To Prove bona fide Marriage in my Case

[Roster 0]

Hi,

I have conditional residence card, which expired in May 2007. I have applied for I-751 lift of conditions jointly with my wife to Texas Service Center on Feb 27th 2007. I got 1 Year extension (NOA1) and also finished my Bio-Metrics on March'30th 2007. My file was last touched on March 31st 2007. From last 5 months nothing happened to my case. i don’t know how long its going to be with TSC.

As per my current situation goes: Here is my story in short

After 1st year of marriage, because of my job, we moved to Georgia (from last 2 years) and her kids (from her previous marriage) never able to adjust here. I always acted with best interest of them in my mind. We tried so hard to please everybody. And past 2 years our life is rollercoaster.....surrounded with kids.

We decided our marriage is not going to work and soon may be applying for divorce. She is ready to help me in any ways to finish the immigration process. I am trying to see my options.

1st, I think i have to file new I-751 separately as divorced person. To prove it as bona fide marriage, can any body suggest me precautions that i have to take in my situation?

when getting divorce, the clause we might be using is "Irretrievable breakdown of the marriage", or is there any other clause that will help with my future immigration process ? (we might be doing every thing ourselves, no divorce lawyer....if possible)

If my wife, write an affidavit about our relationship does that help in my immigration process ?

I will have following documents ready for my New I-751:

1. Tax returns, from past 3 years

2. Vehicle titles registered, under our both names

3. Joint Bank Account from past 2 years, telephone bills, drivers’ licenses stating our address.

5. Health Insurance cards, (whole family is under my insurance plan)

6. My Life Insurance & 401K beneficiary as my wife (vice-versa)

7. Very Few pictures

8. I can produce affidavits from my wife & mother in-law if necessary

9. Affidavits from our common friends,

10. Rental House agreement from last 3 years, where we both signed.

11. Divorce decree

Is my case looks Open/Shut case or do i need to go through Immigration lawyer ?

P.S: I really do not trust lawyers, but if i dont have choice, i guess i have to choose one.

Does any one knows good Immigration lawyer in Georgia ?

[diadromous mermaid 36]

Hi,

I have conditional residence card, which expired in May 2007. I have applied for I-751 lift of conditions jointly with my wife to Texas Service Center on Feb 27th 2007. I got 1 Year extension (NOA1) and also finished my Bio-Metrics on March'30th 2007. My file was last touched on March 31st 2007. From last 5 months nothing happened to my case. i don't know how long its going to be with TSC.

As per my current situation goes: Here is my story in short

After 1st year of marriage, because of my job, we moved to Georgia (from last 2 years) and her kids (from her previous marriage) never able to adjust here. I always acted with best interest of them in my mind. We tried so hard to please everybody. And past 2 years our life is rollercoaster.....surrounded with kids.

We decided our marriage is not going to work and soon may be applying for divorce. She is ready to help me in any ways to finish the immigration process. I am trying to see my options.

1st, I think i have to file new I-751 separately as divorced person. To prove it as bona fide marriage, can any body suggest me precautions that i have to take in my situation?

when getting divorce, the clause we might be using is "Irretrievable breakdown of the marriage", or is there any other clause that will help with my future immigration process ? (we might be doing every thing ourselves, no divorce lawyer....if possible)

If my wife, write an affidavit about our relationship does that help in my immigration process ?

I will have following documents ready for my New I-751:

1. Tax returns, from past 3 years

2. Vehicle titles registered, under our both names

3. Joint Bank Account from past 2 years, telephone bills, drivers' licenses stating our address.

5. Health Insurance cards, (whole family is under my insurance plan)

6. My Life Insurance & 401K beneficiary as my wife (vice-versa)

7. Very Few pictures

8. I can produce affidavits from my wife & mother in-law if necessary

9. Affidavits from our common friends,

10. Rental House agreement from last 3 years, where we both signed.

11. Divorce decree

Is my case looks Open/Shut case or do i need to go through Immigration lawyer ?

P.S: I really do not trust lawyers, but if i dont have choice, i guess i have to choose one.

Does any one knows good Immigration lawyer in Georgia ?

First, there is a good chance that the jointly-filed I-751 will be adjudicated without an interview and within the next few months. How imminent is the divorce? And is there an urgent need to terminate the marriage now, as opposed to later, after the conditions have been removed?

[Roster 0]

Hi,

I have conditional residence card, which expired in May 2007. I have applied for I-751 lift of conditions jointly with my wife to Texas Service Center on Feb 27th 2007. I got 1 Year extension (NOA1) and also finished my Bio-Metrics on March'30th 2007. My file was last touched on March 31st 2007. From last 5 months nothing happened to my case. i don't know how long its going to be with TSC.

As per my current situation goes: Here is my story in short

After 1st year of marriage, because of my job, we moved to Georgia (from last 2 years) and her kids (from her previous marriage) never able to adjust here. I always acted with best interest of them in my mind. We tried so hard to please everybody. And past 2 years our life is rollercoaster.....surrounded with kids.

We decided our marriage is not going to work and soon may be applying for divorce. She is ready to help me in any ways to finish the immigration process. I am trying to see my options.

1st, I think i have to file new I-751 separately as divorced person. To prove it as bona fide marriage, can any body suggest me precautions that i have to take in my situation?

when getting divorce, the clause we might be using is "Irretrievable breakdown of the marriage", or is there any other clause that will help with my future immigration process ? (we might be doing every thing ourselves, no divorce lawyer....if possible)

If my wife, write an affidavit about our relationship does that help in my immigration process ?

I will have following documents ready for my New I-751:

1. Tax returns, from past 3 years

2. Vehicle titles registered, under our both names

3. Joint Bank Account from past 2 years, telephone bills, drivers' licenses stating our address.

5. Health Insurance cards, (whole family is under my insurance plan)

6. My Life Insurance & 401K beneficiary as my wife (vice-versa)

7. Very Few pictures

8. I can produce affidavits from my wife & mother in-law if necessary

9. Affidavits from our common friends,

10. Rental House agreement from last 3 years, where we both signed.

11. Divorce decree

Is my case looks Open/Shut case or do i need to go through Immigration lawyer ?

P.S: I really do not trust lawyers, but if i dont have choice, i guess i have to choose one.

Does any one knows good Immigration lawyer in Georgia ?

First, there is a good chance that the jointly-filed I-751 will be adjudicated without an interview and within the next few months. How imminent is the divorce? And is there an urgent need to terminate the marriage now, as opposed to later, after the conditions have been removed?

Hi,

Thanks for your reply.

I really dont know how long does it take to lift conditions with TSC. It can be any given day or nothing may happen for long time. She is strongly thinking to move on for the sake of kids. They dont like school systems in GA and many. And i cannot hold her up for my immigration reasons, which may or may not take long time.

Can any body suggest me on legal & immigration side of my case.

[diadromous mermaid 36]

Hi,

I have conditional residence card, which expired in May 2007. I have applied for I-751 lift of conditions jointly with my wife to Texas Service Center on Feb 27th 2007. I got 1 Year extension (NOA1) and also finished my Bio-Metrics on March'30th 2007. My file was last touched on March 31st 2007. From last 5 months nothing happened to my case. i don't know how long its going to be with TSC.

As per my current situation goes: Here is my story in short

After 1st year of marriage, because of my job, we moved to Georgia (from last 2 years) and her kids (from her previous marriage) never able to adjust here. I always acted with best interest of them in my mind. We tried so hard to please everybody. And past 2 years our life is rollercoaster.....surrounded with kids.

We decided our marriage is not going to work and soon may be applying for divorce. She is ready to help me in any ways to finish the immigration process. I am trying to see my options.

1st, I think i have to file new I-751 separately as divorced person. To prove it as bona fide marriage, can any body suggest me precautions that i have to take in my situation?

when getting divorce, the clause we might be using is "Irretrievable breakdown of the marriage", or is there any other clause that will help with my future immigration process ? (we might be doing every thing ourselves, no divorce lawyer....if possible)

If my wife, write an affidavit about our relationship does that help in my immigration process ?

I will have following documents ready for my New I-751:

1. Tax returns, from past 3 years

2. Vehicle titles registered, under our both names

3. Joint Bank Account from past 2 years, telephone bills, drivers' licenses stating our address.

5. Health Insurance cards, (whole family is under my insurance plan)

6. My Life Insurance & 401K beneficiary as my wife (vice-versa)

7. Very Few pictures

8. I can produce affidavits from my wife & mother in-law if necessary

9. Affidavits from our common friends,

10. Rental House agreement from last 3 years, where we both signed.

11. Divorce decree

Is my case looks Open/Shut case or do i need to go through Immigration lawyer ?

P.S: I really do not trust lawyers, but if i dont have choice, i guess i have to choose one.

Does any one knows good Immigration lawyer in Georgia ?

First, there is a good chance that the jointly-filed I-751 will be adjudicated without an interview and within the next few months. How imminent is the divorce? And is there an urgent need to terminate the marriage now, as opposed to later, after the conditions have been removed?

Hi,

Thanks for your reply.

I really dont know how long does it take to lift conditions with TSC. It can be any given day or nothing may happen for long time. She is strongly thinking to move on for the sake of kids. They dont like school systems in GA and many. And i cannot hold her up for my immigration reasons, which may or may not take long time.

Can any body suggest me on legal & immigration side of my case.

No one in his or her right mind is going to suggest anything on a legal basis, here or anywhere, unless they are:

1. your attorney

2. familiar with the details of your case

however, that said, since you've already filed a joint I-751, I can tell you that USCIS is statutorily prohibited from adjudicating a jointly-filed application, if the parties have since divorced. So, in the event that your wife proceeds with a petition for divorce, or you do, and the divorce is finalised prior to the USCIS deciding the fate of the jointly-filed I-751, you will be required to withdraw the I-751 and replace it with a waiver.

A waiver is a form I-751, with item "d" checked, appropriately. It must be accompanied by a divorce decree.

What would/could happen if USCIS adjudicates the jointly-filed application and you have since divorced? Well, the award of a green card without conditions would be inappropriate under the laws specified in the INA, and it could be rescinded.

The choice then for you at this juncture is to decide....do we prolong the marriage until we hear from USCIS, or do we get on with the process of divorcing, and be prepared to re-file the waiver when it is complete?

Enough?

[Roster 0]

Hi,

I have conditional residence card, which expired in May 2007. I have applied for I-751 lift of conditions jointly with my wife to Texas Service Center on Feb 27th 2007. I got 1 Year extension (NOA1) and also finished my Bio-Metrics on March'30th 2007. My file was last touched on March 31st 2007. From last 5 months nothing happened to my case. i don't know how long its going to be with TSC.

As per my current situation goes: Here is my story in short

After 1st year of marriage, because of my job, we moved to Georgia (from last 2 years) and her kids (from her previous marriage) never able to adjust here. I always acted with best interest of them in my mind. We tried so hard to please everybody. And past 2 years our life is rollercoaster.....surrounded with kids.

We decided our marriage is not going to work and soon may be applying for divorce. She is ready to help me in any ways to finish the immigration process. I am trying to see my options.

1st, I think i have to file new I-751 separately as divorced person. To prove it as bona fide marriage, can any body suggest me precautions that i have to take in my situation?

when getting divorce, the clause we might be using is "Irretrievable breakdown of the marriage", or is there any other clause that will help with my future immigration process ? (we might be doing every thing ourselves, no divorce lawyer....if possible)

If my wife, write an affidavit about our relationship does that help in my immigration process ?

I will have following documents ready for my New I-751:

1. Tax returns, from past 3 years

2. Vehicle titles registered, under our both names

3. Joint Bank Account from past 2 years, telephone bills, drivers' licenses stating our address.

5. Health Insurance cards, (whole family is under my insurance plan)

6. My Life Insurance & 401K beneficiary as my wife (vice-versa)

7. Very Few pictures

8. I can produce affidavits from my wife & mother in-law if necessary

9. Affidavits from our common friends,

10. Rental House agreement from last 3 years, where we both signed.

11. Divorce decree

Is my case looks Open/Shut case or do i need to go through Immigration lawyer ?

P.S: I really do not trust lawyers, but if i dont have choice, i guess i have to choose one.

Does any one knows good Immigration lawyer in Georgia ?

First, there is a good chance that the jointly-filed I-751 will be adjudicated without an interview and within the next few months. How imminent is the divorce? And is there an urgent need to terminate the marriage now, as opposed to later, after the conditions have been removed?

Hi,

Thanks for your reply.

I really dont know how long does it take to lift conditions with TSC. It can be any given day or nothing may happen for long time. She is strongly thinking to move on for the sake of kids. They dont like school systems in GA and many. And i cannot hold her up for my immigration reasons, which may or may not take long time.

Can any body suggest me on legal & immigration side of my case.

No one in his or her right mind is going to suggest anything on a legal basis, here or anywhere, unless they are:

1. your attorney

2. familiar with the details of your case

however, that said, since you've already filed a joint I-751, I can tell you that USCIS is statutorily prohibited from adjudicating a jointly-filed application, if the parties have since divorced. So, in the event that your wife proceeds with a petition for divorce, or you do, and the divorce is finalised prior to the USCIS deciding the fate of the jointly-filed I-751, you will be required to withdraw the I-751 and replace it with a waiver.

A waiver is a form I-751, with item "d" checked, appropriately. It must be accompanied by a divorce decree.

What would/could happen if USCIS adjudicates the jointly-filed application and you have since divorced? Well, the award of a green card without conditions would be inappropriate under the laws specified in the INA, and it could be rescinded.

The choice then for you at this juncture is to decide....do we prolong the marriage until we hear from USCIS, or do we get on with the process of divorcing, and be prepared to re-file the waiver when it is complete?

Enough?

I guess my questions are:

1. if anybody fall under divorce situation, where to parties agrees in the divorce procedure, is "Irretrievable breakdown of the marriage" clause is the ideal or is there any other clause that will help with my future immigration process ?

2. If my wife, write an affidavit letter when i file new I-751, does that help in my immigration process ?

[diadromous mermaid 36]

Hi,

I have conditional residence card, which expired in May 2007. I have applied for I-751 lift of conditions jointly with my wife to Texas Service Center on Feb 27th 2007. I got 1 Year extension (NOA1) and also finished my Bio-Metrics on March'30th 2007. My file was last touched on March 31st 2007. From last 5 months nothing happened to my case. i don't know how long its going to be with TSC.

As per my current situation goes: Here is my story in short

After 1st year of marriage, because of my job, we moved to Georgia (from last 2 years) and her kids (from her previous marriage) never able to adjust here. I always acted with best interest of them in my mind. We tried so hard to please everybody. And past 2 years our life is rollercoaster.....surrounded with kids.

We decided our marriage is not going to work and soon may be applying for divorce. She is ready to help me in any ways to finish the immigration process. I am trying to see my options.

1st, I think i have to file new I-751 separately as divorced person. To prove it as bona fide marriage, can any body suggest me precautions that i have to take in my situation?

when getting divorce, the clause we might be using is "Irretrievable breakdown of the marriage", or is there any other clause that will help with my future immigration process ? (we might be doing every thing ourselves, no divorce lawyer....if possible)

If my wife, write an affidavit about our relationship does that help in my immigration process ?

I will have following documents ready for my New I-751:

1. Tax returns, from past 3 years

2. Vehicle titles registered, under our both names

3. Joint Bank Account from past 2 years, telephone bills, drivers' licenses stating our address.

5. Health Insurance cards, (whole family is under my insurance plan)

6. My Life Insurance & 401K beneficiary as my wife (vice-versa)

7. Very Few pictures

8. I can produce affidavits from my wife & mother in-law if necessary

9. Affidavits from our common friends,

10. Rental House agreement from last 3 years, where we both signed.

11. Divorce decree

Is my case looks Open/Shut case or do i need to go through Immigration lawyer ?

P.S: I really do not trust lawyers, but if i dont have choice, i guess i have to choose one.

Does any one knows good Immigration lawyer in Georgia ?

First, there is a good chance that the jointly-filed I-751 will be adjudicated without an interview and within the next few months. How imminent is the divorce? And is there an urgent need to terminate the marriage now, as opposed to later, after the conditions have been removed?

Hi,

Thanks for your reply.

I really dont know how long does it take to lift conditions with TSC. It can be any given day or nothing may happen for long time. She is strongly thinking to move on for the sake of kids. They dont like school systems in GA and many. And i cannot hold her up for my immigration reasons, which may or may not take long time.

Can any body suggest me on legal & immigration side of my case.

No one in his or her right mind is going to suggest anything on a legal basis, here or anywhere, unless they are:

1. your attorney

2. familiar with the details of your case

however, that said, since you've already filed a joint I-751, I can tell you that USCIS is statutorily prohibited from adjudicating a jointly-filed application, if the parties have since divorced. So, in the event that your wife proceeds with a petition for divorce, or you do, and the divorce is finalised prior to the USCIS deciding the fate of the jointly-filed I-751, you will be required to withdraw the I-751 and replace it with a waiver.

A waiver is a form I-751, with item "d" checked, appropriately. It must be accompanied by a divorce decree.

What would/could happen if USCIS adjudicates the jointly-filed application and you have since divorced? Well, the award of a green card without conditions would be inappropriate under the laws specified in the INA, and it could be rescinded.

The choice then for you at this juncture is to decide....do we prolong the marriage until we hear from USCIS, or do we get on with the process of divorcing, and be prepared to re-file the waiver when it is complete?

Enough?

I guess my questions are:

1. if anybody fall under divorce situation, where to parties agrees in the divorce procedure, is "Irretrievable breakdown of the marriage" clause is the ideal or is there any other clause that will help with my future immigration process ?

2. If my wife, write an affidavit letter when i file new I-751, does that help in my immigration process ?

"Irretrievable breakdown of the marriage" clause is about as milktoast and benign as any statement could be as to the grounds for marriage termination. It should have no consequence on your immigration process.

An affidavit, provided by the US petitioner, as affiant, should help to affirm the bonafide nature of your former marriage. Of course, that said, it can't overcome absence of any or all other forms of evidence...but it can't hurt.

[wildestkabs 0]

Is my case looks Open/Shut case

There is no such thing. Prepare to be approved without an interview, either RFEd or called for an interview, or both RFEd and then called for an interview, or denied (a little unlikely).

Also, make sure you document the reasons surrounding your divorce as well. I just got an RFE asking me to explain that (conditions surrounding the divorce).

[Roster 0]

I guess that was dumb question to ask does it look like Open/Shut case....because it never be with INS. There can be many complications. I am curious to know, did you able to produce the document “conditions surrounding the divorce” ?

Is my case looks Open/Shut case

There is no such thing. Prepare to be approved without an interview, either RFEd or called for an interview, or both RFEd and then called for an interview, or denied (a little unlikely).

Also, make sure you document the reasons surrounding your divorce as well. I just got an RFE asking me to explain that (conditions surrounding the divorce).

[wildestkabs 0]

I am curious to know, did you able to produce the document “conditions surrounding the divorce” ?

I am not sure I follow what you are saying. I don't have a "document" for the conditions surrounding the divorce. I am preparing a statement for that right now. Should be able to send it later this week or by next week.

[bhajishah 4]

[diadromous mermaid 36]

I am curious to know, did you able to produce the document "conditions surrounding the divorce" ?

I am not sure I follow what you are saying. I don't have a "document" for the conditions surrounding the divorce. I am preparing a statement for that right now. Should be able to send it later this week or by next week.

Were you the petitioner or the respondent in the divorce? Either way, you should have a document ~ the divorce petition, itself should spell out the grounds for the termination of the marriage.

[Roster 0]

In general, the clause used in divroce may be "Irretrievable breakdown of the marriage" , which may not say lot of things. Does it effect I-751 decision making, if you are a pertitioner or the respondent in the divorce arragement ?

I am curious to know, did you able to produce the document "conditions surrounding the divorce" ?

I am not sure I follow what you are saying. I don't have a "document" for the conditions surrounding the divorce. I am preparing a statement for that right now. Should be able to send it later this week or by next week.

Were you the petitioner or the respondent in the divorce? Either way, you should have a document ~ the divorce petition, itself should spell out the grounds for the termination of the marriage.

[wildestkabs 0]

In general, the clause used in divroce may be "Irretrievable breakdown of the marriage" , which may not say lot of things. Does it effect I-751 decision making, if you are a pertitioner or the respondent in the divorce arragement ?

You are getting confused. I am not talking about the divorce decree. I sent that with the package. I am saying that I received an RFE, which asks me to write a statement surrounding the conditions under which I got divorced and what I did to save the marriage.

Thats different from what is on the decree. But we are now talking a little off-topic here as this might not apply to you. I was merely asking you to document the conditions surrounding your divorce, "if" you are asked to provide a statement as well.

[mooninlove 1]

We can never tell if there's an effect if you're the petitioner or the respondent in your divorce when you file the I-751.It all depends I guess if you have documents to show you were in a bonafide relationship..The USCIS will have the last say.I was the respondent in our divorce. I got RFE'd but was approved later. The only "good" effect to me (as respondent) was when I have to change my passport in my new legal name, I was able to do it. Had I been the petitioner in our divorce, I wouldn't have a passport in my new legal name which I wanted to have..

[diadromous mermaid 36]

We can never tell if there's an effect if you're the petitioner or the respondent in your divorce when you file the I-751.It all depends I guess if you have documents to show you were in a bonafide relationship..The USCIS will have the last say.I was the respondent in our divorce. I got RFE'd but was approved later. The only "good" effect to me (as respondent) was when I have to change my passport in my new legal name, I was able to do it. Had I been the petitioner in our divorce, I wouldn't have a passport in my new legal name which I wanted to have..

Conjecture, but I imagine, save for a claim of abuse or adultery, that USCIS does look upon a divorce that was initiated by an alien in quite a different way than they would if the petitioner had been the USC.