Best thing is to get a lawyer.


"when I first filed I-751, we didn't live together but we were in the same state, husband signed the paper for me he wanted me to stay in US."

"he lives is Alaska and I am in Tennessee."

She is still trying to get the I-751 approved under false pretences. Best is she just starts over and does one with a waiver.
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K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship
!! ALL PAU!

#11 JJBBKK

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Posted 03 November 2008 - 11:03 AM

QUOTE (Haole @ Nov 2 2008, 08:39 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Nov 2 2008, 03:15 PM) <{POST_SNAPBACK}>
How on earth do you know this?
QUOTE (Haole @ Nov 1 2008, 04:56 PM) <{POST_SNAPBACK}>
You are facing fraud charges. Best thing is to get a lawyer.


"when I first filed I-751, we didn't live together but we were in the same state, husband signed the paper for me he wanted me to stay in US."

"he lives is Alaska and I am in Tennessee."

She is still trying to get the I-751 approved under false pretences. Best is she just starts over and does one with a waiver.


Still, that is just your opinion and nothing else as you do not know the details, etc. She should have divorced him awhile ago instead of separation, the only time separation would've been ok if they had actually gone to a marriage counselor to work on the marriage problems which would then help during the conditions removal.
rainedsoul - the letter that u received from immigration regarding lack of documentation, did that state anything specific that you need to provide to them? do you have any additional documentation that you can send to them? What about divorce? are you considering that or will u just stay "separated"?
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2004: I-485 Filed
2005: Interview & Conditional GC recv'd
05/2007: I-751 sent to TSC
06/2007: FP completed
05/25/2008: Recv'd letter that interview for 05/08 is being cancelled though I never recv'd a letter that interview was scheduled
06/2008: Cond'l GC 1yr extension expires 07/08, via info pass received a stamp in passport for another year
07/2008: recv'd interview notice for beginning of Aug
08/06/2008: I-751 interview and GC Apprv'l
08/20/2008: Physical GC Recv'd
05/2012: Eligible For Citizenship
___________________________________
Im not a lawyer (yet), so consider my posts accordingly...

#12 rainedsoul

rainedsoul

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Posted 03 November 2008 - 11:29 AM

QUOTE (JJBBKK @ Nov 3 2008, 10:03 AM) <{POST_SNAPBACK}>
QUOTE (Haole @ Nov 2 2008, 08:39 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Nov 2 2008, 03:15 PM) <{POST_SNAPBACK}>
How on earth do you know this?
QUOTE (Haole @ Nov 1 2008, 04:56 PM) <{POST_SNAPBACK}>
You are facing fraud charges. Best thing is to get a lawyer.


"when I first filed I-751, we didn't live together but we were in the same state, husband signed the paper for me he wanted me to stay in US."

"he lives is Alaska and I am in Tennessee."

She is still trying to get the I-751 approved under false pretences. Best is she just starts over and does one with a waiver.


Still, that is just your opinion and nothing else as you do not know the details, etc. She should have divorced him awhile ago instead of separation, the only time separation would've been ok if they had actually gone to a marriage counselor to work on the marriage problems which would then help during the conditions removal.
rainedsoul - the letter that u received from immigration regarding lack of documentation, did that state anything specific that you need to provide to them? do you have any additional documentation that you can send to them? What about divorce? are you considering that or will u just stay "separated"?


Thank you so much JJBBKK for reply,
My husband wanted sign on the paper before he left to Alaska, that's why we don't have any joint document anymore.
I was going through paper work, and I did found a paper work that I did with lawyer before.
Once I was in the processing of divorce but we didn't actually get divorced.

The paper is " Complain for Divorce" and it was filed right before I filed I-751.
And it says, "The parties are still residing in the same residence as of the date of the signing of this complaint." <- we were living in the same apartment. this is before we got evicted from our apartment.
"The defendant is an enlisted member of the United States Army. He is assigned to the ********** at Fort Campbell, Kentucky. Starting sometime around January 2005, the defendant started failing to report to duty at this unit at Fort Campbell, Kentucky, even though he was still living at the parties' residence at ** Drive, Apartment 11, Tennessee. Upon discovering the defendant's failure to report to duty, the plaintiff contacted the defendant's military unit; and the defendant's unit, at the time, was willing to forego any significant disiplinary action if the defendant would start reporting for duty and continue to do so. Despite his military unit's conciliatory position, the defendant still failed to report for duty; and he continues to be absent from his unit without leave."

So, I called his boss and boss said he is willing to accept my husband and start over but husband never went back to work. That time, I did NOT have driver license. so every time, I had to get a ride from my friend to take me places.

"The plaintiff is economically disadvantaged relative to the defendant; she is in need of support and maintenance from the defendant; and she is entitled to the same under the law of this state"

It also has information of Green Card,
"The plaintiff is a conditional permanent resident; and she entered the United States on September 21, 2004, based on the defendant's execution of an Affidavit of Support (Form I-864). The execution of said affidavit of support created a contract between the defendant and the U.S. Government requiring the defendant to provide whatever support necessary to maintain the plaintiff at an income of at least 125 percent of the Federal poverty guideline....."

It was too long, it's like that.
So basically, I wanted to get divorced but he didn't wanna get divorced. He still didn't go back to his work but he wanted to be with me. People came to our apartment, husband received this "Complain for divorce" paper, didn't do anything. Then we got evicted from our apartment. That's how we got separated. I found a place to stay (friend's house), and he literally lived on the street without job for few months. Then later he got a minimum wage job. He asked me to get back together. I didn't want it any more. I didn't think it would work out again.
I still have eviction note under his / my name.
So, he signed the I-751, he wanted to get divorced after I get a green card. Then he left to Alaska around 2006 winter, we still talk and email each other.

I am going to see the same lawyer that I saw 3 years ago who filed "complain of divorce"
Should I start all over ? I have no idea if I have to send I-751 all over.

Thank you so much for your concern everyone.

Edited by rainedsoul, 03 November 2008 - 11:33 AM.

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#13 JJBBKK

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Posted 03 November 2008 - 01:43 PM

QUOTE (rainedsoul @ Nov 3 2008, 11:29 AM) <{POST_SNAPBACK}>
QUOTE (JJBBKK @ Nov 3 2008, 10:03 AM) <{POST_SNAPBACK}>
QUOTE (Haole @ Nov 2 2008, 08:39 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Nov 2 2008, 03:15 PM) <{POST_SNAPBACK}>
How on earth do you know this?
QUOTE (Haole @ Nov 1 2008, 04:56 PM) <{POST_SNAPBACK}>
You are facing fraud charges. Best thing is to get a lawyer.


"when I first filed I-751, we didn't live together but we were in the same state, husband signed the paper for me he wanted me to stay in US."

"he lives is Alaska and I am in Tennessee."

She is still trying to get the I-751 approved under false pretences. Best is she just starts over and does one with a waiver.


Still, that is just your opinion and nothing else as you do not know the details, etc. She should have divorced him awhile ago instead of separation, the only time separation would've been ok if they had actually gone to a marriage counselor to work on the marriage problems which would then help during the conditions removal.
rainedsoul - the letter that u received from immigration regarding lack of documentation, did that state anything specific that you need to provide to them? do you have any additional documentation that you can send to them? What about divorce? are you considering that or will u just stay "separated"?


Thank you so much JJBBKK for reply,
My husband wanted sign on the paper before he left to Alaska, that's why we don't have any joint document anymore.
I was going through paper work, and I did found a paper work that I did with lawyer before.
Once I was in the processing of divorce but we didn't actually get divorced.

The paper is " Complain for Divorce" and it was filed right before I filed I-751.
And it says, "The parties are still residing in the same residence as of the date of the signing of this complaint." <- we were living in the same apartment. this is before we got evicted from our apartment.
"The defendant is an enlisted member of the United States Army. He is assigned to the ********** at Fort Campbell, Kentucky. Starting sometime around January 2005, the defendant started failing to report to duty at this unit at Fort Campbell, Kentucky, even though he was still living at the parties' residence at ** Drive, Apartment 11, Tennessee. Upon discovering the defendant's failure to report to duty, the plaintiff contacted the defendant's military unit; and the defendant's unit, at the time, was willing to forego any significant disiplinary action if the defendant would start reporting for duty and continue to do so. Despite his military unit's conciliatory position, the defendant still failed to report for duty; and he continues to be absent from his unit without leave."

So, I called his boss and boss said he is willing to accept my husband and start over but husband never went back to work. That time, I did NOT have driver license. so every time, I had to get a ride from my friend to take me places.

"The plaintiff is economically disadvantaged relative to the defendant; she is in need of support and maintenance from the defendant; and she is entitled to the same under the law of this state"

It also has information of Green Card,
"The plaintiff is a conditional permanent resident; and she entered the United States on September 21, 2004, based on the defendant's execution of an Affidavit of Support (Form I-864). The execution of said affidavit of support created a contract between the defendant and the U.S. Government requiring the defendant to provide whatever support necessary to maintain the plaintiff at an income of at least 125 percent of the Federal poverty guideline....."

It was too long, it's like that.
So basically, I wanted to get divorced but he didn't wanna get divorced. He still didn't go back to his work but he wanted to be with me. People came to our apartment, husband received this "Complain for divorce" paper, didn't do anything. Then we got evicted from our apartment. That's how we got separated. I found a place to stay (friend's house), and he literally lived on the street without job for few months. Then later he got a minimum wage job. He asked me to get back together. I didn't want it any more. I didn't think it would work out again.
I still have eviction note under his / my name.
So, he signed the I-751, he wanted to get divorced after I get a green card. Then he left to Alaska around 2006 winter, we still talk and email each other.

I am going to see the same lawyer that I saw 3 years ago who filed "complain of divorce"
Should I start all over ? I have no idea if I have to send I-751 all over.

Thank you so much for your concern everyone.


were you able to verify what is the current status of your submitted I-751?? if you submit another one it might get rejected as you may already have another one in process and they are just waiting on additional documentation from you...i do think that its a good ideat to talk to a lawyer as it seems a bit more complicated at this point, he might be able to put some addendums together explaining your situation and present it as supporting documentation to ur file, but im not too sure how that work. whatever it is, dont give up as there are always options available.....
  • 0
2004: I-485 Filed
2005: Interview & Conditional GC recv'd
05/2007: I-751 sent to TSC
06/2007: FP completed
05/25/2008: Recv'd letter that interview for 05/08 is being cancelled though I never recv'd a letter that interview was scheduled
06/2008: Cond'l GC 1yr extension expires 07/08, via info pass received a stamp in passport for another year
07/2008: recv'd interview notice for beginning of Aug
08/06/2008: I-751 interview and GC Apprv'l
08/20/2008: Physical GC Recv'd
05/2012: Eligible For Citizenship
___________________________________
Im not a lawyer (yet), so consider my posts accordingly...

#14 cherr1980

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Posted 03 November 2008 - 02:54 PM

You need a divorce lawyer. Without the divorce you won't be able to file I-751 with the waiver.
You have a joint I-751 pending that is no longer support by your comingled life since you are not longer together, you are separated for LONG time...even if your state does not recognized separation for USCIS to distinguish marriage and divorce it's pretty much two ways: you are married and live happily ever after or you are divorce and go with your flie.

Since you are not 1 or 2...you need to choose which one you want to be. I would say #2: divorce

How you don't know in WHICH status is your complaint for divorce?? yes the complaint for divorce is the first step to get a divorce and you send that to the court! even he does not want to sign it...he will or was served by the sheriff or advice where he lives currently regardless that he moves...courts knows that and in the complaint for divorce you establish if the defendant (your husband) must be serve. In the divorce you are the plaintiff since you want to get divorce. REgardless of the state, there is a time frame to wait for his answer, if he doesn't answer it considered it serve and you move with your life. Normally in that way you go to court and most likely the judge grant you the divorce...now, why nothing of this happened? beyond my knowledge. You or your divorce laywer should know.

In any case, you need to straight up your civil case and answer USCIS about what's going on. Does not matter how the entire ordeal could be you MUST answer USCIS or you will get denial. The best thing is to know where is that complaint for divorce, did it get to the courts??? After that, answer and submit copies of it to USCIS and explain a detail letter about your case...I will consult a lawyer at this stage. You need to get your divorce decree ASAP!

And by the way, you need to get all your marriage paperwork together too regardless that has bee more than a year of separation.

When you went for INFOPASS did they tell you that your joint I-751 is still pending?? when you have to answer USCIS about more information?

Good luck!
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#15 queendlee

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Posted 05 November 2008 - 09:03 AM

Rainedsoul: your best bet is to hire an attorney preferably someone who have immigration knowledge. you case is too complicated for simple answers. Most likely you need to finalize a divorce and repetition with a waiver somehow. Get an attorney.
Alawi: if you think you have enough evidence to prove you married for love and have a good reason for separating, you probably can do this on your own... however if you are unsure and can afford to you can research good attorneys.
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