3600rs

i have 2 other problems

1--- there is no change in my online status at all since i filed my I 751 waiver. its the same message 'Case received n Pending'

2--- i filed my waiver through a lawyer n i think that was the biggest mistake i made. he is an indian lawyer who is interested only in collecting money. he has no interest at all if i stay here r not. he asked me 2 pay him $3250.00 for my waiver. i already paid him $2000.00. but beleive me he proved 2 b only a very expensive mailman 4 me nothin else. he mailed my petition n receiving my notices from immigration. i want this tension 2 b over soon n he talks about taking my case 2 the immigration court coz then he 'll charge me more money. thats y i sent my RFE myself without him. i don't no how 2 get rid of him. pls advice me on this issue as well.

thanks to u all

Let me address your problems the best way I can.

Its normal for any pending application to show "case received and pending" No need to worry.

Yes, your paying him not for filling the forms, but for the years of experience about how to present the case in the best possible manner in front of the CIS, and his experience at the local CIS office. And lawyers can be expensive. My AOS lawyer was so friendly with my IOs in my local office, that I was already feeling like I am approved before entering the interview room.

There is nothing to say that an Indian lawyer is a bad lawyer. Actually he knows better about how to handle South Asian cases and understand better the local marriage customs and the circumstances surrounding the marriage.

He cant take your case to immigration court, its the CIS who takes people to immigration court after a denial. The lawyer will defend you in immigration court if you hire his services.

As per your lawyer contract you can fire him anytime by breaking it, you may lose the money, but then your free to hire someone else. I think the best for you is to wait till your case is finalized.

I just got my approval notice. I guess my RFE evidence was sufficient. No interview. SOOOOOO Happy this journey is finally over!

congrats.

you alcoholic !! Baileys coffee at work, cant imagine whats in store after work. LOL

Something that may help www.alcoholicsanonymous.com

Can you give us some dates, to try to figure out something...

1. For how long you were married after your conditional GC was given?

2. When was the divorce final?

3. You were coming from a trip...for how long you were out of the US?

4. Who file for divorce, you, your wife or you both agreed?

If you are already divorced, had you file for your removal of conditions?

Does your GC was still valid, until when?

Do you have enough evidence of your bona fide marriage?

we got married in march 2007

GC came in mail june

Divorce final november2007

i went on christian mission with missionaries and we stayed for two months.

my X filed for divorced and i signed it .

my question is can i still aply for I 751? while i m doing this Deffered inspection appearence or do i have to wait for thisinspection to be done?

2 question : when i go to appear for deffered inspection ,can they lawfully deport me at the spot ? or give me a note to leave country or what ? i dont know .

Sorry this happened to you. This is a perfect example of a revengeful angry spouse, as someone said BLACK SPIDER before.

My 2 cents:

- Keep yourself safe and far away from your angry EX.

- Your time line and dates above will raise red flags so gather lots and lots of evidence to prove good faith marriage.

- Get yourself a AILIA lawyer who has done fraud and complicated waivers, these are expensive fellows but know their job.

- I think its better to file for a good faith waiver or an abuse waiver depending on the circumstances in your marriage ASAP if you have a decree.

- Getting the waiver filed will give you lawful status for one year. You can work, not sure if you can travel, its may cause trouble at the border for you.

- To cancel your green card or deny the waiver CIS must have something very convincing. If your file comes front of the IJ you will need to refute those evil ex spouse claims with counter evidence of good faith/ abuse.

- if you have something in writing from the CIS about your EX's complain, you can go ahead and slap a defamation suit on her thru the local court. That will help you in later stages front og the IJ.

I really dont know if CIS take angry complaints of EX spouses seriously or not. Because CIS get these angry rants all the time when things go sour. Does that mean all alien spouses are frauds after a divorce. NO! there has to be strong supporting evidence to the angry claim.

And kushi you need to provide us with more information in order to get more from this board. Good luck.

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.

Statistics is paramount to know tendencies. Yes you could have an interview for a joint or for a waiver. It could depend on the IO, it could be the case. It could be any possibility. But is better to be prepared with extra evidence if your called for an interview. Always be prepared for the worse and get ahead of the curve.

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.

yeah funny but I am glad you gave me a geography lesson. I didn't mean to cause panic and instill fear, or even misinform. I just wanted waiver applicants to be aware and ready if they are called for an interview. Its better to be prepared than unprepared. 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.

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

I agree

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?

Good advice cheer...joint tax returns and an explanation letter is good evidence.

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

RFE's are no mistery . It happens when people forget to give relevant documents OR sometimes they are asked for the exact same documents already filed.

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

I would say keep your eyes open for the mail man, and go for frequent and aggressive infopass appointments.

Good luck!

I sent out my I-751 in October of 08, and got an RFE 3 weeks later I iled with a waiver, I was married for exactly 1 year, sent all the necessary evidence and never heard anything again from them, until February 2nd, when I was approved for my 10 year green card, without interview, got my Green card 5 days after the letter of approval, so it took me roughly 3 months from submitting the I 751 to physical greecard.

And by the way I am purely african, was married to a SOB usc, all is good now.

Rfe's depends on how your marraige ended, you have to send everything you sent from your first I 485 application up to when you got divorced,which ends with your divorce decree.

It varies for individuals, and hope that whoever your file lands in His/Her laps will be in a great mood when they handle your file.

You can check up here on the forum, most people who filed on waiver( divorce ) grounds were not called for interviews, it feels good seeing loads of people getting approved without interviews, hope you are nexxt, just pray,pray,pray, i understand how stressful it is,for me, I still cannot believe its all over ,all the sleepless nights.

Goodluck in your case

congrats mamatom.

CSC processes applications at great speed compared to other centers. There have been waivers processed in one month without REF and interviews. Now its all cases by case basis. Just curious mamatom, when you said SOB USC, did you file with evidence that he abused you? I have noticed that many abuse waivers are approved faster than good faith. And especially when there are children involved the case is approved faster.

From what i've seen. Most l people removing conditions who are divorced get the interview. Ones widowed don't.

751 interviews are mostly for waiver applicants rather than for those who filed jointly.

If the service center director is not satisfied with the evidence, the file is transferred to the local office for an interview. Then its completely in the hands the IO at the local office.

Hi guys i was wondering how long it take to hear an answer after you send the RFE?

It could be a few weeks it could be a year.

is the waivers sometime get approved without interview ?

Yes and No.

cuz i had sent a lot of evidence what we had shared together!! i'm just curious thanks.

majority of the time people filing for I751 ROC divorced will get interviews. so it is wise to be prepared and rack up extra evidence. What did the RFE ask for?

Its always better to rack lots of evidence for an interview if your called for one. Its very difficult to say if a waiver will be called for an interview. I have seen recently many nationals from south america, asia, africa have been called for the waiver interview.

Hello all,

My GC will expire in April. I got NOA and Biometric. I have read in a lot of places that, companies require stamp on passport and also some countries like Italy don't recognize NOA for international travel. Also i am in between jobs, so my new employer has request further proof of my work authorization/PR. So,

I got an Infopass appointment for next week to get my passport stamped. Here are few questions, that i have.

1- What documents do i have to take with me?

the stamp is also called ADIT. take your NOA, green card, and 2 passport size photos ( maybe asked for )

2- Does my wife has to be there with me (as she's out of town)? No, u can do infopass by yourself

3- How long does one has to wait before he/she can see an Immigration Officer. Let's say, if the appointment is at 9:00 AM and you are there by 8:30, how long will you have to

wait before you get called by the immigration officer.

it depends from office to office and the rush on that day. but after you enter the office the process is pretty fast.

4- What kind of questions does the Immigration Officer ask?

you will have to convince the officer on why u need a stamp when you already have an extension letter. People have reported they have not got the stamp because the had the letter. Now when the letter itself expires, the officer takes your expired green card to give you the stamp.

5- How long does the meeting last?

the officers are quick, it wont last more than 10 minutes. they are usually fast and precise. you will come to know in the first 5 minutes whats the officers stand about giving you the stamp.

6- Do Immigration Officers normally stamp the passport or not, what are my chances?

it all depends on the officer and the urgency of the stamp. if your letter extension expires they MUST give you a stamp, otherwise they are not required to give you the stamp. Some have got, some have not. you may have to do some talking to convince the officer that you cant get a job or travel to italy with only an NOA extension.

Please reply... and guide me. Any one with similar situation please share your experience.

Thanks

Went to my DO today for an Infopass to see if there's been any action since I mailed in my RFE 3 wks ago / Get a stamp in my passport.

The IO that served me took a while to realize that my case was a waiver case... Started asking me about what docs I'd mailed in... Asking why we never did marriage counseling... Told me that CSC did their quarterly audit on 2/22 to see where all cases are at... Then told me that my case may take 18-24mo (despite anyone on this forum knowing that some waivers are getting approved within 2mo at CSC)... I did get my PP stamped for 1yr, but don't know why the IO felt the need to ask all the questions that she did...

If there is any truth in the 18-24 months wait for you, I think you should get something final by July 2010. Thats 3 years since your green card was approved. (2 years conditional period + 1 year extension after your green card expires) I would be surprised if you don't hear even after July 2010 looking at your evidence.

Thanks for the replies... We did informal counselling with parents kind of mediating between us, but it just wasn't going to work out.... No point in my airing dirty laundry on here. It's the past

I should have been approved by now based on timelines I've seen, but I had an RFE... Just waiting for CSC to check the info I sent in and make a decision. Kinda stressful not knowing... My life feels like it's on hold.

Based on CSC, current approvals for waivers its a super fast 3 months. Its just vague as some wait 2 years and others get approved in 2 months. Its all case by case basis, the IO may approve you in 2 months or 24 months, nothing certain. Then again CIS keeps 751's as last priority. Thats what officers tell people at infopass appointments. But when cases are approved in 2 months the "last priority" norm in thrown out of the window. LOL CIS at its best.

sorry, my dates were a little mixed up.

Was in US on H1B since 03

Married in Mar 07

AOS to PR (2yr card) in July 07

Divorced early July 08.

No period of legal separation. Divorce was "irreconcilable differences".

I think you should be OK even though you didn't do counseling and length of marriage was short. Its better to be out of a bad relationship as soon as possible. Denials are very very rare, since the CIS will have to work hard to deny you. There has to be some blatant piece of evidence to deny and put you in front of the judge. And they don't want to look like fools front of the judge when you have all the evidence and they have nothing but a foolish officer.

Dont worry you'll be ok, it may take 24 months but the end will be fine.

Was in US on H1B since 03

Married in Mar 07

AOS to PR (2yr card) in July 08

Divorced early July 08.

I751 filed with waiver for bonafide marriage... included:

• Copy (front and back) of the conditional permanent resident card
• Copy of Divorce Decree
• Two sworn affidavits by U.S. citizen friends, attesting to our relationship and marriage.
• Copy of my State ID with my wife listed as my emergency contact.
• Copy of our 2007 joint US tax return transcript
• Copy of a letter from Bank as proof of our joint checking account.
• Copy of dental insurance card with both names.
• Print outs from my employer’s website showing two-person coverage for dental, medical, and vision.
• Print outs from my employer’s website showing wife as the beneficiary to my Life Insurance, 401k Retirement Fund, and Employee Stock.
• Copy of 1-year joint rental agreement for our apartment.
• Copy of a hospital admission letter. My wife was at the hospital with me and signed the form.
• Copy of emails between us trying to work out our marital problems.
• Receipts from jewelry store when we first purchased our wedding rings, and a later receipt where we traded my wife’s ring for something nicer.
• Print out of wifes flickr page with our wedding photos.
• Print out show info from a trip we made together.
• Photos of us together after we got married.
• We didn’t have good photos from our wedding day so we got a nicer dress and had professional photos taken in spring 2008.
• Copies of various cards sent to each other / cards sent from family to us (Birthday, Christmas, etc).

I got an RFE asking for any info on marriage counseling, any more joint financial info, and a statement about the relationship, wedding, etc.. and in bold "reasons for divorce"..

Replied to that with a statement saying that we didn't have any formal marriage counseling, no more financial info (but i resubmitted some of the same info as my initial application), and wrote a 2.5 statement about the relationship and divorce reasons.

That was about 1 month ago and I've not had any LUD's or approval or denial since then...

I know of one person with an almost identical case / timeline that was approved within 6 weeks MAX at the same service center (CSC)

When I went for INFOPASS after I filed my waiver case, the only thing they did was to take a copy of my divorce decree and I verified with them that they had my correct adress. She checked my passport to put me a new stamp but I already had one valid over 6 months. Nothing else was asked or said.

In general there is a huge gap of information between the district offices and the service centers. The important fact is that you got your stamp regardless.

For what I have seen here is that regardless that is a waiver or not, evidence is crucial.

Again I need the dates straight. VV imp.

Wedding date ?

AOS interview date?

conditional green card in hand date?

Was there separation before the divorce? If yes when?

When did you file for divorce?

when did you get your decree?

Any reasons for divorce on the decree? Or a no fault divorce?

Your proof looks good.

mzagorski,

When was your AOS approved? And when did you file for divorce? What evidences did you attach to your waiver?

Yeah, it wasn't the best experience... Felt like I was being interviewed... I was there for Infopass, not the interview, duh. Still no update since mailing in my RFE docs.

Went to my DO today for an Infopass to see if there's been any action since I mailed in my RFE 3 wks ago / Get a stamp in my passport.

The IO that served me took a while to realize that my case was a waiver case... Started asking me about what docs I'd mailed in... Asking why we never did marriage counseling... Told me that CSC did their quarterly audit on 2/22 to see where all cases are at... Then told me that my case may take 18-24mo (despite anyone on this forum knowing that some waivers are getting approved within 2mo at CSC)... I did get my PP stamped for 1yr, but don't know why the IO felt the need to ask all the questions that she did...

I have watched many waivers taking anywhere from 2 months to 24 months. Its interesting because the IO confirmed that an waiver application could take even 2 years. Do not follow the published time lines for I 751 waivers on the CIS site. Its mostly on a case to case basis. Also most waivers pending more than a year get pulled for an RFE or interview.

My divorce will be finalize tomorrow and I'm going to file for I-751 waiver for good faith marriage. My question is should I use my last name when I was single to my application or still use my ex-husband's last name? And if I'll use my last name when I was single should I also change my passport since the name that I used was also my married name? Another questions is my ex and I have been married for 8 years and mostly documents that I have are 2006 (bills, bank statement, cable, phone) I have some bills from 2001, 2002, 2004 but I think I only have one or two bills from that year, is this gonna be enough documents? I will also send our IRS transcript from 2005, 2006 and 2007.

My documents that I'm going to send are:

Copies of our marriage certificate

Copies of bank statement

Copies of cable bill

Copies of Electric bill

Copies of Phone bill

Copy of car tittle

Copies of health insurance

Copies of letters and cards from friends that addressed to both of us

Our Wedding Pictures and some of our pictures together

3 years IRS transcript

Copy of our apartment lease aggreement

Are this gonna be enough document for my I-751 waiver application?

Thank you!

I don't think your documents are less.

Hi All,

It is looking like it will be necessary for me to hire an attorney to handle a I-751 problem -

Does anybody know of a good immigration attorney in Virginia ? - preferably in the Richmond area?

Thanks,

Paul

If you feel that your 751 has a problem you MUST go for a lawyer. AILIA.org is a good way to start. And better if someone recommended you to an AILIA lawyer. Just like the poster birdlover. Maybe expensive but will give you peace of mind.

Well. After 12 months and one week after contacting my house representative. I get a letter, not rfe not an aproval. But biometrics. They want me to go and do my fingerprints again.

Does that mean I will be aproved after the fingerprints? So confusing. The office of my rep said my file was in someones desk a week ago.

My file was received by VSC on march 14 2008

The CIS has been acting very strange when it comes to processing times. These days I have seen waivers processed in 2 months LOL. And some people are waiting 18 months to 2 years. There is really no set standard. And yes, its confusing. Doing biometrics again means that the old ones expired. Its could be an indicator of an approval, it could be an indicator of a delay. No one knows.

Good thing is that now your biometrics will be valid, the officer may approve you, rfe you, or may call you for an interview which is rare. But at least you'll get answers.

Hi All,

It is looking like it will be necessary for me to hire an attorney to handle a I-751 problem -

Does anybody know of a good immigration attorney in Virginia ? - preferably in the Richmond area?

Thanks,

Paul

I751 when filed joint are very straight forward. If your filing for a waiver I would suggest use a lawyer. www.ailia.org

Hi,

In May 2008 I got divorced with my ex. So I filed to remove conditions based on Bona fide marriage in July 2008.

I got divorced because in February 2008 my ex had an affair and cheated. My ex filed for divorce, because I've heard if I filed it would be much more difficult to remove conditions....So he filed and we got divorced very quickly after a year of marriage.

As support documents for my petition to remove conditions I attached about 2 pounds of documents: bank accounts, contracts for buying a house and a condo, lease for apartment, tickets from trips abroad together, contracts with vendors for our 2 weddings (yes, we had 2 of them!), health insurance, car insurance, pictures from both weddings, some other documents I cannot think of right now...But it was 2 pounds total - so I collected pretty good evidences...As well as letters from our friends who wrote what a loving couple we were until my ex messed up and what he did...

So my petition went to Vermont. Got my fingerprints and nobody "touched" it since then...As well as my case hasn't been forwarded to Cali...

My question is: Does that mean that I will have an interview since they did not forward my case to Cali? Should I start looking for an immigration lawyer?

Sorry Corolla this happened to you. I think you will be clear with the above evidence. Do hire an immigration certified lawyer for the interview, if your called for one --- the worst case scenario. Your petition has gone to Vermont since its a service center. Most cases get approved from service centers, if not, they come back to your local field office for an interview. --- very rare. Its hard to predict how long long a waiver may take to get processed. Its could be as fast as 2 months or slow as 2 years.

HI I FILED MY I 751 03/13/08 I GOT TOUCH LAST WEEK TWICE 02/19/09 AND 02/22/09 BUT MY CASE STILL SHOW PENDING I DID NOT RECEIVE ANY APPROVAL OR RFE I WILL CONTACT MY CONGRESMAN I DON T KNOW HOW THANK U FOR YOUR RESPONSE

hi sale 751.

was your application joint or you filed for a waiver? a waiver sometimes need more than a year for processing. Although there are waivers which are processed within 3 months from CSC.

the wait time for a waiver can vary. It could be 3 months to more than a year in some cases. I have send you a private message. Hope that helps.

Hi ,there is no specified time to file, if u read some post, as soon as you are divorced you become illegal in the eyes of immigration,your status was based on that marraige as soon as your divorce is final, file immeadiately.

This isn't correct. The OP is an LPR, whether there are conditions or not, he is not illegal upon divorce. If the deadline to remove conditions passes then he could fall out of status, unless he can demonstrate that failing to petition to remove conditions was through no fault of his own.

Trust me, when I was preparing my divorce papers I met with 2 Immigration officers whom I know personally and they told me this, Once you are the C resident, once your divorce is final, you automatically loose your right as a resident,based on the fact that the marraige / Status was based on the Con residency through marraige this is why you can file at anytime after your divorce, trust me, you go out of status once you get divorced, even though your card is still valid. this is the way they see it,if not we will all wait until 90 days before.

I work closely with DHS guys and I can assure you this is the case, try google and see what is says about it.

I am curious to know what do you mean by out of status or even illegal by your terms?? Does that mean the OP cannot work, travel or have drivers license after the divorce?

If that was the case no one would divorce the USC before getting the 10 year green card.

I agree with mermaid.

Read the instructions for the I-751.

Late filing! You can file with a letter of explanation.

Yes, will do that. Only option really. I have some evidence of the financal situation not being too healthy. I can't believe we didnt get any notification though, we would have acted a lot sooner. I know I should be on top of these things but I've had so much going on lately.

USCIS only recently started notifying people to do their ROC. They weren't doing so ever before, august included. I filed in december and havent gotten any notification either. This is a very serious situation, however since you have a child I would think it's unlikely they would deport you, but take care of it asap.

yes there have been a few cases where the CIS have notified people about their ROC. But the system is still vague at the moment since not all have been notified. Its a recent development and will take time to mature.

Well, today, the wife and I are gettig everything ready to file our taxes tomorrow, and I decide to grab my GC to take with me (I normally keep it in the safe). Well, to my suprise, it expired in August . The only excuse I have for this is we had a baby last year and have been so occupied with him, we also had to move into a new place as the landlady sold the house from under us too, so 2008 was VERY hectic. Also my father had lung cancer and is only just recovering after 2 serious surgeries. I couldn't afford to fly back and see him so that was on my mind too.

I want to obviously get this cleared up, but have a few problems. First off, financially - right now, we can't do it. The economy is so bad that now my hours have been cut to 3 1/2 days a week. The only job my wife could find was a part time job at 2 days a week. We are living paycheck to paycheck and don't just have to $500 laying around.

Also I am worried that because it's been so long, they may frown upon this application and maybe take action against me - and I obviously do not want to leave my wife and child!

Has anyone else had this happen? And is there some kind of payment plan that we can set up fo the fee's?

Thanks in advance.

Kelvin there is no need to worry. All is not lost. Since you have been late make sure there is no important correspondence from the CIS at your old address. I would submit a change of address right away. About the late filing; you have to do it as soon as possible. An explanation is a must along with some supporting evidence. Going to a lawyer would be the best, but I don't think the lawyer will do anything more than modifying your explanation to something that the CIS likes to read. I have read that CIS does waiver fees in some cases. More like on a case by case basis depending on the situation. Link below:

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Hope this helps