I-751 Waiver

[canonfire 0]

After consulting with an attorney, I was told that when filing under a waiver, you need to present evidence regarding the reasons why you are filing under that waiver. If I were to file a waiver, it would be under the 'divorce' - Of course, I would need a final divorce decree, but what other evidence woud I submit to show the breakdown of the marriage? The attorney said a statement from me surrounding the breakdown of the marriage would be helpful, but It sounds as if it all comes down to 'he said/she said'....Additionally, my sister lives with us and can testify to some of these happenings in our marriage. What other things should I be looking for?

[JimVaPhuong 4,863]

After consulting with an attorney, I was told that when filing under a waiver, you need to present evidence regarding the reasons why you are filing under that waiver. If I were to file a waiver, it would be under the 'divorce' - Of course, I would need a final divorce decree, but what other evidence woud I submit to show the breakdown of the marriage? The attorney said a statement from me surrounding the breakdown of the marriage would be helpful, but It sounds as if it all comes down to 'he said/she said'....Additionally, my sister lives with us and can testify to some of these happenings in our marriage. What other things should I be looking for?

Generally speaking, they don't care about the details of your divorce. They are far more interested in the details of how the marriage began. They want to know that the marriage was entered into in "good faith"; i.e., not for the purpose of immigration. Unless your marriage ended because of abuse by your ex, all you need regarding the divorce is the divorce decree. If abuse was a factor, and you want to use that as a basis for the waiver, then you should also provide evidence of the abuse. USCIS is much less strict about "good faith" evidence when abuse is involved.

Otherwise, you have to provide the same evidence of a relationship that you would have to provide if you were still married. The only difference is that it's expected that evidence would only cover the span of time when you were actually married. In other words:

• Birth certificates of children you had together.
• Financial records of joint ownership, joint bank accounts, joint tax returns, etc.
• Other evidence you feel helps to establish that the marriage was not entered into for immigration purposes.
• Affidavits from at least two people who've know both you and your ex since you were married.

[YuAndDan 153]

After consulting with an attorney, I was told that when filing under a waiver, you need to present evidence regarding the reasons why you are filing under that waiver. If I were to file a waiver, it would be under the 'divorce' - Of course, I would need a final divorce decree, but what other evidence woud I submit to show the breakdown of the marriage? The attorney said a statement from me surrounding the breakdown of the marriage would be helpful, but It sounds as if it all comes down to 'he said/she said'....Additionally, my sister lives with us and can testify to some of these happenings in our marriage. What other things should I be looking for?

Generally speaking, they don't care about the details of your divorce. They are far more interested in the details of how the marriage began. They want to know that the marriage was entered into in "good faith"; i.e., not for the purpose of immigration. Unless your marriage ended because of abuse by your ex, all you need regarding the divorce is the divorce decree. If abuse was a factor, and you want to use that as a basis for the waiver, then you should also provide evidence of the abuse. USCIS is much less strict about "good faith" evidence when abuse is involved.

Otherwise, you have to provide the same evidence of a relationship that you would have to provide if you were still married. The only difference is that it's expected that evidence would only cover the span of time when you were actually married. In other words:

• Birth certificates of children you had together.
• Financial records of joint ownership, joint bank accounts, joint tax returns, etc.
• Other evidence you feel helps to establish that the marriage was not entered into for immigration purposes.
• Affidavits from at least two people who've know both you and your ex since you were married.

Correct, they need evidence that the marriage was entered into in good faith, and was NOT used just to immigrate.

SEE Duplicate: http://www.visajourney.com/forums/index.php?showtopic=201558

[mooninlove 1]

After consulting with an attorney, I was told that when filing under a waiver, you need to present evidence regarding the reasons why you are filing under that waiver. If I were to file a waiver, it would be under the 'divorce' - Of course, I would need a final divorce decree, but what other evidence woud I submit to show the breakdown of the marriage? The attorney said a statement from me surrounding the breakdown of the marriage would be helpful, but It sounds as if it all comes down to 'he said/she said'....Additionally, my sister lives with us and can testify to some of these happenings in our marriage. What other things should I be looking for?

You need to submit evidences of you marital union like co-mingling of assets, debts, insurances, utilities, children if you have, anything that shows you entered in a good-faith marriage. You need the decree before you could file under a waiver. The one your attorney mentioned to you was the one I received as an RFE. Best of luck!