proof of legal marriage

[ihavenoclue 0]

my wife threw all the documents away that i needed to re apply for my I-551 and i see that on the form from the USCIS that i need it states that i need to submit copies of the forms we submitted

what do i do now?

[ihavenoclue 0]

she has also said that i am not entitled to any of the belongings in the house and even the car is in both our names

[YuAndDan 153]

What do you mean by re-apply for I-551?

Are you lifting conditions on a 2 year conditional card, or just renewing a 10 year permanent card?

[ihavenoclue 0]

lifting conditions on a 2 year conditional card

[diadromous mermaid 36]

What do you mean by re-apply for I-551?

Are you lifting conditions on a 2 year conditional card, or just renewing a 10 year permanent card?

YuAndDan,

The OP may have to submit a waiver of the joint I-751.

A copy of any application to which an alien is a party (in this case, a jointly-filed I-751) can be requested.

How to Make a FOIA or PA Request (hyperlinked to source)

The Freedom of Information Act (FOIA), 5 U.S.C. § 552, provides that any person has a right to request access to immigration records, except those records exempted by the Act (e.g., classified national security, business proprietary, personal privacy, and investigative).

The Privacy Act of 1974 (PA), 5 U.S.C. § 552(a) provides legal permanent residents and U.S. citizens a right to protection of and access to records filed and retrieved by their name or personal identifier.

As required by the FOIA, ALL REQUESTS MUST BE SUBMITTED IN WRITING. Form G-639 may be used for this purpose, but is not required. A link to this form can be found on this page. A letter including the criteria below is sufficient. Requests must be for access to existing records. The FOIA/PA Program Office will not “create†records for the purpose of a FOIA or PA request. The following four steps outline “How to Make a FOIA or PA Request:â€

1. On your written request, include a daytime phone number so that we may contact you. Fees in searching, copying and reviewing records may apply, see below.

2. Provide as much information as possible on the subject matter. This will help expedite the search process.

3. Verification of Identity, Guardianship, Accompanying Persons, and Amendment requests are requirements for making a request for records of a personal nature. Requests for disclosure of records on individuals other than yourself require consent or proof of death.

4. Mail requests for USCIS records to the National Records Center, FOIA/PA Office, P. O. Box 648010, Lee’s Summit, MO 64064-8010.

Mail requests for human resources information to: Customs and Border Protection, Burlington Human Resources Office, 70 Kimball Avenue, South Burlington, VT 05403-6813.

Certifications: Certification of Nonexistence of a Record involves an agency decision. Requests for this service should be addressed to U.S. Citizenship and Immigration Services, ATTN: Records Services Branch, 111 Massachusetts Avenue, N.W., 4th Floor, Washington, D.C. 20529.

Expedited Processing of FOIA Requests:

Generally, USCIS processes FOIA requests on a first-in/first-out basis. FOIA requests may be taken out of order and processed on an expedited basis only if USCIS determines that the request involves (1) circumstances in which the lack of expedited treatment could reasonably be expected to pose an imminent threat to someone’s life or physical safety, or (2) an urgency to inform the public about an actual or alleged federal government activity and the request is made by a person primarily engaged in disseminating information. See 6 C.F.R. 5.5(d).

Every request for expedited processing must be accompanied by a statement from the requester setting forth in detail the reasons why expedited processing is warranted. The requester must also certify that the reasons given in support of expedited processing are true and correct to the best of the requester’s knowledge and belief. Requests for expedited processing that are not properly certified will not be considered.

Within ten calendar days of receiving a request for expedited processing, USCIS will notify the requester of its decision whether to grant or deny the request. If a request for expedited treatment is granted, the FOIA request will be given priority and processed as soon as practicable. If the request for expedited processing is denied, the requester may appeal the decision. Please refer to the “Appeals of Adverse Determinations†section for further information regarding the appeal process.

Appeals of Adverse Determinations:

A requester dissatisfied with a determination by USCIS to deny a FOIA request in any respect may appeal the determination to the USCIS FOIA/PA Appeals Office, 111 Massachusetts Ave., NW, 4th Floor, Washington, DC 20529. Appeals must be in writing and must be received by the FOIA/PA Appeals Office within 60 days of the date of the letter denying the request. The appeal letter should clearly identify the adverse determination that is being appealed, as well as the assigned FOIA request number, if known. For expeditious handling, the appeal letter and the envelope should be marked “Freedom of Information Act Appeal.â€

Requests are deemed to constitute an agreement to pay any applicable fees that may be chargeable up to $25.00 without notice. Most requests do not require any fees; however, if fees exceed $25.00, we will notify you beforehand. Do not submit fees with initial requests.

Edited December 5, 2007 by diadromous mermaid

[YuAndDan 153]

lifting conditions on a 2 year conditional card

I-751 requires joint filing, if your wife tossed paper work, and this uncooperative with joint possessions, you may have problems demonstrating a bona fide marital relationship.

If married in the USA, you should be able to get copy of marriage cert from county registrars office where you got married.

Also this post should have been in the Lifting Conditions Forum. http://www.visajourney.com/forums/index.php?showforum=86

[diadromous mermaid 36]

lifting conditions on a 2 year conditional card

I-751 requires joint filing, if your wife tossed paper work, and this uncooperative with joint possessions, you may have problems demonstrating a bona fide marital relationship.

If married in the USA, you should be able to get copy of marriage cert from county registrars office where you got married.

Also this post should have been in the Lifting Conditions Forum. http://www.visajourney.com/forums/index.php?showforum=86

No. The OP has a special case. This thread belongs here.

[YuAndDan 153]

YuAndDan,

The OP may have to submit a waiver of the joint I-751.

Sounds like they are still married, not divorced so may not be able to file a waiver to the joint filing requirement.

[diadromous mermaid 36]

YuAndDan,

The OP may have to submit a waiver of the joint I-751.

Sounds like they are still married, not divorced so may not be able to file a waiver to the joint filing requirement.

I said, The OP may have to submit a waiver of the joint I-751. Why can he not make inquiries here?

[ihavenoclue 0]

well she is in the process of divorcing but wont tell me when..thats why im getting things ready now so when she does i can submit right away

[YuAndDan 153]

well she is in the process of divorcing but wont tell me when..thats why im getting things ready now so when she does i can submit right away

Sounds like she is using the fact that you need her to joint file the I-751 as leverage. You may want consult with a lawyer and see if you can start the divorce your self.

You cannot file a waiver to the joint filing until the divorce is final, and you need to file to remove the conditions before the conditional card expires.

[diadromous mermaid 36]

well she is in the process of divorcing but wont tell me when..thats why im getting things ready now so when she does i can submit right away

Sounds like she is using the fact that you need her to joint file the I-751 as leverage. You may want consult with a lawyer and see if you can start the divorce your self.

You cannot file a waiver to the joint filing until the divorce is final, and you need to file to remove the conditions before the conditional card expires.

YuAndDan, why do you continue to presume that the OP has not yet filed an I-751?

[YuAndDan 153]

well she is in the process of divorcing but wont tell me when..thats why im getting things ready now so when she does i can submit right away

Sounds like she is using the fact that you need her to joint file the I-751 as leverage. You may want consult with a lawyer and see if you can start the divorce your self.

You cannot file a waiver to the joint filing until the divorce is final, and you need to file to remove the conditions before the conditional card expires.

YuAndDan, why do you continue to presume that the OP has not yet filed an I-751?

Lets see, in the above statement in bold may be a clue.

[ihavenoclue 0]

myself and my wife filed the papers back in may of this year to remove nthe conditions of my resident card

[diadromous mermaid 36]

well she is in the process of divorcing but wont tell me when..thats why im getting things ready now so when she does i can submit right away

Sounds like she is using the fact that you need her to joint file the I-751 as leverage. You may want consult with a lawyer and see if you can start the divorce your self.

You cannot file a waiver to the joint filing until the divorce is final, and you need to file to remove the conditions before the conditional card expires.

YuAndDan, why do you continue to presume that the OP has not yet filed an I-751?

Lets see, in the above statement in bold may be a clue.

YuAndDan,

Aha. Yes, so now you can see how presuming something can lead one astray? Perhaps what was evading you is the regulation that requires that the alien resubmit form I-751, as a waiver, and withdraws a previously filed joint I-751, when the couple 's marriage is legally terminated.