You won't believe what 3 different lawyers Told me today

[Bobby+Umit 161]

and even more guidance on waivers for the I-751 Waiver Guidance

[Ree 9]

Here is another link.

6. I-751 Processing and Adjudication

a. I-751 Petitions for Conditional Residents in Divorce Proceedings

AILA has discussed with USCIS HQ in a number of prior meetings the hardship caused to applicants who are separated but not yet divorced during the I-751 petition process. AILA has advocated for an administrative remedy that would permit an individual whose divorce is finalized during the pendency of the I-751 petition to file a new or amended I-751 petition with the appropriate Service Center, without having to withdraw the original petition. In addition, AILA has recommended that USCIS allow such individuals to present a new or amended I-751 petition at interview at USCIS Field Offices. USCIS has previously indicated it would review our recommendations on this issue and issue updated guidance. AILA respectfully requests an update on whether any progress has been made on this issue and whether updated guidance may be forthcoming in the near future.

Response: USCIS guidance on this subject is currently in the concurrence process with the expectation that it will be issued by or before summer 2009.

http://www.uscis.gov/files/nativedocuments...a_19march09.pdf

I don't know if this can help you. But, as I said before, my jointly filed petition was amended by the IO to a divorce waiver and approved under new rules. The IO said that this new rule was issued in the middle of April 2009.

[Bobby+Umit 161]

Here is another link.

6. I-751 Processing and Adjudication

a. I-751 Petitions for Conditional Residents in Divorce Proceedings

AILA has discussed with USCIS HQ in a number of prior meetings the hardship caused to applicants who are separated but not yet divorced during the I-751 petition process. AILA has advocated for an administrative remedy that would permit an individual whose divorce is finalized during the pendency of the I-751 petition to file a new or amended I-751 petition with the appropriate Service Center, without having to withdraw the original petition. In addition, AILA has recommended that USCIS allow such individuals to present a new or amended I-751 petition at interview at USCIS Field Offices. USCIS has previously indicated it would review our recommendations on this issue and issue updated guidance. AILA respectfully requests an update on whether any progress has been made on this issue and whether updated guidance may be forthcoming in the near future.

Response: USCIS guidance on this subject is currently in the concurrence process with the expectation that it will be issued by or before summer 2009.

http://www.uscis.gov/files/nativedocuments...a_19march09.pdf

I don't know if this can help you. But, as I said before, my jointly filed petition was amended by the IO to a divorce waiver and approved under new rules. The IO said that this new rule was issued in the middle of April 2009.

good find! I will look for the USCIS ruling...

Edited May 6, 2009 by Bobby_Umit

[ana751 1]

Wow,

You guys gave me lots of info. Some I already found and some I never saw. I will put a package together to send to those lawyers who obviously have no idea of all this information. Thank You Guys. This is very helpful.

Edited May 7, 2009 by ana751

[TinTin and Samby 11]

Wow,

You guys gave me lots of info. Some I already found and some I never saw. I will put a package together to send to those lawyers who obviously have no idea of all this information. Thank You Guys. This is very helpful.

I wish you the very best in your difficult & stressful situation.

I am curious, though, why you are adding to your stress level by trying to force some lawyers who are not representing you (i assume these were just consultations) to somehow 'agree' with your point of view? To what end will that help you? Lawyers csn be right, they can be wrong, but they do not decide what will be accepted. You mentioned in an earlier post in this thread that "Immigration has no grey area". I think most would say that, in fact, nearly everything about Immigration is a grey area.

Regarding getting a copy of the RFE, if you make an infopass appointment, they can send a request to the service center on your behalf asking them to resend a copy of the RFE letter.

If your wife is still willing to work with you and support your removal of conditions request, it seems to me that the most straight forward approach would be for the two of you to show up at your scheduled interview (if you receive one) and simply explain the truth: Marriage entered into for bonefide reasons, both you and your wife legimately lived in a married state for x period of time. AOS and then Removal of Conditions applications were filed in good faith. Difficulties arose after last filing which have progressed to the mutual conclusion that the marriage can not continue. Seperation occurred for the benefit of all parties. Currently still legally married and am here at the Lifting of Conditions interview with my seperated yet supportive wife.

Whatever path you choose, I wish you all the best and some peace of mind.

Warm Regards,

Samby

Edited May 9, 2009 by TinTin and Samby

[Immigrant2009 0]

Wow,

You guys gave me lots of info. Some I already found and some I never saw. I will put a package together to send to those lawyers who obviously have no idea of all this information. Thank You Guys. This is very helpful.

Wish you best of luck.

Your case is difficult and unique in case. But if you have waited 15 months and were separated from your wife after 12 months of staying together, applying again for I-751 now after divorce will make difficult for you. I have seen this on VJ and other forums that divorcees filing I-751 have to wait for ever for RFE. I-751 is least priority for USCIS and divorcees are among the least priority as compared to regular cases (based on the posts on VJ).

I am not saying you should evade immigration laws, All I am saying is that if you now get a divorce, it will take 3-6months or more if you try to go for counseling first. If you don't go for counseling 3-4 or month depending on case and court dates.

Even if you notify USCIS, that you are separated chances are they might not update your case status. It looks to me is that your case file is either lost or buried undear a pile of file.

Your best bet is try to work out your relationship one last time, try marriage counseling. If it doesn't work, go for divorce. But contact your senator/congressman to do an inquiry tell that your case is now outside the normal processing time of USCIS.

I have seen this on VJ, that if your case is outside processing time, contacting senator/congressman and talking to their immigration expert works like a charm. 99% of the folks on VJ got an approval letter in the mail after 1-2 weeks or so of inquiry.

Lastly there are sadly very few good immigration lawyers and they are pretty expensive. The average joe immigration lawyer will give different opinion. I would only recommend going to an immigration lawyer if your case is too complex or you are facing deportation, otherwise most of the forms and situations you can handle yourself and since you are way too close to getting a response, using a lawyer now is simply waste of money and time and will add extra stress. Using them might be harmful than useful.

I have feeling if you contact either senator/congressman or both and use their immigration expert your will get a quick response and will be done with this thing soon.

Good Luck.

Edited May 14, 2009 by Immigrant2009

[ana751 1]

Hello Everyone,

The RFE finally came! It looks like a pretty genaralized standard letter requesting more evidence of bona fide marriage. This is what I have to send them.

2008 Tax returns

old Joint Bank Statement (I never sent this to them with the initial 751 app.)

Apartment rental receipts (my name is still on the lease)

Copys of my med. insurance renewal, local congressman letter, and state senator letter (for proof of address)

Copys of our drivers liscences (I have not changed the address on my liscence)

Copy of her life insurance policy naming me as her beneficiary

2 more affidavits from people that know us

I don't have much else to send. What do you guys think? Can you guys think of anything else I can send?

[Bobby+Umit 161]

Hello Everyone,

The RFE finally came! It looks like a pretty genaralized standard letter requesting more evidence of bona fide marriage. This is what I have to send them.

2008 Tax returns

old Joint Bank Statement (I never sent this to them with the initial 751 app.)

Apartment rental receipts (my name is still on the lease)

Copys of my med. insurance renewal, local congressman letter, and state senator letter (for proof of address)

Copys of our drivers liscences (I have not changed the address on my liscence)

Copy of her life insurance policy naming me as her beneficiary

2 more affidavits from people that know us

I don't have much else to send. What do you guys think? Can you guys think of anything else I can send?

Make sure you include evidence with the tax returns, ie: w-2/1099.

everything else looks great - notarize the affidavits.

[Immigrant2009 0]

ana751

Your Docs look Ok.

Good Luck.

[laface 0]

Let us know what the outcome is.... Wishing you the best!!!!

[HappyNathy 0]

To the OP:

What news, if any, on your situation? I am curious if you have resolved the matter & if the April 2009 amendments were useful.