Aguila

I filed jointly I-751 with my soon to be USC exwife, VSC won't probably
get to my case until Jul-Oct of 2004.



Meanwhile I have a Divorce final appeareance on Mar 04. Now, I have
gotten all my bona fide evidence together if it in case divorce is final
my Mar 04, file a new I-751 with waiver based on 'entered in good faith
marriage ended through divorce'



I will also be applying for 'extreme mental cruelty' waiver since my
wife was a control freak that made me miserable for most of my marriage
and always threatened me with deportation. I have gotten an affidavit
from an expert psychologist who has written a report from me and also
will have a letter from a clinic where I have been receiving treatment
for Anxiety.



Now I know that my best bet is to try to get my current jointly filed
I-751 without interview, so I will be filing a Motion requesting
continuance to my divorce judge for 6 months, if not I will do what I
have explained above, if extension is granted and I am called up for an
interview I will file new waiver I-751 or will try to ammend it at
interview if my district office allows that at the time needed.



Does anybody has any suggestion? is this the right way to go?

Folinskyinla

Originally posted by AGUILA

    > I filed jointly I-751 with my soon to be USC exwife, VSC won't
    > probably get to my case until Jul-Oct of 2004.


    > Meanwhile I have a Divorce final appeareance on Mar 04. Now, I have
    > gotten all my bona fide evidence together if it in case divorce is
    > final my Mar 04, file a new I-751 with waiver based on 'entered in
    > good faith marriage ended through divorce'


    > I will also be applying for 'extreme mental cruelty' waiver since my
    > wife was a control freak that made me miserable for most of my
    > marriage and always threatened me with deportation. I have gotten an
    > affidavit from an expert psychologist who has written a report from me
    > and also will have a letter from a clinic where I have been receiving
    > treatment for Anxiety.


    > Now I know that my best bet is to try to get my current jointly filed
    > I-751 without interview, so I will be filing a Motion requesting
    > continuance to my divorce judge for 6 months, if not I will do what I
    > have explained above, if extension is granted and I am called up for
    > an interview I will file new waiver I-751 or will try to ammend it at
    > interview if my district office allows that at the time needed.


    > Does anybody has any suggestion? is this the right way to go?



Hi:



You need to contact an experienced immigration attorney -- and have her
coordinate with you family law attorney.



Your situation makes this immigration attorney nervous, but I think it
should work out in the end based upon what you say.

Aguila

Originally posted by Folinskyinla

    > Hi:


    > You need to contact an experienced immigration attorney -- and have
    > her coordinate with you family law attorney.


    > Your situation makes this immigration attorney nervous, but I think it
    > should work out in the end based upon what you say.





I had an immigration attorney which I don't like him anymore since he
did not tell me anything about putting 2 affidavits from people that
knew us... so I got a copy of my file with him and I do not have an
attorney right now.



In my Family Case, I am Pro Se, since I was not willing to pay an
attorney for my divorce... I did pretty well, since she filed complaint
base on extreme mental cruelty and threathen me with INS if I would
anwer. But I did answer and countersue her for some money issues.. and
then I got them do not continue that claim and have it ammended for no-
fault divorce, however, the complaint itself never was ammended, here
allegations were senseless and it was clear that it was designed in
order to get an uncontested divorce.



Filing the Motion for Continuance now is the only legal recourse I have
to delay my divorce action even now, however, she might oppose but in
the end the Judge will decide. In my motion I ask for continuance base
upon the fact that my current and future immigration status will be
jeopardized if a divorce judge enters a divorce judgment prior to the
adjudication of a jointly filed petition to remove the conditions on my
immigration status, and I made clear that I have been waiting for more
than one year and that petition should be adjudicated within 6-9 months.



I have gather as I said lots of proof to prove bona fides of marriage,
and I will go also so for extreme mental cruelty waiver, I have the
feeling that I have a high chance of getting aproved withoug hassles,
what do you think?

Folinskyinla

Originally posted by AGUILA

    > I had an immigration attorney which I don't like him anymore since he
    > did not tell me anything about putting 2 affidavits from people that
    > knew us... so I got a copy of my file with him and I do not have an
    > attorney right now.


    > In my Family Case, I am Pro Se, since I was not willing to pay an
    > attorney for my divorce... I did pretty well, since she filed
    > complaint base on extreme mental cruelty and threathen me with INS if
    > I would anwer. But I did answer and countersue her for some money
    > issues.. and then I got them do not continue that claim and have it
    > ammended for no-fault divorce, however, the complaint itself never was
    > ammended, here allegations were senseless and it was clear that it was
    > designed in order to get an uncontested divorce.


    > Filing the Motion for Continuance now is the only legal recourse I
    > have to delay my divorce action even now, however, she might oppose
    > but in the end the Judge will decide. In my motion I ask for
    > continuance base upon the fact that my current and future immigration
    > status will be jeopardized if a divorce judge enters a divorce
    > judgment prior to the adjudication of a jointly filed petition to
    > remove the conditions on my immigration status, and I made clear that
    > I have been waiting for more than one year and that petition should be
    > adjudicated within 6-9 months.


    > I have gather as I said lots of proof to prove bona fides of marriage,
    > and I will go also so for extreme mental cruelty waiver, I have the
    > feeling that I have a high chance of getting aproved withoug hassles,
    > what do you think?



Hi:



You can fire an attorney for any reason at all, or no reason for that
matter. However, your reason strikes me as not having been a good one.
The affidavits are a SUGGESSTION only. In my experience, they are the
WEAKEST possible evidence. I rarely submit them and that is only in
cases with almost nothing else -- say you have H & W in different
universities and getting together on weekends -- and then I will
document the enrollement in the schools.



Family law is individual to each state, so I can't really comment on
those proceedings.



However, the way you describe it, you may have a good case -- but I get
the feeling that you may be screwing it up big time.



I don't mind the "do it yourself" type of handling a case, but you give
this independent observer a big pause.



Good luck.

Aguila

Originally posted by Folinskyinla

    > Hi:


    > You can fire an attorney for any reason at all, or no reason for that
    > matter. However, your reason strikes me as not having been a good
    > one. The affidavits are a SUGGESSTION only. In my experience, they
    > are the WEAKEST possible evidence. I rarely submit them and that is
    > only in cases with almost nothing else -- say you have H & W in
    > different universities and getting together on weekends -- and then I
    > will document the enrollement in the schools.


    > Family law is individual to each state, so I can't really comment on
    > those proceedings.


    > However, the way you describe it, you may have a good case -- but I
    > get the feeling that you may be screwing it up big time.


    > I don't mind the "do it yourself" type of handling a case, but you
    > give this independent observer a big pause.


    > Good luck.





Why do you think that I am screwing big time? I have some legal
training I work full time as Paralegal, however never did Family nor
Immigration Law...



I did not fire my attorney his office still representing me, but if I
have to file a waiver I-751 I refuse to pay attorney fees becasue I have
everything ready, and if there is an interview I most likely will look
for an attorney with lots of experience handeling I-751 waivers....



In regards to my family case is all under control, the property
distribution has already been settled and the only thing outstanding is
the judgment itself.





Do you have any ideas as to how to increase my chances of success?

Danny Davis

Best course of action: contact an experienced immigration attorney to handle
divorce and other applications. I have a friend who is doing just that. At
the hearing the USC moved for annulment. That was rejected. The
Immigration/divorce attorney made sure there were a number of things
included in the court record for inclusion as proof of good faith marriage.
My friend is now living in Virginia and has an interview date next month.

Just my opinion. I am not a lawyer. I just make sure I know a good one. Try
the AILA.

Good luck