3600rs

If I understand it right: If he lets me down at the interview, I get denied but have the possibility to file for a waiver?

I would not get deported, right?

If your marriage is sham you will be deported, if you fear deportation contact a lawyer, there are no solutions for deportation on this forum.

I don't have to worry bout him withdrawing anything. He has no idea how the whole process works. He just signs the papers and that's it. The reason why he would not show up for the interview is because he "doesn't feel like it" because he just doesn't care.

What he feels and cares is his choice not yours. He has gone thru the AOS already for you, the 751 process can be understood by a 5th grader.

My GC expires at the beginning of November.

Hurry, time is not your friend, get a divorce and file a waiver OR bite your nails till your approved.

An unstable husband can sway your application in any direction. He could withdraw the joint petition at any time in the process.

You can either work on your marriage or get a divorce as soon as possible. An unstable husband is a ticking time bomb!

We have joint lease, joint taxes, credit cards, pictures, joint bank accounts, utility bills, family plan for cell phones, renters insurance, disability insurance with me as beneficiary, vacation we took together, letters from friends and family stating that the marriage was entered in good faith.

We don't have joint health insurance and we don't own a car (not necessary where we live), and we don't have kids either.

Does that seem to be enough evidence?

Do you have any idea what would happen if the worst case scenario comes true and my husband decides to not go to the interview with me?

Good evidence.

orst case scenario: What are my options if my husband decides in the last minute to not participate?

His signature on the 751 is mandatory, or else your file will be denied

e.g. Once I get the interview letter how should I proceed if the day before or the day of my husband decides to not go to the interview with me?

Go to the interview alone, speak honestly to the officer, in most cases the file will be denied but they could give you an extension to append your application to a waiver.

Bottom line what happens if I show up to the interview alone and have to explain his absence?

Mostly denied, you will have to refile or append as a waiver. period.

I know I have the option to file on my own, but that requires finalizing a divorce. In that case I can't trust him either to sign the papers on time.

A crafty husband can be a pain, but your divorce lawyer will give you some crafty solutions. You need a divorce decree to the good faith waiver to be processed.

Ok thanks, I don't have a joint bank account but I do have other evidences of life insurance, health insurance. My bank account is in my name only

Your application will not be approved or denied for the sole reason of a Joint Account. People may or may not have a joint account. BTW joint account is not mandatory. The USCIS will look at the comprehensive picture of your relationship.

Thanks again for all the replies. I have just come back from the police station and the family law clerk where I filed a police report for the threats and the past abuse and I also filed for divorce. That was a harrowing experience as I felt the police officers did not believe me since I hadn't reported the abuse from before, even with all the emails, but I did it anyway just to have it on record. Tomorrow morning I will go to file the restraining order (I told the police officer it was urgent, but he said urgency applies only to those in the US) so I missed the time period to file the order. I am going to call ICE in a bit before I get to work.

Keep you family safe and have all the evidence of abuse.

I have gone thru this discussion over and I do not see any element of fraud here. He will be only removed from the US if he is guilty of Fraud and/or criminal activity. The government has to prove him guilty with high quality evidence in order to have him removed. If this doesn't happen he will be successful in removing conditions help with expert lawyers. There is no grey area here, its either you do everything to get him removed or he remains in the US forever.

You'll had a one year daughter together, you said he paid rent etc and your relationship was 6 years; he has ample of good faith evidence for a waiver. I hate to be devils advocate but if he keeps out of trouble he is here to stay.

Seems like he also has a steady job, money will bring him legal help that will fuel his success.

You can get a foreign spouse to the US but you can remove the foreign evils from them. Sadly his family is broken as Albanian machismo does not work here.

Not very sure about this one. Contact an immigration expert.

The denial of a 751 terminates your conditional residence and mostly produces an NTA to appear in court. You may still be in status because of the Motion filed, but its unknown what the CPB will do at the POE. The USCIS and the CBP act differently very often.

Yes its a lot. I am married and my file is lost in immigration. No one knows where my actual file is. I filed I 130 and 485 in 2000, My I 130 was approved but I didnot heard for 485. In year 2006 I was called by the USCIS and they told me that my I 130 was withdrawn. We filed another I 130 as well as we contest that My wife( now X) never withdrawon the petition. I was picked up by the Immigration and held. thats where she had relationship with another man. I was released and we went for interview, USCIS asked for medical and other paperwork we supplied all that and waited for answer but no reply. After a year and half I went to enquire about my AOS and officer told me that it was withdrawn, and I was put into removal proceedings. I file WAVA with all the evidence and got benifit approval. My divorce is pending. I am paying child support. IJ Knows that my file is lost and he is trying to construct my file.

In the mean time my benifit approval was expired so I renewed it very recently. I didnot concurrently file 485 so I don't know if I will get work permit or not.

I also have I 130 approved recently (USC brother and sister) EB4. But USC borther sister takes more then 10 years to get adjusted. I dont know if Previously approved Petition(1-130) will help me to file AOS early or not. I still have to find out answers for that too.

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.

Check your private messages.

I had a i-751 waiver interview and the Immigration Officer approved my i-751 at the interview but i haven't received my biometric letter. I suppose to receive biometric letter first before the i-751 approved. My i-751 waiver approved on Feb 4, 2010 at federal plaza, NY.and Immigration Officer stamped my passport IR-6 and Immigration officer took my fingerprint and 2 pictures and signature to create 10 years green card.I haven't received my permanent green card yet ,100 days passed. I just got a letter from 26 federal plaza G-56. they send me another appointment for next week at the same Federal Plaza and same officer, Please tell me that why they send me second appointment letter, i have been approved already and Officer stamped my passport already, please I need your help...

The appointment letter which is G-56 says that the reason for appointment for form I-751 and it says that bring with you passport and ID and green card which is I haven't received yet. i don't know what to do??? please help..

Timeline??

Howdy. Do you get more information when you infopass?

I called 1-800 number and spoke to an agent today. There was no waiting time and the agent was very helpful.

But then I realized that the agent have the same information I see on the online status.

If I make infopass appt, can I get more information regards to my application process?

Thanks in advance.

The matter of getting more or getting less at an infopass is subjective. There are 2 layers of information, one for the public and the other only for the USCIS. The former is given freely thru INFOPASS, toll free etc. The later is not available to the public, this includes information on why files are pending. So its usual to get nothing more than the standard 'your case is pending', they will not give you anything beyond that.

The toll free agent is a call center agent, the agent over him is a higher level supervisor and then comes the infopass officer. All these personnel have got nothing to do with your A file than provide you with status updates, its your specific IO who makes decisions on your file in his custody. In cases which are pending for a long time the infopass proves little more helpful as the file is usual transfered to the local office.

Thank you for reply, I really approciate it.

My AOS was denied by officer and he told me that MY Approved I 130 was withdrawn. I was put into removal proceedings and work Govt attorney to find my adminstrative file but next date he was unable to find it. So judge gave me another date and told me lets see what we can construct. I am in the middle of divorce. I don't know if 485 is still intact or I have to file again?

I 360 processing send me RFE for good moral And I completed that and I received benifit letter. I don't know what to expect next. Hopefully I will be able to Renew MY Driving License In NJ.

Why was your AOS denied by the officer? And how the approved I130 got withdrawn?? These are very important questions whose answers will likely affect the success of the vawa.....in order words, the government should not feel that the sudden attempt at vawa was because of the denied and revoked petitions.

Its best for you to tell us the complete story, we are not lawyers but can provide you with wide variety of experiences regarding the issues.

AOS denied, I130 revoked, removal proceedings, divorce and VAWA. Thats alot on your plate.

hi everyone!!!

i received a letter from the immigration saying that my I-751 to remove conditions on a waiver is denied cause it was filed while the divorce wasn t final yet and they termineted all my rights as a resident even though i have a child in this country !!

You may have good proof for the waiver ( like your child ), but a divorce decree is mandatory. You got a standard denial.

My divorce has been in court for almost a year and a half now but it s getting to an end,it took long cause my ex-wife made it as hard as she could by acusing me of abusing my 9 months old son sexualy(once she filed the divorce),i had to go through a sychiatric in order to proof my innocence,thing wich happend and the court gave me all my rights toward my son!!

Keep proof of your treatment, proof that the accusations of your wife have been thrown out by the judge...your wife doesn't look good at all. Her false accusations make your case stronger.

i went to a different immigration lawyer and she told me that the lawyer who filed my I-751 made a big mistake cause the law changed about a year ago and the new one requires that divorce be final before filing a waiver!!!she asked me for $3000 just to start the case and that s if get my divorce decree withing this month before they start my deportation process ,knowing that my financial situation is terrible cause the divorce and fighting in order to be able to be a father to my son took all my money and i m holding an hourly position job.

If your waiver is denied you have 30 days to file a new one, get a recognized lawyer from your area who has exp. in 751 waivers, this refiling may stop the removal. Its important you refile as soon as possible and then attach the divorce paper to the application. The lawyer has to work on buying you time and stopping a removal since you dont have a decree. With a decree you case has no problems at all.

I am in removal proceedings and My court date is in june. Anyone knows if the I360 will be transfered to court for adjucation or It will be still adjucated in Vermont service center?

Another question? can someone renew his driving license with benifit letters? Please help

Why did you go into removal proceeding in the first place? This usually doesn't happen, something was drastically not right. No, your 360 will not be transfered to the court, the USCIS has to adjudicate it first before it goes to the court. The judge will continue the proceedings till USCIS finalizes the vawa. Yes, with a pending vawa you can have work and driving benefits.

These cases can take years.

Yes, I think that is enough to successfully remove conditions. Since your divorce is final, you are supposed to file immediately. Depending on the expiration date of your Green Card, I would still wait until you enter the 90-day window. Just make sure you present your case as professionally as possible.

File for the waiver ASAP the moment you get your divorce decree, DO NOT wait for the 90 day window.

We also had new fight and he has total angry issues. He has threated me with "punch to the face" and "if i doesnt stop he will smack me and kill me". And i should better leave, until he does smthg and he will lost everything (he is military).

PSTD coupled with other problems have contaminated military families at all levels. Its a fast popping epidemic without a cure. PSTD is notoriously famous and sparks a strong VAWA case. You have a great normal looking person from the outside, with an ugly inside. Dirty hands in clean gloves.

Be safe, collect lots of evidence and approach a good VAWA lawyer.

When I spoke w/ the Imm Officer at the airport via telephone, she reported that he had told her that I am waiting outside w/ divorce papers, and that we had been seperated. I am not sure why she said that; is it b/c that's what he told her, or that they assumed. She and another officer did specify that he has 30 days to return w/ proof that he is married to a USC. In this situation what would be HIS next obvious step?

I had spoken to someone who is a bit more familiar w/ imm proceedings. He also was unsure why they would have stopped him just b/c of the OP, as the OP was not active prior to him getting served. He also agreed as many of you have had your doubts that the GC and passport was confiscated solely on the basis that he was getting a divorce, or had an OP. Again both of these papers were not viable as they were NOT served to him at that point. I told the officer this, when he contacted me, while he was being detained.

I suppose this is a unique situation for which there won't be any true answers. Like I wrote before, this is not ploy to remove him out of the US, rather I just want him away from me. I am thinking about my own safety. He was a terrible husband to me, and more than often a very selfish and a crude man. But if the US gov't feels that he should remain here, then he shall, as long as he won't be a lazy snake, w/ no shame to live off a hardworking woman's paycheck, especially when he is aware that I am living off this paycheck to the next. Having a small home is no joke, and the responsibilities are never-ending. Something perhaps he will never understand.

Please keep me in your thoughts as I return to court again this week. I am hoping that I get my OP maintained, he signs the divorce papers, and gets out of my life for good!

Thank you all, and will keep you posted.

The US Attorney General is responsible for his immigration, its not your problem. Get restraining order, a clean divorce and move on. Your situation is not unique, its common for a USC to feel cheated and used.

And beware, more you try to contact immigration about his status, the more safer he gets, you will look like an sour annoying fishwife at the end. Throw dirt on someone and your hands get soiled. Your future applications will be deeply scrutinized the more you ask about his status. Every inquiry is recorded.

He will be deported for fraud if evidence exists. BTW his laziness, crudeness, shameless, snake-like attitude does not mean fraud. Surprisingly, you never noticed all this before your hero became zero.

INA section 216(b)(1)(A)(ii). If USCIS discovers the divorce then they are compelled to terminate conditional residence. The reason they don't do this very often is because the first time they find out about the divorce is usually when they receive the I-751 with the waiver request.

True, but even if the USC informs them about divorce prior to the removal of conditions, its the local ICE policy to terminate conditional residence and issue a NTA. Again all done on case by case basis, the USCIS is aware of the tendency that the USC informs them about divorce along with hurtful accusations. If all these where taken at face value, more that half of the divorced population would be issued a NTA.

Amnyc86:

Are you the same nationality of your spouse? Just curious...if your the same race of your spouse then there is one red flag less to raise.

The general rule is that divorce terminates conditional residency. If USCIS discovers the divorce, they are compelled to take steps to terminate the conditional residency, which means starting removal proceedings. Self-petitioning based on good faith marriage is a request for a waiver of this rule. Given the circumstances in this case, he is going to have a difficult time proving good faith marriage with USCIS, yet he will be forced to try to do so if he wants to avoid deportation.

If I were an attorney (and I'm not), one of the arguments I would make against having a family court attempt to enforce the affidavit of support is that his future status as an LPR is far from guaranteed. Until it's established that he will be allowed to stay in the US, there's little point in enforcing the support clause. There is very little risk he'll become a public charge before his future status has been determined.

Yes, what you say can happen, but not always happens. Its done on a case by case basis, many a times dependent on local practice. The above is not rule of thumb, every foreign divorcée would be in removal proceedings if it had been a rule. The Alien has a chance to file for a waiver regardless of whether or not he is a subject of removal proceedings. The waiver maybe Good Faith or any other condition. All he needs is reasonable evidence to convince the IO or even the IJ of his intent.

He is a permanent resident till the IJ says otherwise. He should be OK at the end unless there is a preplanned malicious sham scheme he was involved in, which need to be proved in court, not just accusations without evidence.

as said earlier;

Your first opinion is interesting from what we usually hear; cases where the USC informs uscis of divorce, the green card from the spouse is taken by the CPB at the POE in some cases.

does this apply to conditional or 10yr GC or both.

I have seen this happen for conditional cards.

OP:

Do not appeal the 400, IMO its a waste of time if the waiver has not been filed. File the waiver, get it approved and then file the N400.

The 400 is heavily dependent on the 751 approval.

Actually, IMO, it's the protective order that triggered the confiscation at the POE.

They kept his passport because he is a 'flight risk'.

There's actually some VAWA stuff going on, in her favor, as well.

Your first opinion is interesting from what we usually hear; cases where the USC informs uscis of divorce, the green card from the spouse is taken by the CPB at the POE in some cases.

To the OP and others: He is a permanent resident till the courts decide hes not. Only high quality evidence of fraud will get someone deported, not sour baseless accusations. The Green Card for a spouse is a benefit for the USC, but remember it also one of the benefits for marrying a USC. For removal based on fraud, marrying ONLY for green card should be his one and only objective.

1) I filed for a divorce and he was served the papers at the airport

2) Got an order of protection against him which was also served at the airport

Problems:

1) his passport and GC was confiscated at the airport by Customs and Border Patrol

2) he has 30 days to prove that he has an ongoing marriage w/ the USC

They were waiting for him at the airport to serve him???

They took his passport as well??? do they have the right to do that???..green card yes, but a passport of a different country can't be confiscated for that long...i dunno...

Exactly, I dont understand from what the Op has described. Anyways even if he is in trouble with the ICE and CPB he will be ok once he is divorced and files a waiver. Deportation in not in the near horizon just for leaving his wife. The Attorney General has more important people to deport. Divorce or a sour separation doesn't equate to deportation. Even if fraud is alleged it will take years till he is removed if there is convincing documentary evidence. Meanwhile he is a permanent resident with full rights.

I got my NOA for the I751 on 2/19 and the biometrics appointment was on 3/24. Last week, my husband assaulted me and was subsequently arrested. I'm pressing charges and am waiting for a court date. Of course, this is going to change things where our marriage is concerned. I'm trying desperately to get hold of a lawyer but in the meantime if anyone has any advice or idea of how/if this will affect my i751 and what I should do about it, I would be very grateful!

Your husbands issue is criminal law, the 751 is immigration law and divorcing him is family law. All these are important separately and cannot be mixed.

If you divorce before your joint 751 is finalized you must append your application to a waiver.

Got married to US Citizen in April 02.

Got temp green crad on Sep 02.

Filed I-751 jointly in July 04.

Filed for no fault divorce in Sep 04.

Got divorced in Nov 04.

I-751 approved in July 05. So,

No children. No property settlement or alimony agreement. I have no clue about the whereabouts of my ex wife. Its been over 5 years.

I was under the impression that everything is fine. I got my 10 year green card. We were married for 2.5 years. It was a legit marriage. Had all proof in I-751 application. We lived together for 3 years (6 months prior to marriage moved in together).

Now, after 6 years, I filed N400. It got denied. They said, that I was given green card in an error. Because we were divorced before I-751 was approved. They sent me a form to appeal for N400. My question is, if I appeal, most probably it will be denied too. Should I file I-751 waiver now separately? I am confused. My attorney says, file I-751 waiver and appeal for N400 also at the same time to buy some time, while I-751 is in process. Is that the right thing to do? I don't seem to have too many choices. Need some guidance. If I were to file I-751 waiver, what kind of documents should I include to support the marriage?

Very normal, so normal that this is a prototype the conditions were removed in error. Do not be surprised. Divorcing soon after you filed the joint 751 is a NO NO! Now file your 751 waiver with good faith evidence with help of a lawyer.