3600rs

I had submitted by removal of conditions application in Feb (a day before my conditional GC expired) and my divorce wasn't final at that time. A few weeks ago I got my RFE and now I have my divorce decree in hand which is dated Jun 06, 2011. This was the day the judge signed it though the decision was made in Feb, which happened due to the error in the application earlier.

Now my attorney is advising me to file the I-751 all over again as earlier we have checked off that the marriage ended due to dissolution or nullity. Should I refile everything or is my immigration attorney just trying to make money off me?

Any advice from your end would be much appreciated. Thanks!!

Append the current application with your decree and whatever else is asked in the RFE. Also write a request to adjudicate your application as a good faith waiver. What your lawyer says is not wrong, its just different way of thinking. I have seen both ways successful.

Is there a form we should be filing to ask for a further extension while USCIS processes this? Or a better contact than USCIS customer service? Clearly our case has far exceeded normal processing times for some reason.

Since your file had been pulled for an RFE and followed by an interview, its very likely that its under processing with the local office. There is no form you need to fill at this stage, get an INFOPASS appointment for the ADIT stamp and your good. If you desire, you can apply for citizenship, which will remove your stuck 751 for final adjudication.

I am not going to pay for a lawyer. I realize the nature of this forum and I'm appreciative of the information I have received. It is a complicated situation and there can be a number of outcomes. But, if I didn't write here, I wouldn't have known to call the jail and ask about an immigration hold/detainer. The general information has been enough to help me prepare for the conversations I will need to have with my daughter. Thank you for the advisory - I will not take any one persons thoughts as law.

Your welcome! You can get free legal suggestions and advice from the pro-bono society of your specific county. Also contact the Catholic Charities, they have a deportation legal expert on board to answer your questions based on the outcome you want.

I am in the same situation. Being a man with a Vawa case puts you in a position of extreme reverse sexism. Legal aid services will not help, DHS looks at things differently. As with this gentlemen I was hit and abused physicall by a drunk wife. But that is not what I am worried about, she was able to (charles manson like) get her family, ex/current boyfriend, strangers that don't know me, to harass and threaten me. She even filed a false complaint with her home state court, with all lies designed to set me up. It was realized and dismissed, but its not shy of being a target of TERRORISM.

I was isolated by her in our home while she was out of state, THIS IS HOW WOMEN ABUSE MEN! but it is apparently "not a big deal" in the practical world (of the women).

What do men do when noone will help us? also I have a child, I raise alone (not from this marriage). What do we (men) do?

To both of youll vawamale and mua..an excellent VAWA lawyer with stellar record. Heather Poole http://www.humanrightsattorney.com/

By reading your situation and what you desire; I honestly feel that the questions posted by you are beyond the scope of this forum. He needs a lawyer with immigration and criminal expertise. General knowledge is dangerous, you need specific professional advice. From the top of my head, he would first have to fight and clear all the criminal accusations in court; and having a clean slate he should then fight his case with immigration court.

I have notices that in this forum also, not that many people state they got denied, but I think read a statistic some where about 30% got dined because that's % of fraud statistically. That's a considerable amount, plus I know people in Florida that all have gotten denied and gone back to court and won( that's like 10 people that I know in Florida - that's a lot ). but don't know why it appearance as no one gets denied here. Maybe the % of English speaking immigrants are more lawful ( like the ones in this forum ) that the one that don't speak it and only speak Spanish and cant write here. Well statistics its not and easy subject, their could be a variety of reason as to why there are few people here that get denied but I think the average is much higher.

First, there is no conclusive evidence that Hispanic are unlawful and non Hispanic (English, as you say) are lawful. An unlawful person or a fraud can come from an country and any race. Also there is no evidence that USCIS denies Hispanics more often and approves English speakers.

I have come across a few denials over the years, none of them based on fraud, all of them based on weak evidence and a criminal record. And interestingly, the ones with the criminal record were removed. And removed because they did not have money for a lawyer.

I apologize to our poster having gone of on a different subject. In conclusion, his spouse has more chances to get her green card than be removed. A lawyer will make her life even more easy.

I agree that if she insists she could get here ROC but after a possible denial of the USCIS. But the point that I wanted to make here is that she could get dined here ROC by the USCIS initially . So if she wants to get here GC approve she probably will have to go to cobe done urt and fight the USCIS, but yes, you are right, she probably will get it approve at the end, and she has the upper hand here, but probably she will have to go to court and that's expressive, its going to become much more of problem her, that's the point that I wanted to make.

How many waivers get denied? Take a look at this forum as an example - Few to none. Those that have been denied are because of complete lack of evidence and not fraud. USCIS and the courts very well know that an EX spouse complaint is not a true indicator of fraud, I may cast a doubt, she may get a tough interview, but she not going to court. Her ROC or VAWA or whatever will be approved at the interview, that's taking it to the extreme.

If USCIS took these complaints and childish whining crying FRAUD seriously for every 751, we would half of the 751 waivers denied. Get your facts together and read more.

So what do we have, He married this girl, submitted all the paperwork and then decided he made a mistake, so now he wants to dump her out of the country, Fraud wasnt an issue until a board member mentioned it, no mention of why it was deemed a mistake, no mention of who walked out on who? another part of a one sided story.

Get your divorce, live and learn, be happy.

Exactly! The moment you have been abandoned by your spouse, you smear the beautiful picture of your beautiful relationship with fraud. Not taking sides here since we dont know the other part of the story. This is not the first time the USC alleges fraud, USCIS gets fraud accusations all the time from angry spouses, even after all that we have 751 waivers approved in 2 months and rarely a waiver gets denied.

Stop this drama and move on.

You forgot one more possibility (remember she not an honest person) she could have very easily falsified his signature in the joint I-751 form and sent this form as Joint.

Its just your speculation, she could have possibly used an abuse waiver. She does not need his signature.

I think you are mistaking about this.

You have not got your facts straight, read below carefully.

The USCIS has the power to decline anyone without even having evidences of fraud (I have seen it happen); only base on suspicion fraud.

Yes I agree, denials can come anytime with the suspicion of fraud. But to remove her because of fraud in courts require convincing evidence. And all she needs is to show that she married him in good faith at the time of marriage. What happened after that is not relevant. To convict someone with fraud is a life time ban, its serious and needs a high degree of evidence. Not like the suspicions you mention.

You can get them to court after, but it becomes very problematic for the person that was denied. It’s not as simple as that.

In court its a display of documents in front of the judge. Without no proof of fraud and a little proof of good faith evidence she will stay.

Sorry, I made a mistake in my original post. Here is the timeline of events.

October 2009 - Married

March 2010 - Interviewed

March 2010 - Separated

May 2010 - I leave the country for new job.

December 2010 - She notified me that she is going back to her home country for Christmas/New Years, so I'm assuming she has her Visa at this point.

Present day - She mentioned she filed her papers the beginning of the month (not sure to who), and can only file for divorce AFTER she receives an answer (not sure from who).

What are the steps that I can take at this point?

Secondly, yes - the marriage was based on fraudulent account. Does this mean that I as well could face severe consequences?

Forget everything and move on. Your information based on no fraudulent evidence will show the USCIS nothing but your own bitterness after the breakup. She is here to stay forever if she has the conditional green card already and there is nothing you can do to prevent that. Its the job of the Attorney General to remove her and not yours. Clear your head, sort things out, keep yourself financially safe and work on a hassle free quick divorce.

You need very high standard of fraud evidence to remove her and she needs reasonable evidence of living with you to stay.

I cannot figure out why she did not stay for the 6 months maximum get the card then leave, something just does not seem quite right. but i agree, she could cause a lot of noise if she wanted to.

That equates to a real problem in the marriage and not fraud. A fraud would wait for the 6 month period. We hear only one side of the story. The poster and this friend should move on instead of dwelling more about what would happen to her. She left because of an uncomfortable marriage, she is now on her own and in no way dependent on the USC. Its her and the government now. Only foreign spouse is subject to crazy doubts like fraud and using public assistance. If he married a USC then there is no fraud, no issue about being used and no issue about using public assistance.

Lord have mercy!

My friends wife just walked out on him, it was a huge shock for everyone as they seemed like a perfect couple.

They just did the 1-175 after their 2 year mark (from a k-1).

I'm wondering what her status will be, should he report it?

I told him she is probably far enough along to not be deported.

What say you?

She will not be deported just for walking away from the relationship. She has a conditional green card already. She is free to walk away, divorce and file for a waiver or any other immigration benefit available to her. Remember people don't get deported, they just end up spending more money ( lawyers ) to stay. BTW on the contrary she can make life miserable for him if she intends to. The horror stories are posted on this forum.

It seems that you file for VAWA after you were place on removal proceeding, I would recommend a lawyer in your case. Also why did you file VAWA for after your wife decide not to support you anymore, this is not abuse.

This is why USCIS is giving you a hard time cause you file VAWA after removal proceeding had begun.

I completely agree to you Katie. This is a perfect example where half knowledge can prove dangerous, it happens when a lay person handles a complicated case without a lawyer only to shoot themselves in the foot. Many a times simple cases become complex because of half knowledge. At the end simple turned complex cases are expensive to repair.

Relax....No big deal. They received some info or maybe when they recieved and review your A-file there were some information contrary to what they have right now. So in that case the adjudicating officer on your case has to forward your case to the supervisor for review and decision. What you can do is to ask your lawyer or the senator to write letter to VSC to make decision on the evidence on file. Request for supervisor review so you can move on. I know for sure that something is on your file that trigger immediate decision. Your case definitely need supervisor's review for final decision. Relax gave them 60days then write them and request Supervisor's Review on your case and it might help you to know what really happened with your case. Goodluck!

Great reply..your 100 percent right on target.

Gulliver: great link thanks. Take guidance of a legal immigration expert. Good Luck.

Darnell: Will put this topic to rest. Thanks for the information.

I think many of your points are wrong, based on WHERE the LPR person is currently residing. Sure, if in USA, I agree with you. Since LPR is in China ? Sorry, not agree with you at all. is different 'point-of-view', based solely on 'physical presence' of the LPR.

any entry in the 'puter at CBP? She won't be allowed into the country. If you have other data, please review it, let us know what you found?

You are free to disagree with my opinion. Whether she will be allowed or not solely on the fact of divorce is a matter of debate. I have well reviewed data on my research, I will let you investigate more for your own good.

In a recent memorable experience a person was allowed in with smile by the CBP after divorce, her Notice of Hearing in her mail, her Green card terminated when she was abroad, she went on getting the 10 year card after filing the waiver. Judge terminated proceedings, ICE counsel never said a word. I will leave it at that.

Do not be sorry for anything, this is a free forum, you entitled you an opinion which you have expressed.

Well, we will follow this thread and see what happens. I agree to you in many ways Jim. Thanks for ur response.

That's wrong.

Once a GC holder is in the US, it will indeed take the action of an immigration judge to terminate the permanent resident's status as an LPR upon USCIS's request.

Disagree! No, once in the US it is the ICE who will accuse the LPR of wrong doing, the IJ will give the LPR a chance. A fair chance. THERE IS NOTHING LIKE A USCIS REQUEST. Very often the judge will overturn the actions of the USCIS.

For that very reason CBP will not allow a GC holder to enter US soil, if they have grounds to conclude that she already abandoned her residency.

Wrong Again, This is not a abandoning residency issue, do not mix issues. This is if a valid conditional green card holder can get entry after a divorce.

One twist of this and a form of mercy is to have the LPR sign a statement to this effect, basically surrendering her GC on her own, then let her enter as a tourist instead of sending her back right away.

There is no twist, and no mercy statement. No conditional green card holder will sign such statement.

Once back in, she is not an LPR anymore, thus no judge is needed.

She will get back again, she is and will be a PR until the IJ says shes not.

Well Bob, remember its the IJ who dictates NOT your CPB, NOT your USCIS, NOT any Tom, ####### or Harry from a local USCIS or ICE office.

Im just wondering are you sent back to your country if you and the Sponsor part ways/ divorce after you get the green card.. What happens to you the Green Card Holder? Need some info on this

In a very broad sense the green card holder can get deported or get full residency status. Deported if the USCIS has evidence of fraud, full residency status if your marriage was not sham.

Good faith or fraud they need documents to prove both.

Don't know why I was searched went through the initial passport check and on leaving was asked to go through a secondary inspection they were very through.And nobody was ever nice enough to tell me why. So any way my ex comes over and they don't let her in what happens should they not let her in to file a I-751 and stop any further action till thats processed. Will she be able to come in and at least get a chance for a hearing?

Secondary inspections are conducted for a wide variety of reasons.

Bear in mind: Your EX has the CONDITIONAL CARD.. period! ONLY AN IJ CAN GET HER DEPORTED. She will have her chance for a hearing (worse case). I have yet to see a conditional green card divorcée turned back by the CBP just because of divorce. Research and you will see that there were many conditional residents in the past who traveled after divorce and made it to the US. She can file her 751 on her own with reasonable proof and get approved.

Keep us informed.

As I mentioned before I filed my I -751 in august 2008 and my extension will expire on august 2009. I already scheduled an infopass appoinment 2 weeks ago and they advised me to retorn the next day after my expiration because they will not able to do nothing before my expiration. Does sombody was in the same situation as me??? Any feedback will be appreciate!!!!!!!!!!!! How do I contact the Senator or Representative?

As I mentioned before I filed my I -751 in august 2008 and my extension will expire on august 2009. I already scheduled an infopass appoinment 2 weeks ago and they advised me to retorn the next day after my expiration because they will not able to do nothing before my expiration. Does sombody was in the same situation as me??? Any feedback will be appreciate!!!!!!!!!!!! How do I contact the Senator or Representative?

Andrada the posts in this thread are all informative. But I think there appears to be a conflict between your approved vawa and the pending i751 waiver. This conflict has kept things pending. vawa and waivers are handled by sep. departments. Many times denials and delays come because of departmental confusion. Your good faith waiver needs 5 years of residence for N400. You are at a risk of getting your n400 denied by an officer who will go with the 5 year rule looking at your pending waiver.

Questions:

Why not pull put or cancel the waiver? you have an approved vawa no?

Sorry if I have missed this one, but was your 751 waiver based on abuse?

Mr2100: your case was different, no 2 cases are the same.

I applied I 360 to my own, without a lawyer. My next court date is June 17th, 2010 . I am new to this board and hoping that someone who went thru the process, will help me with his vital experience.

With history like yours, you will end up spending more because of denials filing on your own. Your not in the straight forward category anymore, take legal expert advice.

<!--quoteo(post=2598521:date=Jan 28 2009, 08:55 AM:name=milimelo)--><div class='quotetop'>QUOTE (milimelo @ Jan 28 2009, 08:55 AM) <a href="index.php?act=findpost&pid=2598521"><{POST_SNAPBACK}></a></div><div class='quotemain'><!--quotec-->I disagree. This could possibly get him in trouble when naturalization time comes. Infopass and see what they tell you and if possible get it in writing nnd then consider congressman's assistance. You did the right thing filing for I-751 you just need to straighten things out either way - either just keeping your 10-year card or having to resubmit your I-751 - did they return your money?<!--QuoteEnd--></div><!--QuoteEEnd-->

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The Rejection Notice clearly states - You do not have conditional resident status. Therefore, there is no need to file an I-751

All they need to do is file for Citizenship when eligible. Congressman's assistance, infopass, get it in writing is all making it complicated for yourrself.

The Rejection Notice is the written proof and so is the GC. What are you worried about? I guess the USCIS has made all of us so paranoid that simple things don't seem true <img src="style_emoticons/<#EMO_DIR#>/biggrin.gif" style="vertical-align:middle" emoid="" border="0" alt="biggrin.gif" /><!--colorc--></span><!--/colorc-->

correct, right now.

So after 4 years of marriage, having 2year old twins, you suddenly accuse of abuse, instability and sham marriage. Interestingly, all these accusations as soon as he arrives.

take pleasure in proving otherwise, indulge me.