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cherr1980

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Posts posted by cherr1980

  1. I think the confusion is that some people who are replying are not in the stage of I-751 and think that AOS (if you were before in that process) will repeat for I-751 and are TWO different process.

    Ant have explained it pretty clearly.

    For I-751 you ARE a conditional resident and you ONLY have to attach evidence of your COMINGLED LIFE, it does not matter if you both live in a camping ground looking at the stars everyday shine or rain. The important thing at this stage "removal of conditions" is that you both have, especially, financial links between the two just to mentions some: credit cards, normal bills like power/cable/cell/phone, leasings/mortgage papers, bank statements, insurance (life/health), things with both names and same address, you can include affidavits from friends/family, joint tax returns *important , pictures, emails, cards bdays/xtmas/anniversaries etc. etc.

    At this stage you must demostrate that since they gave you a CPR status you have been living in a marriage life with your spouse. If one of you are without a job it does not matter even if the unemployed is the US citizen.

    Good luck!

  2. It is important, indeed, to add the tax returns from previous years as part of your I-751 evidence.

    Unless you are going to miss the deadline, you can add your own records of your tax return (if you save them in your computer or if you have copies of them!). E.g. the one that you save/print from turbotax that you e-file.

    If you still have time then I would suggest to call right now to the IRS line and asked for your transcripts. The transcripts will be send to the last address on record. They normally say around 2 weeks, but I always have received them in a week or less than that but since we are on tax season it could be longer.

    Good luck!

  3. It depends on your county/state where you are going to divorce.

    Divorce rules varies from state to state, some required a separation period, etc.

    Most of the time there is a list of "grounds for divorce" like infidelity, irreconcilable diff, etc. and you must select one or the one that will apply to you. If you want to use the ground of cheating or infidelity in the marriage, then you will have to demostrate so, (you have that she had a child from another person after marriage)but a divorce lawyer would guide you best. Your wife does not need to agree with your desire of divorce even if she had a child that is not yours. In that case, the divorce go through court process.

    In my case, in Georgia in the county that I filed we have to agreed on the "financial agreement" if not, I would have to go through a lenght process in court that most of the time sent the couple to dispute their arguments or use arbitration. Fortunately, after so much fight and back and forths he agreed (I conceded a lot just for the sake to be free and done with it) and he signed the papers. I only had to go to court to filed it and in 31 days I got my audience in front of a judge and I had my divorce decree.

    Divorce papers include several things and depends on the state. Can be from the declaration of divorce, knowledge of divorce (the defendant have to knowledge that you want a divorce - that can take more if you have to send it to the person by the sheriff and all that), financial or divorce agreement, custody issues if you both have children, etc etc. You can get a consultation from a divorce lawyer about the process in your area and then you can continue or start doing some research about the divorce law in your state.

    A divorce decree is the paper that the judge signed and give to you on the date of your audience, that the State grants you the divorce, in the case of name change it should/could included in it. Normally states that the this person is granted the divorce from this person, and that both parties agreed of this and that...etc etc. signed by the judge and the court clerk, seal and stamp from the court.

    Hope things go well with you.

    Cherr

  4. Correct. The most that you can do if you are so stress is to go to an INFOPASS and talk face to face with another human, that's it. That may tell you the same thing that you know or just wait.

    Not all the people that got transfer to CSC at that time has been approved, and not even all have been transfered either.

    Why are you stressing so much? You have enough evidence about violent behavior and you do must have enough evidence that show comingled life.

    If you get a RFE then re send all the information that you have plus add let's say if you still have bank statements in both names, pictures? etc.

    I just will make an infopass or wait a little bit longer.

    In any case, IF USCIS knows that you are in divorce proceedings they may send you a RFE and just send the correct information. You are in divorce proceedings that's a fact. Is that why are you stressing out?

    Since is going to take six months your divorce in courts, you must probably be approved or know something from USCIS before your divorce deadline.

  5. My story is very similar to yours. i am currently at a shelter and i will be getting a home next week.

    I have hired a divorce attorney who cost me 900 buck and she promise to help with immigration but now she is asking more money which i do not have . I was emotionnally and physically abused by my husband. The last physical abuse dated from two month ago. i went to a shelter and he spent three days in jail and was convicted. I AM GOING THROUGH COUNSELING NOW . can i send all documents now by myself?I am to renew the card by may which is three months before it expires . can i send every thin now without the lawyer?I have police reports, hospital documents, shelter documents, 2 leases, taxes filled joint, two affidavit ( which i can get more) what else can i add do i stand a change without a lawyer. The divorce groung are based on abuse

    please let me know what documents you had and what i can do

    Yes, you can apply by yourself, you have enough evidence to file under the section that states that you have been abused by your spouse. Keep those police records and even his jail report...and shelter documents too. You are a brave woman to take those steps. Remember, YOU CAN. Okay? I think that for those cases you even don't need to wait to be divorce! Im glad that you have decided to smile at life even is not easy...is not, but is WAY BETTER than in the path you were, isn't? Hope you find a home soon!

    Check the instructions on Form I-751 at uscis.gov for more details.

    Good luck!

  6. Try to make a history of your bills and statement.

    For example showed since you were married (e.g. 2006), a bill from 2006, then a bill from last year and then the most recent bill that you have for the current or previous month this year.

    Did you finish your tax returns of this year? then sent a copy even if the submitted print one from turbo tax or whatever software or person who made your taxes. You don't have to wait for a IRS transcript.

    Did you submitt affidavits? time to get a couple.

    Even it sounds silly, do you guys send each other emails during work hours? Then get a copy of a couple of those emails between the two and added to your package.

    My ex and I took photos when we did a renovation project of our condo's floors...things like that help!

    Good luck!

  7. It is suppose that from a previous memo (that I can't recall where is at but you can find it over the web), attorneys and/or petitioners could send a suplemental/ammedment from the previous I-751 filed when such cases ocurred.

    After that memo, basically they put immigrants on hold or in a limbo since some divorce cases can take months even years and some even required a separation period of time, meanwhile you have a deadline to fullfill.

    Be advice, that was not my case, I filed jointly and then divorce. Many would think is the best scenario if you can't file jointly...well, that depends IF they can match your records! which they tend to have a pretty good skill at messing things up. So I sent, in my case, a letter withdrawing my previous case and telling them I have a change of status from married to divorce with all the evidence AND a total new brand package...well they never made a match on my previous letter. They approved me as married and I am still pending as divorce...so I am still not sure which one is the best course of action, in anycase as one CBP officer told me, I am pretty much covered.

    Anyway, while I was in marriage battles I went to an immigration lawyer, the first one told me I was going to be denied, the second one told me the same thing as you: that I would need to send an ammendment and that will be it, but then reading in britishexpats and over here got the information that was better to send a new brand package, even called the USCIS super line and they told me to withdraw the previous case and file a new one. I did the last two (letter and new package).

    Now, every case is particular. I would wait to see what happens. If you get a RFE, then is your oportunity to send a brand new package with the current info, divorce decree and more evidence if it's needed. Your lawyer should be able to guide you in this. If you are not sure what your lawyer is doing then change lawyers. You are paying for a service. If you don't get any RFE and they are fine and make the match in your records, voula! you are good to go.

    Good luck,

    Cherr

  8. Remember that you only need it to check-in at the airline counter and to re enter the US. Many airlines should know and is part of their procedures to accept these documents, if you get in trouble, since many put this contractors security folks asked for a supervisor in charge of the airline, not airport. If you still feel afraid of it, try to get an INFOPASS so you can get a I-551 stamp that is pretty much recognizable.

    Good luck!

  9. Yes, to change a partial or complete name you need a court order and is not as simple as to just show up in a court.

    Social security and Driver's license need that immigration change it first so then they can follow.

    Because all of that is link to your immigration status.

    I don't know about middle names...but in here the last name is what it counts.

    In what that can affect it depends in how you use your middle name. If you use your middle name to book a flight, then you may need to show why is different than in your passport, etc etc.

    Good luck.

  10. Absolutely agree with you that is better to have lbs than ounces of information :) and still...you many need to get a suitcase.

    "Well, cherr if all the waivers were like yours there would be no need to worry. People would just take an ideal 6-8 months time line for reference and the sit back and relax. Now there are nationalities that have a high degree of visa fraud these applicants are scrutinized more than others. IOs come from all around the world but its the fraud pattern that exposes some nationalities to more checks than others"

    Well, I am not sure how is my waiver comparing with others :blink: ...we are all divorced :thumbs: . Yeah I stayed married more time, probably because I gave more shots to try to fix it , had more patience (which I really do not have) or I don't know, waiting for a sign from the clouds that says "MOVE ONNN"? I was looking an ideal 3 months max!!! hehehehe

    Yeah the nationality factor...could be/could be not...don't know, haven't read something that might looks like that case. I think that can matter way more in AOS than in this step.

    Point aside, does not matter how much evidence you have brought during AOS (if you went through that one)...I-751 is a new brand concept for evidence.

    If you find those Xtmas postcards, envelopes with both your names on it? I included ALL that and I will still keep it until I get my citizenship...IF everything goes right in this last one. Important tip: MAKE A COPY of everything. You never know when you need to refile everything because they want the same evidence again.

    Btw 3600rs, oh sorry on the geography :whistle: ...I used to be better though, I think we forgot our Australian friends... :P

    I will keep you posted...so bad I can't drink Baileys with my coff at work! And please Sara keep us posted.

  11. How you send the papers? Did you include "history" of your statements? Example, Feb, June and last month (before separated/divorce) in both names? credit card, insurance, cable/phone/internet bills, mortgage/leasing payments. Or you just send one month of each, etc etc.

    Interesting how statistics are putting in practice here...actually what I have read here (and other forums) most of the interviews are on people who have filed jointly, maybe because we don't hear many waiver cases...or could be same amount. Since I haven't put my numbers on I just can say that BOTH cases can or may get an interview from what I have read since last year that I got divorced. USCIS does waive interviews regardless if you are a waiver or not, what are the basis? I don't know, each adjudicator officer is different as so the cases.

    Funny to read something like this: "I have seen recently many nationals from south america, asia, africa have been called for the waiver interview" Aren't many of people for the above regions of the world participate in this forum?...BTW, you forgot to include Central America, North America (Canada and Mexico) and Europe too. To implicate that some adjudications, waivers or rfe can be link to a nationality is just causing unnecessary panic and misinformation.

    In any case, waiver cases are approved without an interview as well.

    You was only one year married...in any case, be sure to include many evidence like your joint tax return, they love that! Did you add a letter explaining what happened in your marriage?

    RFE's are a mistery. Sometimes people forgot basic information, but other ocassions is very frustrated.

    Hope you will hear from them soon, and if not, keep your eyes on them and make an INFOPASS.

    Good luck!

  12. By the way...I have a valid stamp in my passport from my waiver case.

    I have entered in and out of the US many times, since I travel a lot...and they never had a problem with any of all that information. They just keep telling me that well at least I am ALL covered and I said, is not funny since I would prefer to have thing straight up and they keep saying that's USCIS mess, they just need to see a valid ID e.g. stamp, GC etc.

  13. I re-file in July first and I haven't get any transfer or email and nothing different (or last update) in my file :(

    I filed after a divorce too.

    I thought to go to INFOPASS long ago but I have been postponed it...because I am afraid they want to take my other GC away. It's kind of complicated:

    12 Dec-07 filed joint I-751

    01 July-08 divorced, still my joint file was pending.

    01 July-08 sent new I-751, note of withdrawal of joint file from 07.

    02 Aug-08 biometrics again (new I-751)

    Went for INFOPASS several times to know if they received my withdrawal note since my joint file states pending and with update. They say not to worry that they will figure out.

    Dec08 approval note and email from my joint filing.

    Dec08 Received 10 yr GC from my joint file.

    Still my new I-751 waiver still pending.

    So, I was thinking to go for INFOPASS to know what's the deal of soo much confusion but then I re think and what happened if they take away my previous GC? So since my case is July...I decided to wait until June and see if I get something, if not I will go for INFOPASS. But now I am starting to read all these transfers...and again (same as TSC originally use to transfer ppl from TSC to CSC first and then to VSC), I am apparently out of those transfers! Don't know what it means...

    Hey,

    I filed in June 2008 and my case HAS NOT been transfered from Vermont to Cali as other cases file in June-July?

    I start to worry...Did they lose it?Is smth wrong with it? Should I write my senator or get a lawyer?

    I filed after a divorce, but my friend filed at the same time as me after divorce as well and her case was transfered February 8th...

    I do not know what to do...

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