Mojo418

I was wondering if anyone had any ideas or advice. I came to live in the
states by way of Marraige on a K1 visa. Unfortunately after just short
of 4 years of marriage we've seperated earlier this year.

my 2 year conditional Greencard had already expired and we had filed to
have the conditions lifted last year and have recieved my I751. The pro-
cessing date for my application was at the end of July 04 and have heard
nothing yet from the INS. I've been told to wait until the 7th of septe-
mber, and if I haven't heard anything to call the Customer Serive line
to get an enquiry sent to the Texas office to see what the hold up is on
my application.

Do I need fill out new applications? any ideas of what I am to do next?
find an attorney? I'm a little lost.

Hypertweeky

    > I was wondering if anyone had any ideas or advice. I came to live in
    > the states by way of Marraige on a K1 visa. Unfortunately after just
    > short of 4 years of marriage we've seperated earlier this year.
    > my 2 year conditional Greencard had already expired and we had filed
    > to have the conditions lifted last year and have recieved my I751. The
    > processing date for my application was at the end of July 04 and have
    > heard nothing yet from the INS. I've been told to wait until the 7th
    > of september, and if I haven't heard anything to call the Customer Se-
    > rive line to get an enquiry sent to the Texas office to see what the
    > hold up is on my application.
    > Do I need fill out new applications? any ideas of what I am to do nex-
    > t? find an attorney? I'm a little lost.

Hey Mojo:)

Search for posts of "AGUILA" (or Pm him if you like), he is in your same
situation.
Take care!!

Mojo418

    > Hey Mojo:)
    > Search for posts of "AGUILA" (or Pm him if you like), he is in your
    > same situation.
    > Take care!!

Thank you very much.

Hypertweeky

    > Thank you very much.

Anytime:)

Aguila

    > Thank you very much.

Mojo:

You might get an approval from TSC soon. If you get an interview appoi-
ntment is your USC spouse willing to cooperate and come with you? As
long as divorce is not final you could remain legally eligible to have
your conditional status removed with the Joint I-751 petition. If you
get divorced before its adjudicated which I doubt in your case, you must
re-file form I-751 with a waiver of the joint filing requirement based
on a marriage entered in good faith but ended through divorce.

My email is feel free to contact me if you have
questions.

Mojo418

    > Mojo:
    > You might get an approval from TSC soon. If you get an interview ap-
    > pointment is your USC spouse willing to cooperate and come with you?
    > As long as divorce is not final you could remain legally eligible to
    > have your conditional status removed with the Joint I-751 petition.
    > If you get divorced before its adjudicated which I doubt in your cas-
    > e, you must re-file form I-751 with a waiver of the joint filing req-
    > uirement based on a marriage entered in good faith but ended through
    > divorce.
    > My email is feel free to contact me if you
    > have questions.

Greatly appreciate your reply.

Unfortunately my wife and her family are upset that it didn't work out
and so have written letters to the INS stating the past 7+ years were
all a scheme for me to get a greencard. So I don't think she is willing
to join me at the interview, or willing to put it in writing that the
marriage was legitimate.

I'm hoping I hear something from the INS in the next few weeks. My Rece-
ipt date is July 31st 2003, and the processing dates for the Texas cent-
er on the USCIS website are August 26th 2003 for I751 applicants.

Thanks again for your response.

Aguila

    > Greatly appreciate your reply.
    > Unfortunately my wife and her family are upset that it didn't work out
    > and so have written letters to the INS stating the past 7+ years were
    > all a scheme for me to get a greencard. So I don't think she is willi-
    > ng to join me at the interview, or willing to put it in writing that
    > the marriage was legitimate.
    > I'm hoping I hear something from the INS in the next few weeks. My Re-
    > ceipt date is July 31st 2003, and the processing dates for the Texas
    > center on the USCIS website are August 26th 2003 for I751 applicants.
    > Thanks again for your response.

Mojo418:

Ummm your case is then more complicated that what I thought... Are you
sure that they sent those letters? That might trigger an interview. If
you are called for an interview you must try to reschedule to get your
divorce done so you could re-file the I-751. If you are not able to get
your divorce finalized even by re-scheduling, you could show up at the
interview and ask for mercy and request a new rescheduling but this time
you should at least have some papers to show that you are in divorce pr-
oceedings. It the officer denies your request by law he/she has to deny
your I-751 [since your USC spouse did not attend with you to the interv-
iew] and then you might or might not get into removal proceedings. If
you do not get into removal proceedings as soon as your divorce is fina-
lized you file an I-751 and right a brief exlanation with it, and your
status should be reinstated. If you get into removal proceedings, you
should ask the immigration judge for a continuance so you could get your
divorce finalized in order to allow you to file the I-751 waiver.

Mojo418

    > Mojo418:
    > Ummm your case is then more complicated that what I thought... Are you
    > sure that they sent those letters? That might trigger an interview.
    > If you are called for an interview you must try to reschedule to get
    > your divorce done so you could re-file the I-751. If you are not able
    > to get your divorce finalized even by re-scheduling, you could show up
    > at the interview and ask for mercy and request a new rescheduling but
    > this time you should at least have some papers to show that you are in
    > divorce proceedings. It the officer denies your request by law he/she
    > has to deny your I-751 [since your USC spouse did not attend with you
    > to the interview] and then you might or might not get into removal pr-
    > oceedings. If you do not get into removal proceedings as soon as your
    > divorce is finalized you file an I-751 and right a brief exlanation
    > with it, and your status should be reinstated. If you get into remov-
    > al proceedings, you should ask the immigration judge for a continuance
    > so you could get your divorce finalized in order to allow you to file
    > the I-751 waiver.

I plan on going in with an Immigration Attorney when I have to go in for
my interview. I have plenty of evidence showing the marriage was legiti-
mate, but I know the fact that her family has written letters against me
can only harm my case. My divorce can't take place until February next
year, so I will have to go in for my interview and hopefully with the
evidence I have and attorney something positive can come out of this.

Thanks again for your replies.

Aguila

    > I plan on going in with an Immigration Attorney when I have to go in
    > for my interview. I have plenty of evidence showing the marriage was
    > legitimate, but I know the fact that her family has written letters
    > against me can only harm my case. My divorce can't take place until
    > February next year, so I will have to go in for my interview and
    > hopefully with the evidence I have and attorney something positive can
    > come out of this.
    > Thanks again for your replies.

Mojo418:

I don't want to be negative, but I must be plain REAL with you. An
attorney will be USELESS if your wife does not show up to the interview
with you. It does not matter what kind of evidences you have, BY LAW
YOUR WIFE ATTENDANCE IS A REQUIREMENT and in her absence THEY MUST DEN
YOUR PETITION not if and but's and this case scenario. If you don't
believe I can refer you to the section in the law where this is printed.

I want you have all the facts clear in your mind so you could have an
strategy to deal with your case, since your immigration life is at stake
in this proceeding.

Take care,

Aguila

cerIcebySek

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