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Sam_nov_11

I-751 (Nov 2011) still pending because wife complained, what are my options

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Filed: Timeline

Hi guys,

I need urgent advice.

I got my conditional green card in Jan 2010. I have been married for 3 years now.

My relationship with my family revolved around her parents. They degraded me so many time and interfered in every single thing. They have treaten me many times that they will deport me and I actually have recording once time when I had argument with my wife. They treated me like ######.

-> Actually my wife lied and complained against me to immigration in july last year, accusing me of fraud. But I have tons of eveidence that is not the case. I spent 50K on my marriage and everything was out of love.

-> We applied joint I-751 in Oct 2011.

--> She got a call in May 2012 from immigration regarding the complaint, she said everything is fine and that we are together.

--> I got a letter from immigration for second interview and then she revealed about the complaint. we had a argument and she left the house.

I consulted an attorney and he is saying I should go for waiver as she is not reliable . Any advice regarding waiver? as I am not divorced yet. Thanks in advance

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Filed: Other Timeline

Hi,

Sorry to hear about your situation...

you did not say whether you were planning on getting a divorce.

In order to apply for a waiver

One must show

1) That one entered into the marriage in good faith, but that the marriage was terminated in

divorce; and/or

2) That one entered into the marriage on good faith, but the married was terminated due to the

death of the United State Citizen spouse; and/or

3) That one entered into the marriage in good faith, and that one was subjected to physical

battering and/or extreme mental cruelty; and/or

4) That one would suffer extreme hardship if returned to his/her country of origin.

I am not sure if you were subject to physical or mental abuse/battery .. and if so how you can prove that. I have heard this type of waiver applications are scrutinized thoroughly ... without an abuse police report or medical report I think option 3 is far fetched ...

In order to go by option 1, you have to be divorced... You could submit the waiver application before getting the final divorce decree, but USCIS will eventually send an RFE for divorce documents. By that time if you are able to get the final divorce, you can send them.

Good luck

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Filed: Timeline

theredbird,

Thanks for the reply. I spoke to an divorce attorney. He is saying that it will take 6 months to process divorce.

Its taking a while to process I-751 , I may get divorce papers till when my turn comes after at VSC(VSC 10 month processing).

My immigration attorney is going for this option:

-> That one entered into the marriage in good faith, and that one was subjected to physical

battering and/or extreme mental cruelty; and/or

According to him I will get another extension letter and will submit affidavits and copy of audio and other evidence.

I dont see another option right now.

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