I751 Abuse Excuse

[wmhurd 0]

Has anyone out there going through a divorce from your wife or husband and they filed a I751 to get conditions removed? My attorneys contacted INS enforcement who informed them that most marriages that end before conditions are removed, that the recipient will, a lot of times file an I751 claiming abuse, it's what the agent called the "Abuse Excuse" (their words not mine). I am in no way stating that some cases are very legitimate and the respondent did not come to this country with good intentions because some do. But what the INS enforcemnt will do is pull everything that you and your respondent has filed and go through it with a fine tooth comb and that includes going to the respondant's country of orgin and do another extensive records check to see if something was either missed or something new has materialized. Good Luck All

[canadian_wife 1,823]

interesting

And it hasn't been INS for many years now!

[wmhurd 0]

interesting

And it hasn't been INS for many years now!

Old habits die hard

[Kathryn41 3,205]

Duplicate thread in K-3 forum removed and remaining thread moved from CR-1 forum to the correct ROC forum. It is not necessary to post the same topic in more than one place and more than one time.

[wmhurd 0]

Duplicate thread in K-3 forum removed and remaining thread moved from CR-1 forum to the correct ROC forum. It is not necessary to post the same topic in more than one place and more than one time.

where is the ROC forum located?

[Kathryn41 3,205]

Removal of Conditions on Residency General Discussion forum.

It is in the section called: Immigration Discussion for US Visa Holders and Permanent Residents.

The I-751 is the application to Remove Conditions on Residency and this forum discusses matters pertaining to the I-751. This post is now located in this forum. There is a link still posted to this forum in the IR-1/CR-1 Visa Forum to direct you and others who are reading the thread to the correct forum.

It could also have been posted in the Effects of Major Family Changes on Immigration Benefits forum as well since it does discuss the I-751 and divorce, however the discussion is hypothetical in this situation and focuses on the I-751 more than the divorce so I am leaving it here. This forum is in the same section.

Edited April 5, 2010 by Kathryn41

[jarl 0]

the uscis asking you RFE, which is divorce decree, in order they can approved ur removal of conditional of residency. i was been divorce too while 751 on file.

[TracyTN 237]

Has anyone out there going through a divorce from your wife or husband and they filed a I751 to get conditions removed? My attorneys contacted INS enforcement who informed them that most marriages that end before conditions are removed, that the recipient will, a lot of times file an I751 claiming abuse, it's what the agent called the "Abuse Excuse" (their words not mine). I am in no way stating that some cases are very legitimate and the respondent did not come to this country with good intentions because some do. But what the INS enforcemnt will do is pull everything that you and your respondent has filed and go through it with a fine tooth comb and that includes going to the respondant's country of orgin and do another extensive records check to see if something was either missed or something new has materialized. Good Luck All

As was previously noted, it hasn't been the INS for YEARS. It's now USCIS. Also, USCIS is not the 'enforcement' arm of the Dept. of Homeland Security. That would be ICE (Immigration and Customs Enforcement). It helps to have at least a basic understanding of the system that's in place, regardless of whether or not you have legal representation.

Regardless, I think whomever the 'agent' is happens to be talking out of their #######. While there is rightfully a mechanism in place for abused spouses to still remove conditions, that is by no means the norm. In those cases, yes, I'm quite confident there is scrutiny of the facts in play - both the abuse and any involvement of local law enforcement, etc. as well as the state of and circumstances surrounding the marriage itself. This may/may not include the alien's country of origin. It's taken on a case by case basis.

People remove conditions all the time after a divorce. If you'd done a thread search, you'd see that there are threads opened on nearly a daily basis asking about removing conditions after a divorce. The fact that your attorneys didn't seem to know this, either, wouldn't give me much confidence in their abilities.

Does your post have a point or a question in it? I can't really seem to find one of either.

[Jimmy n Regine 0]

Lawyer trying to make a lot more money! It is quite simple. My ex filed the I-751 based on divorce 1 week after she was granted the divorce, which was 1 month after she was granted the 2 year conditional permanent residency.

It is actually easier, since the only evidence required is the divorce decree!