cherr1980

You need a GOOD family law lawyer and a GOOD immigration lawyer. TWO different, so will be two different expenses.

Right now I can tell you, that depending on your state...is better to start with the Family Law lawyer since you will need to fix that first to move over the other one.

Since you have kids, things can get messy and will required time. If you have limited access to money and you can proof that, you can try to get legal aid to help you in both fronts.

I think it is unnecessary to get both a family law and an immigration attorney. Doing things that way is usually frought with all kinds of problems - expensive, lack of coordination, one interfering with or delaying the actions of the other - just to name a few. There are very MANY immigration lawyers who also specialize in family and divorce law. IMHO, it will be better and more cost-effective to procure the services of one of those.

Not all immigration lawyers are good family law lawyers...I would not trust an OB/GYN that is an orthodontist. There are, that's for sure, but VERY difficult to find. Normally they both can work together. Unless he filed under WAVA, then the family law is first than the immigration part...since anyway you must be divorce. The law is pretty clear, you can't file if you are separated or in divorce proceedings. Check the last memo about that, that was in 2003 or 05 if I am not wrong. It was a bad memo...but not too much about that.

Marriage/divorce and anullments has nothing to do with federal law (immigration) is govern by state law and your family law should cover your county of residence. And with kids, as i said before, can be way more messy.

He needs to verify his options with an immigration lawyer, but for his own security I would care to be away of that person as soon as possible, but that's just me. I know he has many other things to care about, like his kids.

Anyway I would suggest that if his time is near, which he hasn't established when he has to file for I-751. In another forum, a person in divorce proceedings decided to file anyway alone the I-751, received a RFE and by that time was divorced, so was able to give the divorce decree...now that's call buying time. But an immigration lawyer should advice him about his possible and best course of action.

You need a GOOD family law lawyer and a GOOD immigration lawyer. TWO different, so will be two different expenses.

Right now I can tell you, that depending on your state...is better to start with the Family Law lawyer since you will need to fix that first to move over the other one.

Since you have kids, things can get messy and will required time. If you have limited access to money and you can proof that, you can try to get legal aid to help you in both fronts.

You should definitely get a second opinion before you do this.

-Thanks. But what you mean with it. Second opinion on what?

Hi I received this email from USCIS. I have already received notice that my application has be transfered to VSC from TSC more two months ago. I was wondering has anyone else had this experience and If someone could shed some light on this. Also it doesn't say where my application has been transfered to?

Application Type: CRI89, PETITION TO REMOVE CONDITIONS OF PERMANENT RESIDENT STATUS RECEIVED

Current Status: This case is now pending at the office to which it was transferred.

The CRI89 PETITION TO REMOVE CONDITIONS OF PERMANENT RESIDENT STATUS RECEIVED was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case.

Sounds like when is transfer to the local office...but your case is pretty new to be already worked out? wow.

In the other case could means only that is still pending at the same VSC. Have you called the customer supper dupper service line?

Okay, I always answer about divorce cases because I am in the same boat or kind of.

My divorce will be final in two weeks. I really was expecting it for August, but is going to be in two weeks. I am very excited that this chapter will be closed so soon.

We originally filed the I-751 together while we were in discussions about separation last year and that he considered that I should stay in a marriage just because I made a vow to be with him until death. He told me he won't give me ever the divorce even if I have to be deported. At the end he signed the papers because he said he did not want that USCIS think that he was a bad person.

Our marriage was totally legit. I have plenty of financial links, insurance home/cars/life, banks statements, 401K, health insurance, mortgage of the house, deed, credit card, family pictures, traveling a lot, etc.

Finally after over six months of fightning and leave him with the house and everything in it, I just left with my clothes and a computer, he signed the settlement agreement. Still he needs to refinance the house, the loan and the deed is in both names.

I already moved and I just filed my AR-11. I filed in TSC in 12/13/07 and it has been in VSC since Jan.

I am the one who filed for divorce because my living with him was not possible any longer, verbally he was a master, there was no way to have a fair discussion with him that ended me getting insulted as ignorant, irrational foreigner. I don't know how I last so long. We went to marriage counseling thanks that I pushed for it but did not work since he said that he does not believe in therapists and I was the problem not him. I tried last year to go again to another counselor and he said that "irrational and crazy people like me, should be treated it like he treats me because that is what people like me deserved". I always remembered those words.

I mean, there were bad things in both fronts. There always he said and she said...but really, this time, there was really nothing I could do, he won't change or realized that he needed to change. He was married before with another foreigner, same age as me and now I found out his previous divorce papers and the dates and things he said, did not match. He said that she cheated on him...and everybody believed him even there was no proof of what he was saying only that "a friend" told him that saw her with a guy. Now he said the same thing about me...so just make the math. And it was her who wanted to leave him. He stayed separated for two years just to make her life hell. And he is doing to mine too, he already told me he will break our agreement that is in court and nobody can't do anything to him because he is going to be deployed to Iraq, which I don't know if it's true.

I went to therapy for over six months. I am trying to go on with my life. But I am not sure what I have to do now.

I went to an immigration lawyer at the beginning and told me that I have to refile my paperwork after I get my divorce decree and include a letter explaining why I did divorce and practically put everything that it was in both names or after my divorce. I still have all the paperwork, I took all our financial papers with me. I am not sure if I should include a copy of my receipt numbers and all that of my last filing.

Please help. Any feedback is appreciated. Just want to be sure...that's what it needs to be done. I already preparing my package so I can include my divorce decree and send that file right away to VSC.

I think you are fine, at least have several financial stuff...and remember to put a cover letter explaining the cause of divorce. If you can get affidavit of friends of yours that met him will be good.

If the Deed of the house in the Philipines is not in English remember to translated.

In the back of the cards remember to put ...who is who and where.

Didn't you file taxes as married in 2006 or you still weren't married or you did not have a SSN?

Well the WAVA requires more than she said/he said statements.

But well, yes you most file as soon as your divorce final your I-751.

Is there a way to get something that states that you lived in that same place even your name is not in there? Like the association management they should have you in their records, they can give you a letter stating that you lived there. Junk mail or whatever other mail that have your name or his with same address...

Good luck!!!

Let it be. If you are the only one who signed the form and after read your letter it is supposed that they noticed that it was a mistake that you did, if not...then in another couple of months you will received a RFE and only send it back again with the corrected letter marked.

Good luck.

Missing a biometrics appointment can and does cause USCIS to start deportation proceedings, or if alien is out of country, they can void the extension letter.

Agreed. To avoid bad consquences if you all changed your mind about divorcing or try it out...is better that s/he cut things here in the good manner. The application can get denied (most likely) if your spouse miss the biometric appt. After that then probably a RFE can be sent or just the notice about denied and that your spouse will be put in removal proceedings...but if your spouse is outside the country...and decided to go back...then it can be found inadmissible. So is better, that if your spouse wants to abandon the application, better s/he surrender the green card to the embassy in his/her country and send a letter to USCIS withdrawing the application and that s/he not longer wants to be a LPR.

if you need a visa to enter any europen countries, there is nothing to do with uscis.

uscis isn't the one issues you the visa you need.

Many consulates since you are asking the visa from here, required that you show proof of residency in the US, that is why the unexpired green card is needed. So in some way yes, in the other way is a no because to Europe most of their entry rules are based in your nationality not in your residency, except Mexico and Canada that once you are a US resident holder then you are free to enter without a visa restriction.

If you are going to several countries in Europe, remember the rules with the Schengen countries. Asked the one where you going to enter if that so, if not then asked directly to each consulate and see what is their answer here in the US. Most probably would be good that you obtain the I-551 stamp in your passport to process a visa if its required.

Example, when I checked/and later asked for a visa to India both statements were that I need to show proof of US residency e.g. Green card along with my unexpired passport for visa processing.

Good luck.

Hi there,

I am just wondering if there is anyone else who has been stuck in CSC for longer than the current processing times. I have been waiting to get approved for over 10 months now. My NOA1 was 25 July 2007. Is there anyone else who has been in the same situation?

Stefanie

I have to agree that is really out of the radar because already they are approving Feb08 cases and I know a person from another forum that got transfered from Dec07 and was already approved like three weeks ago.

I will do an INFOPASS.

The cover letter is not even for that...you just give a mild introductory about you and your spouse, stating that you and your spouse are filing the I-751 jointly and blah blah and what you are showing as evidence, that's it...simple one page, nothing more.

At your I-485 interview that came an issue? it was brought up? if not then leave it as it is. If it was one of the question, then was one of the questions at your I-485. Here the one who start showing your story as evidence is you...so why tell something that is not actually an issue. If they assign your case for interview and that come up then you just explain it there. I mean, what you going to put in the cover letter about it..."even my husband and I have a large gap in age, we considered ourselves lucky to have each other...and blah blah"? Does not make sense. Your cover letter is really a cover for your evidence, your age age is not an evidence.

They can easily know what are your ages if they have your birth dates anyway.

Do not go over the manual as you were the adjudicator...is the same thing as a judge goes to court on juvenile cases. Even if the person was caught with the arm in his/her hands does not mean that automatically is considered the burglar.

An adjudicator use the manual as base but must use his/her own skills to look the ENTIRE picture.

Check the first line of what are you reading: the sponsor does not sign the form. If you notice is not a self explanatory phrase...involves many other things. Why a sponsor won't sign the form? Well ALL the waiver-divorce cases their sponsors should not sign the form because is a waiver case and you do everything by yourself, just for that it does not considered fraud, is actually part of the process.

And lastly the cover letter is optional, if you have enough evidence then you are good to go. Somebody can send an almost "perfect" package and could be more about organizational skills than social skills between the spouses and that does not mean is fraud either.

Good luck.

anyone can give me more advice? Thanks

Do you have car/renters/life insurance?

Your previous landlord should has record of your lease...make a photocopy of it.

Did you buy things together in which the invoice state both or at least one of your name and the address?

Good luck!

What is important is to show a timeline...like one statement from 2006 or two, another from 2007 and a recent one before your divorce. So you show that is not that in the last year you had then everything together.

I

Hello All,

We're getting back together! My wife is planning to return in the next month or 2. What's the likelihood she will have problems at immigration after being gone since November? Is there anything we can do now to help? Someone had mentioned an extended stay permit or something. Something like that probably should have been done before she left. I cannot remember the exact term. As of right now, were just going to give it a shot and see what kind of mood the guy is in when she arrives at immigration. Hopefully the fwaguy is on the money when he says she can come and go with her GC even if it is only a conditional GC.

Thanks for any suggestions

Im glad that things could be work out for you. Perseverance and Patience are gifts in a marriage and sometimes they are there, we just don't make the best use of it. Just remember to be patience and listen (not hear), listen a lot. The situation of both of you is really hard...and many of us have been there. Good luck!

Since she has been over six months or (more or less looking at your first post on Nov), they can questioned her why she was out so long. What she needs is to have enough evidence that she did not plan to abandon her permanent residency in the US. Are you still joint in the utility bills? Even simple emails from both of you will work. Or probably nobody ask her a thing, but who knows. These days they are asking everything! from how long you stay abroad, what you were doing (Which really there is nothing that states that you have to say WHAT you were doing abroad...) but anyway. To be prepare is the best. The re-entry permit is for stay outside the US for over a year if I am not wrong, so won't apply to her in this case I think.

I don't think that they can (or better say...deny in based of) deny a person due to studies abroad...duh! it is way cheaper to study abroad sometimes (and sorry there are lot of schools with better curriculums outside the US, that's not new), anyhow...if she was taking studies there she can show that. But remember if she still can show that she never abandon her address here...she should be fine.

There are many people that married and then return to their home country to finish their schools...just to transfer your credits, to get them approved, then get the financial help that you need, and all the test that you need to do, plus $$$$...sometimes is better viable to just return for a couple of months to your country and finish school.

Good luck.

Of course you should open it, is your mail and letter...is not like the medical which is different. You just put the notarized letter in your package (not the envelope).

Good luck!

Wow, she is really pissed at you..sounds to me that you got a big bone here to eat.

1. Get ALL the evidence now, looking at what you might face seems that you might be restricted for more information, so get the evidence NOW!, keep all the original and make two copies. Quick tip: GET ALL YOUR PAPERWORK including your passpot and DO NOT LIVE IT AT HOME. If you have a good personal friend of yours, then leave things there so you can get access to or get a safe box in a bank.

2. Sounds that she is the one who started everything against you, I ever seen that USCIS reminds you that your 2 year anniversary is approaching and they really don't have the budget to check without any leads a house just because of that unless somebody has giving them more information in which SHE will have to demostrate as well what she is complaining about and she will have to proof that she indeed was not force or received any monies to get you a visa. Not all the guns are aim at you, she is responsible as well...so typical...when things don't go that way...suddenly all the immigrants marry for the freakin' papers...give me a break. I have to say that the law should punish US citizens who just decide to make the hell bad use of the law...everybody should be accountable for. Get all your immigration papers with you. They are yours.

But anyway,

3. Don't ever ever offer information unless you are correctly represented. That's the beauty of the US Justice System, use it at your favor.

4. How long you think will get your divorce done? Sounds that she will contested it or she signed the papers? If she did not sign the papers...that can go up to 6 months or more, because she will have to go to court with you. If she signed the papers, how long take in your state? That period of time is REALLY important.

5. It is true you have time until your real time of filing before the expiration of your card, the reality is that since you are in divorce proceedings you are not longer in a marital union so then you need your divorce decree ASAP so you can file for the removal of the conditions with the waiver. You don't need to wait until the 90 days before the expiration date, file as soon as you have your divorce decree with all your evidence.

6. In the case that things get REALLY bad, at seems that they could be...one, ask her for the letter and make a copy of it. Get a lawyer, you might need it.

Now what can happen?

a. You can get into an investigation and they can check if you have bank accounts, asked your neighbors, etc etc PLUS all that should be with an affidavit that she signed that she is agreeing that for some method she found herself giving fraudely a visa to you...how? that will be your case against her. To demostrate the contrary. You need a lawyer for this. You need affidavits of friends...how is your relationship with her family? Does your co workers knew her?

b. You can get on deportation proceedings even if your divorce is not final because you are not longer in marital union with her...now this is the "kind of best scenario" because you will be put in front (or you ask for it) of an immigration judge and you make your case in front of him. You should ask for time to your divorce finalize so you can apply on your removal of conditions.

c. If you get on deportation on grounds of marriage fraud, that's a big one. You need extremely accurate expertise help.

In general, at the end, they are solutions but they will be long and will depend how much she convince the authorities that you indeed or not commited fraud to obtain your permanent residency.

They need to proof that indeed you did so, you get ALL the information that you can now, your lawyer will require that. Do not forget simple stuff, like neighbors, your landlord him/herself, even the guy in the grocery store that always say hi to you and asked for her...just ask if they say no, they don't want...you keep looking. Don't forget your TAXES!!! important that you have been filing as joint married...all those silly things...are important. Medical bills, etc.

Good luck!

Hey, sorry for your situation.

You don't need the I-360. What you need is file the I-751 (yes normally) same as if you will do it jointly but you mark on the BOX E :

" I am a conditional resident spouse who entered a marriage in good faith, and during the

marriage I was battered by or was the subject of extreme cruelty by my U.S. citizen or

permanent resident spouse or parent."

And the only person who sign that form will be you.

You filed the form with all the evidence that you have from your bona fide marriage not limited to bank accounts, joint tax returns, lease,loan, bills etc etc in both names or in name of one or the other but that STATES THE SAME ADDRESS!! Whatever you can get from your relationship. Pictures, did you have kids? if so, add the birth certificates...remember PHOTOCOPIES, no originals! you keep them that is your evidence.

Now, make a compilation of all your psychological evaluation and put a letter up front explaining why you are filing with the waiver of abuse spouse. Add your doctors, therapist and social workers, is IMPORTANT that they include their license number, organization they belonged to and their name and address. You will add that as part of your evidence to be filing with the waiver of filing jointly. The only thing that I am not sure is if you put originals from your doctor or copies of it...I think copies are fine since you need that information for you in the case you get call for an interview later on.

Since you are applying for the abuse waiver is my understanding that is the only case there is not a requirement to be divorce from your spouse.

If you need more info, there are information on shelters that can give you a legal aid counseling free of charge or with a small flat fee and that will help you to get through your immigration situation.

Good luck!

If the spouses just decided (mean still have the same marital home...just on the terms of well we going to separate further divorce) and they still are in good terms...you may apply as joint, but later on you must re-file (you pay the fee again) with the divorce waiver. Or you wait until get divorce (and then just one time fee)...which then you may won't comply with the time of filing since you may not have the decree on time. If the spouses are not in good terms...you must filed a divorce asap and check out how long it takes in your state (time and requirements are different by state), so you can get the divorce decree in hand on time. If not try to file jointly if still that can't happening...I read a case that the person anyway filed alone without the divorce decree and practically aka buy-out time until got the RFE and then sent the decree. But will all depends on how long it takes every step.

Why you have to return your old green card? The thing is that for travel you need to travel with your green card even is expired...that's my assumption. I have traveled a lot and they always ask for my expired green card...well they don't ask I had it inside my passport and even I have a stamp when I travel to Europe they always ask for the extension letter. When I enter the US the officer only use my green card.

To be divorce or not is not on the page since you have a I-751 pending regardless that is with a waiver is a valid I-751 pending, period.

I would touch base with your lawyer and good luck!

You need to straight up some issues:

1. Do you have a conditional green card? I assumed you do.

2. File first for your change of address..your current one.

3. You still are able to remove the conditions by yourself...but you must demostrate that you marry in good faith...this is the part that I don't understand how people let others do the entire paperwork...is YOUR paperwork not hers. So I don't know, you will have to go to talk to her and let her know that you need to get those papers, bills and all kind of things...if you need to call your bill companies you will have to do it and see if they can give previous statements or if you can get them online. Remember you need proof and evidence, and that is in papers not in words.

4. Get your previous tax returns or tax transcriptions.

5. Do you own property? house, condo, boat, car?

6. Remember that ALL that takes time, and your divorce EVEN if its straight forward will take at least 2 months in court.

7. Once your divorce is final and you get your divorce decree you don't have to wait to file 90 days before your expiration date of your conditional card, you can file (and should) at any time.

It does not matter who started the divorce...the important thing is that you are the one who must demostrate that you entered that marriage in good faith and not to skip the immigration laws, regarless how good resident you are.

Good luck!

My stamp states the same thing. It is normal since the I-551 stamp is for many reasons.

Our case is I-751 pending, the same stamp can be for I-485 waiting for the card in an emergency travel, can be for a person in 10yr green card with a previous expired card or can be a person who just arrived in the US and waiting for their physical card, etc. So the stamp has many uses so they should put a note about what is your case.

When I had my AOS interview I got a stamp and I remember the guy put something about I-485 something.

So your spouse is abusing you and you want to send her home? what her immigration status has to do with the abuse? actually what her immigration status has to do with your marriage? If she is the immigrant...then she depends on you not you on her...so in general speaking, if she is abusing you then report her to the civil authorities and end your marriage, which again, is a civil matter not federal.

Yes you signed the papers as well, but is the immigrant petition not yours...and you put your signature there which means that unless you can demostrate that you were under pressure by her when you did it, you still stated that you agreed with ALL was in that package. But now, after that, then things are bad and you get on the revenge mood. Because sorry that part of "send her home" is just revenge. Has nothing to do with your marriage. A person does not need to leave a country so you can get in a better emotional and health situation in life or end your marriage or end an abuse situation. Let's say that the same thing happened if your spouse were a US Citizen...where would you going to send her?

Look I know what you mean and your pain, but immigration has nothing to do with what you are going through right now. Why keep with it unless you find out that (for sure) not because you are MAD that she use you ALL these years for her immigration benefits? If not then leave her and get peace in you.

My 2 cents.

Going to marriage counseling...needs to be work out by both...is not only "go" to one. And not necessarily means that the results will be succesfull, there is actually a very bad rate that many times won't work out.

To be kick out of a house is not acceptable behavior, period. When people call each other names is verbal abuse regardless if it seems "normal argument" or just "couple fightning" or because "others" do it. If you are used to that...then wait until things escalate. If both of you "used" to treat themselves like that and nothing happened...there will be always a day that will be the trigger for the next step and ain't be pretty.

It would be wise to make a police report about the situation...and that he hold your immigration documents and passport against your will. For sure you actually could file even without being divorce...but you did not. You should go to see a therapist...probably same as your husband you need help each other before seeking help for both of you.

To just file under "cruelty" you need to be tested by a Psychiatrist (under the right associations, you can check out the law) and that s/he can testified (in paper) that is true that you have been subject to a cruelty behavior by your spouse. Is not just because this happened then you by yourself can call for it. What was the argument about that he escalate in such matter? You can verify with an immigration lawyer what you need if you want to go through that route. If you can't then if you decide to divorce, you must obtain the divorce decree first.

Remember, when people fight or go through divorce...is called a "nasty/mean/vindictive relationship" because is ending and normally from one side and one or both want to hurt each other like a cat fight.

To be called names, B or whatever should NEVER be accepted, same as you should not call him all the words of the abc book.

Good luck

You would like to go to britishexpats.com and check out several cases where people have been able to file with the divorce waiver. Is practically the same as if you file jointly only that you are divorced.

Prologue: GET NOW all the paperwork related to your marriage, marriage certificate, id cards, old copies of whatever of your i-485 interview that you used...wills, bills, assets paperwork, leases, mortgages, car payments, ALL THAT YOU CAN, NOW! That is your evidence, and you must gather it now before it "desappear" or something happen to it. Got it?

Step one: You MUST get your marriage decree unless you can proof that you are a bathered spouse. If not, then you need to be divorce FIRST. Legal separation is not even recognized in many states and USCIS does not recognized it, you must be divorce, period. Check with a family law attorney the lenght and what you need to do, to safe time and money make a list of your questions and doubts that you want to ask to the lawyer. Unfortunatly with his attitude and family you better be prepare to a long battle. Get a lawyer and try to get a strategy set up. But you need to get divorce...if you already made up your mind. Is NOT an easy step and you will have ups and downs, get a good friend around, sorry about your situation, is hard...the most important part is to stay FOCUS in what you want and your child.

Step two: Once you get the divorce, get all the bills, assets paperwork, everything, joint tax returns, pictures, if you have a good friend that know each other and wants to do an affidavit does not matter that includes that they know that you two are separated, important part is that you two married in good faith. If you have proof of his cheating, then get that too!!! If you remember where you went ot marriage counseling...get a letter from the counselor that states that you did go through marriage counseling to show that you did things to save your marriage.

Step three: Avoid confrontations with your spouse. Really. Is not healthy, does not matter who is right or wrong...is common the "you married for papers" attitude. Get focus in what you need and where you want to be. Don't get in arguments with his family you know that you did not marry him for the papers, so don't even give them more wood to put fire on. Got it?

Step four: Once you get your divorce decree in hand and all the evidence together INCLUDING YOUR CHILD BIRTH CERTIFICATE!!, then file your I-751, make a note very legal-explain oriented (if you pay for an immigration lawyer one hour you can go through that letter and they can help you to redacted it) why you are filing under the divorce waiver and what your file contains.

Paid your fees, signed and if your divorce decree talks about changed your name, if I am not wrong you can include your name change on the i-751 forms.

There are few to not say almost non existant family law PLUS immigration attorneys, so you should be looking fees for family law and for immigration. You anyway can file your I-751 by yourself if there are no major complications. Save money.

Something very important, and is not necessarily immigration related. If you are filing for divorce and he will contest and fight every single thing, be sure what is really more important, the house, the furniture? or your kid and freedom and be able to move on? Sometimes a material lose is an emotional and financial winning.

Good luck!!!

Correct.

For waiver issues:

1. if it's due to divorce the person can apply once the divorce decree is in hand, you don't have to wait for the 90 days prior to your expiration date.

2. in case of domestic violence the person does not need to be divorce and can apply at whatever moment.

Once you get your decree you can apply for the removal of conditions and attached all the relevant information and evidence.

For travel issues:

You must apply and get the extension letter NOA1 of your status before traveling and your expired green card. You should not have any problem. It is normal that you would be in a situation of need of traveling once your case is pending, is taking a lot of time, especially in VSC. Many of us traveled with our already expired green card/extension letter/ or stamp.

You will recevied a letter for biometrics -NOA2, same as the first round with the i-485.