gulliver

Okay after considering all the facts It was determined that her green card was still valid. So I bought the ticket she arrived day before yesterday sailed through customs and no questions about divorce. She is here, I am happy and hope we can make it work. Thanks all for all the good advice.

Gulliver

Thanks Jim Thats great advice I'll keep you all posted

Gulliver

Hey Jim you make some great points thanks However I think that the canceling of notice to appear not "intent" does not apply. Also I feel that the waiver is an option for all who have divorced and entered in there marriage in good faith but it did not work out. The question of the day remains do I buy her a ticket it sounds like a ####### shoot. You know that the CBP officers don't know all this law And i am nervous of that

Thanks

John

Darnell Thanks for all your help in the past and now. Here are a few thoughts if you look at the link there's some good stuff to include about filing from abroad which is ok and you must return for the interview so why would they not let you in.If you can file the I-751 waiver only if you are divorced then is is CLEAR and obvious that divorce does not terminate the status!

Here is a link to the law.

http://law.justia.com/us/cfr/title08/8-1.0.1.2.20.html#8:1.0.1.2.20.0.1.3

As far as I know there is nothing in the law saying that divorce does not terminate the card because the law says the marriage must be terminated to file the I-751 waiver.

Laws are not written that way.

There is nothing in the law that says if the US spouse dies that the status is terminated, either. But there is a provision in that law that says if the spouse dies you can file a waiver.

Gulliver

Bob, what evidence would they see in my Ex's case that she has abandoned her residence she has only been out of the country for 5.5 months. So it it your position that they will let her in its mine because she is entitled to file a I751

Gulliver

Ok here is the first reply from my lawyer any thoughts?

She is still allowed to seek a waiver of joint filing of the I-751 if she is divorced from you so it does not bar her from entering the US on her conditional status!

Gulliver

Jim, you don't think they will parole her in and let her file a I-751 USCIS has sent no notices of anything yet.I don't want her to get sent back that would be very hard for her to understand.Does CBP actual imput divorce decree in the systen or do they forward them to USCIS.I have a feeling they did nothing with the paper work because when i left it was out in the open on a table and the officer went home. Wish I could check I have not called DOS to check still thinking about that one.

Gulliver

Everybody thanks so much for the advice. My wife who i love dearly told me that she did not want to return. For here to move on with her life i went to china so we could be divorced. after a few months she has regretted her decesion. As for me I am a average Joe when my bags were searched in secondary inspection is when they found the documents about my divorce. They could not read them and got a chinese officer to read them. then the questions came I was so pissed at the way i was treated but never lost my cool. They made copies and three hours later I left. The did not have her A#

I'm not sure if they even added anything to my file.they left all my papers out on the table with nobody around because it was time for the offficer to go home.I beleive that the green card is valid if she files a I751 now but there is nothing about filing abroad.What are the odds of her getting paroled in a entry point I would feel terrible if they sent her back. Any other thought I have open ears.

Gulliver

Any way to find out without sending up flags if they know about my divorce. If they don't no problem she can enter and then we can file the right paperwork.

THX

Gulliver

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?

My wife and I married in 2008 and she arrived in US Nov 2009 after 3 months she could not adapt to living in US and wanted to go home so I bought her a ticket after three more months she told me that she would not return to US so I flew to her country and got a divorce.three more months later she has changed her mind and wants to return will she have a problem at reentry she has a two year green card that is valid. Upon my return(USC) I got searched and questioned by CBP and they made copies of documents from my divorce I told them the truth.I was there for three hours before they let me in. Any thoughts for my Ex

Gulliver

Just a quick update, went back for the Cr-1 6 weeks after a K-3 denial and got the pink slip and visa in hand I'll try and write a review when i get a chance. First question asked is your husband here of course she said he's down stairs waiting for me then she gave him my passport. Also it took 7 days to pick up visa from post office not the two it says on the pick slip.

GT

I am taking the advice and going to do everything possble to handle this thanks to everyone for the help.

I did shoot marc ellis a email lets see what happens I'll keep you all posted

Thanks

GT

okay maybe i got it wrong maybe its not 221g??

This is what it says:

Dear Immigrant Visa Applicant:

The consulate is unable to issue you a immigrant visa because, according to the section of the Immigration and Nationality Act section 5A you do not fulfill the eligibility requirements for the petitioned visa. The consulate determined, based on your testimony, documents, and any other evidence that you do not have a bona fide relationship with the petitioner. The consulate will now return your case to homeland security, CIS for review and possible revocation.........

Is this 221g or something else it does not mention 221g the slip was white

Thanks

GT

Thanks I got the notice because I was there with her and it just says your case is being returned to the cis because the they did not beleive we have a bonifide relation ship. How can i get the exact reason that they used to make that determination so I can address it before my CR 1 interview. My notice 129F says that it expires on 10-8-09 will they just let it die. It has not been returned as of yet.

GT

I call DOS to verify and they have my interview date in there files, they did confirm and I have the interview letter.

I contacted my congressman to see if they could help find out and they said the would try but did not sound confident so maybe I'll move to my senator I have just a little time and it would be so helpful to know so i could address that issue and move on. The old white slip is so vague Non- Bonafide

Thanks again

GT

Thanks for all the quick responses and i will take your advice.

How long did it take to get a response from your senator?

Thanks

GT

Just looking for some advice on Sept 8 my wife got a white slip for 221g non bona fide and yes i was there and all the paper work was in order meanwhile my Cr-1 electronic processing was still moving anyway thats complete and now my wife has a interview in the end of oct and I don't have the exact specfics of why we were orignally denied and i am nervouse that this denial will affect the outcome of my Cr-1. The I129-F for my K-3 has a expiration date of 10-8-09 so it will die i guess but even if they send me a appeal on that it would take months or even a year.

Thanks

GT