Refiling I 751 with waiver after divorce

[kluck 0]

Hi,

Long story short

Married in 2001

Recieved conditions PR in 2002

Filed I 751 together in 2004

File stuck in pending for almost 2 years

Divorced in 2005

We were married for 4 years and 2 months

Refiled with a waiver yesterday

These are the documents I had left over from the last filing

2002, 2003 Joint Tax returns

Joint lease from 2001 - 2004

Joint lease from 2004-2005

Birth certificate of our daughter

Divorce and Support agreement

Affidavit from EX-Wife that it was bonafied marriage

Affidavits from 2 more people

Couple of old bank statements with both our names on it

Drivers Insurance certificate (6 month period) with both of our names on it

20-30 Pics of us with our daughter

1 cable bill with my ex-wife's name for the same address

1 phone bill with my name for the same address

Other credit card and bank bills with just my name on it to prove that I lived there

Also my mother in law and father in law sponsored me for my I 485, my mother in law also gave an affidavit with my last I 751 filing. I couldn't get anything from them now since we have been divorced for almost 2 years

My questions are

1. Is this enough documentation?

2. Will they take into account the documentation sent with my previous I 751 before?

3. What are the chances of it being denied?

4. What are my chances in front of an IJ if this new I 751 is denied?

[diadromous mermaid 36]

Hi,

Long story short

Married in 2001

Recieved conditions PR in 2002

Filed I 751 together in 2004

File stuck in pending for almost 2 years

Divorced in 2005

We were married for 4 years and 2 months

Refiled with a waiver yesterday

These are the documents I had left over from the last filing

2002, 2003 Joint Tax returns

Joint lease from 2001 - 2004

Joint lease from 2004-2005

Birth certificate of our daughter

Divorce and Support agreement

Affidavit from EX-Wife that it was bonafied marriage

Affidavits from 2 more people

Couple of old bank statements with both our names on it

Drivers Insurance certificate (6 month period) with both of our names on it

20-30 Pics of us with our daughter

1 cable bill with my ex-wife's name for the same address

1 phone bill with my name for the same address

Other credit card and bank bills with just my name on it to prove that I lived there

Also my mother in law and father in law sponsored me for my I 485, my mother in law also gave an affidavit with my last I 751 filing. I couldn't get anything from them now since we have been divorced for almost 2 years

My questions are

1. Is this enough documentation?

2. Will they take into account the documentation sent with my previous I 751 before?

3. What are the chances of it being denied?

4. What are my chances in front of an IJ if this new I 751 is denied?

Before answering these particular questions, how about one from me. What the heck happened between 2005 through yesterday?

[kishore35 0]

Kluck.

Hi,do you mind if we ask which service center this was,NSC by any chance??

[kluck 0]

Kluck.

Hi,do you mind if we ask which service center this was,NSC by any chance??

It was at NSC...are you having the same issues?

I heard it its been pedning for that long...it is generally denied and they are investigating for fraud

[kluck 0]

Hi,

Long story short

Married in 2001

Recieved conditions PR in 2002

Filed I 751 together in 2004

File stuck in pending for almost 2 years

Divorced in 2005

We were married for 4 years and 2 months

Refiled with a waiver yesterday

These are the documents I had left over from the last filing

2002, 2003 Joint Tax returns

Joint lease from 2001 - 2004

Joint lease from 2004-2005

Birth certificate of our daughter

Divorce and Support agreement

Affidavit from EX-Wife that it was bonafied marriage

Affidavits from 2 more people

Couple of old bank statements with both our names on it

Drivers Insurance certificate (6 month period) with both of our names on it

20-30 Pics of us with our daughter

1 cable bill with my ex-wife's name for the same address

1 phone bill with my name for the same address

Other credit card and bank bills with just my name on it to prove that I lived there

Also my mother in law and father in law sponsored me for my I 485, my mother in law also gave an affidavit with my last I 751 filing. I couldn't get anything from them now since we have been divorced for almost 2 years

My questions are

1. Is this enough documentation?

2. Will they take into account the documentation sent with my previous I 751 before?

3. What are the chances of it being denied?

4. What are my chances in front of an IJ if this new I 751 is denied?

Before answering these particular questions, how about one from me. What the heck happened between 2005 through yesterday?

I informed thema nd sent my divorce decree and stuff.....the IO said I would be fine if I did that. Since its been forever I started looking at forums and I found that I needed to re-file.

[kishore35 0]

Hi,

What does IO mean?

[diadromous mermaid 36]

Hi,

What does IO mean?

IO= Immigration Officer, I presume.

kluck,

When did you inform USCIS that your divorce was final? You claim that the I-751 was "stuck" for almost 2 years, but frankly, USCIS are statutorily prohibited from adjudicating a jointly-filed I-751 if USCIS is aware that the parties are already divorced.

Did you divorce and wait to see if the previous I-751 would be granted and when there was no answer, eventually get around to informing them that you were divorced?

No matter which, it doesn't matter at this point. What matters is this waiver.

To answer the questions:

1. Is this enough documentation?

2. Will they take into account the documentation sent with my previous I 751 before?

3. What are the chances of it being denied?

4. What are my chances in front of an IJ if this new I 751 is denied?

USCIS are looking for evidence (randomly selected is fine) of the bonafides of your marriage from the date you married until you were no longer married. Big gaps should be filled in.

Send the documentation AGAIN. Don't count on elements of your file being married-up to this application.

No one can forecast the chances of a pending petition being approved or denied.

If denied, you will be placed in removal proceedings and will at some time receive an NTA (Notice to Appear) before the Immigration Judge. At that hearing, you will be given an opportunity to rebut the Service's decision to deny you benefit.

[wildestkabs 0]

If you received you conditional PR in 2002, you are, at some point of time in this year already eligible for naturalization. This time period could have passed or could be in the months to come, depending on when you received your PR.

Today is the 28th of July. If you received your conditional residence on the 25th of October 2002 or before, then you can file for naturalization.

I personally would refile the I-751 alongwith the N-400.

Edited July 29, 2007 by wildestkabs