I751 - Long waited case

[JudeT 0]

I don't know whether there's anyone with similar situation that being waiting many years but the case for removing the GC condition is still in process. I'm struggling on whether I should continue persueing the case or find any other solutions.

Let me briefly present my timeline:

7/2000 obained K1-Visa

10/2000 Arrived in US

12/2000 Got Married in Les Vegas on Christmas

7/2001 Received conditional GC

5/2003 Filed I-751 to Vermont (residence in Boston)

8/2003 Received notice and automatically extend 1 yr residential status.

Since then, I didn't hear anything from the Vermont centre. In Aug.2004, they transferred the case to local office for interview arrangement. However, the interview never happened. In Aug.2005, I was notified that the case was transferred to CA center for processing. Through the years, I extended my status twice as I travel out of country every year. In June, 2006, I received a notice from CA center that they request additional documents for past 2 years.

My marriage was ended unfortunately at the end of June 2006 after 3 yrs' separation, which made the situation more complicated. My ex-husband was mostly travelling for his job and permanantly resided in my home country since 2003. (He was originally from my home country) We only had a joint account here for the past 2 years and filed joint tax return for 04 and 05 but only recorded my income as he claimed he had no US income since he worked in a foreign country. Besides, we don't have joint residence proof for the past 2 years. Do you think it will be a big problem if I submit such loose evidence in response to the additional dcouments request? Shall I mention my recent divorce to them?

As I've been waited so long and established my life well in the US through the years, I can't imagine what I should do if the case is denied. I earned my MA degree and have been working in a global company for more than 3 years. If by the end I lost the case, does that mean everything in US will be ended? This frustration has gradually eaten my patience. Does anyone encounter the same situation and find way out? Do you think there's a way that I can quit this immigration process and switch to other way, such as, through H1b?

I want to be well prepared for whatever will happen in my life. My marriage was entered in good faith, however, it is now in others' hands to judge. This uncertainty bothered me and my family a lot. My ex-husband is now out of US and dosen't seem willing to help any more although we filed joint petition to remove the condition together. I would be much appreciated if anyone can give me some advice or options.

I will also consider hiring an attorney in the near future if I receive further notice or my case is still pending.

Thank you all very much!

[Sweetgirl 0]

I don't know whether there's anyone with similar situation that being waiting many years but the case for removing the GC condition is still in process. I'm struggling on whether I should continue persueing the case or find any other solutions.

Let me briefly present my timeline:

7/2000 obained K1-Visa

10/2000 Arrived in US

12/2000 Got Married in Les Vegas on Christmas

7/2001 Received conditional GC

5/2003 Filed I-751 to Vermont (residence in Boston)

8/2003 Received notice and automatically extend 1 yr residential status.

Since then, I didn't hear anything from the Vermont centre. In Aug.2004, they transferred the case to local office for interview arrangement. However, the interview never happened. In Aug.2005, I was notified that the case was transferred to CA center for processing. Through the years, I extended my status twice as I travel out of country every year. In June, 2006, I received a notice from CA center that they request additional documents for past 2 years.

My marriage was ended unfortunately at the end of June 2006 after 3 yrs' separation, which made the situation more complicated. My ex-husband was mostly travelling for his job and permanantly resided in my home country since 2003. (He was originally from my home country) We only had a joint account here for the past 2 years and filed joint tax return for 04 and 05 but only recorded my income as he claimed he had no US income since he worked in a foreign country. Besides, we don't have joint residence proof for the past 2 years. Do you think it will be a big problem if I submit such loose evidence in response to the additional dcouments request? Shall I mention my recent divorce to them?

As I've been waited so long and established my life well in the US through the years, I can't imagine what I should do if the case is denied. I earned my MA degree and have been working in a global company for more than 3 years. If by the end I lost the case, does that mean everything in US will be ended? This frustration has gradually eaten my patience. Does anyone encounter the same situation and find way out? Do you think there's a way that I can quit this immigration process and switch to other way, such as, through H1b?

I want to be well prepared for whatever will happen in my life. My marriage was entered in good faith, however, it is now in others' hands to judge. This uncertainty bothered me and my family a lot. My ex-husband is now out of US and dosen't seem willing to help any more although we filed joint petition to remove the condition together. I would be much appreciated if anyone can give me some advice or options.

I will also consider hiring an attorney in the near future if I receive further notice or my case is still pending.

Thank you all very much!

HI! I am very sorry to hear about your case and situation. This is absolutely abnormal thing.

Did you constantly call the 1-800 number and ask them about your case? You should off done that and you also should off make an Infopass appointment with your Local Office and talk to themaboutyour case over there. Because they are not gonna move until you start doing something. Well in your case you should off do some serious Action concerning this matter as who knows they might off lost the file or some documents from your file by chance.

I HAVE A GOOD THING TO TELL YOU! Do you actually know ,that you are elligible to apply for the Citizenship right now even if your I-751 has not approved yet?

You were actually elligible way before then.You must be legally married and was a Permanet Resident for 2 years and 9 month before to become elligible to apply for the Citizenship!

So you were elligible to Apply for the Citizenship on 7/2004 as your Conditional Status was Granted on 7/2001! You still can Apply for the Citizenship right now. You dont have to wait for the approval of the Removal of the Conditions. But if you are facing a divorce right now,you should wait till you get the Removal of the Conditions approved. YOU SHOULD DEFENETELY HIRE AN IMMIGRATION ATTORNEY AS SOON AS POSSIBLE! If your husband deoesnt want to support you in I-751 anymore you should get divorce and file the I-751 Petition by yourself again. You must contact the immigration attorney.

You dont need to file the H1 b. As i saidyou can file the I-751 Petition as a divorced madam but you need to prove that your marriage was entered in good faith.

But if you are not going to divorce you can file for the Citizenship right now and defentely hire an attorney so he/she will help you with that.

Best Wishes.

Sincerely.

[diadromous mermaid 36]

I don't know whether there's anyone with similar situation that being waiting many years but the case for removing the GC condition is still in process. I'm struggling on whether I should continue persueing the case or find any other solutions.

Let me briefly present my timeline:

7/2000 obained K1-Visa

10/2000 Arrived in US

12/2000 Got Married in Les Vegas on Christmas

7/2001 Received conditional GC

5/2003 Filed I-751 to Vermont (residence in Boston)

8/2003 Received notice and automatically extend 1 yr residential status.

Since then, I didn't hear anything from the Vermont centre. In Aug.2004, they transferred the case to local office for interview arrangement. However, the interview never happened. In Aug.2005, I was notified that the case was transferred to CA center for processing. Through the years, I extended my status twice as I travel out of country every year. In June, 2006, I received a notice from CA center that they request additional documents for past 2 years.

My marriage was ended unfortunately at the end of June 2006 after 3 yrs' separation, which made the situation more complicated. My ex-husband was mostly travelling for his job and permanantly resided in my home country since 2003. (He was originally from my home country) We only had a joint account here for the past 2 years and filed joint tax return for 04 and 05 but only recorded my income as he claimed he had no US income since he worked in a foreign country. Besides, we don't have joint residence proof for the past 2 years. Do you think it will be a big problem if I submit such loose evidence in response to the additional dcouments request? Shall I mention my recent divorce to them?

As I've been waited so long and established my life well in the US through the years, I can't imagine what I should do if the case is denied. I earned my MA degree and have been working in a global company for more than 3 years. If by the end I lost the case, does that mean everything in US will be ended? This frustration has gradually eaten my patience. Does anyone encounter the same situation and find way out? Do you think there's a way that I can quit this immigration process and switch to other way, such as, through H1b?

I want to be well prepared for whatever will happen in my life. My marriage was entered in good faith, however, it is now in others' hands to judge. This uncertainty bothered me and my family a lot. My ex-husband is now out of US and dosen't seem willing to help any more although we filed joint petition to remove the condition together. I would be much appreciated if anyone can give me some advice or options.

I will also consider hiring an attorney in the near future if I receive further notice or my case is still pending.

Thank you all very much!

Sweetgirl, your understanding of the adjudication of I-751's post divorce is sketchy. Please check the regulations before offering advice! Google William Yates memos regarding procedures for divorced aliens requiring removal of conditions. http://www.immigration-lawyer-us.com/image...751-Removal.pdf

JudeT, a jointly filed I-751 CANNOT be approved if the parties are divorced at the time of adjudication. The Service is statutorily prohibited from adjudicating joint I-751s once the parties are divorced. In the event that adjudication occurs after divorce and without knowledge that the parties are no longer married, then the permanent residency basis is not in accordance with regulations and is subject to rescission.

Since your ex-husband jointly filed the I-751 with you some years ago, while you were still married, and you have now divorced, you must file a waiver, enclosing the divorce decree and request the jointly filed I-751 be withdrawn and substituted with the waiver on the basis of a bona fide marriage.

That being said, since you are currently divorced, you are no longer able to file an N400 to naturalise until 4 yrs and 9 months following receipt of conditional permanent resident status. Had you filed when Sweetgirl indicated that you were eligible, your I-751 would have been adjudicated concurrent with your N400, if it had not yet been approved, but you are no longer eligible for expedited citizenship on the basis of a 3 yr marriage to a US citizen.

Edited July 10, 2006 by diadromous mermaid

[meauxna 15]

Jude, you really should look into the guidance of a lawyer for your case---there are enough unusual things there that something obscure could certainly apply, or go wrong.

The I-751 page at uscis.gov is clear on the divorce issue, so you do need to follow up your filing.

Checking this out with a pro will be less time, money and effort than switching to an H1-B route at this time.

[JudeT 0]

Thanks all for very useful suggestions!

I wasn't clear on the results of divorce during the adjudication having thought that the waiver is only used by anyone who has divorce before I-751 filing. I was wrong then. Do you know generally what is the time frame to apply for the waiver in this case? I hope I'm not late on this. I want to seek help from a lawyer but am not familiar with this at all. Where do you usually find a reliable lawyer? Any recommendation?

Another question, at this moment, I'm holding a request from the Service for additional documents, which will be due by 8/26/06. Shall I still send in the documents anyway? Or, send them a letter explaining that I'm applying for another petition due to the status change? Through these 2 days' search on this forum, I found so many good samples for the evidence, which I didn't prepare and send in at the time of filing. With 5 to 6 years having passed, am I still able to retrieve cell phone/credit card account set-up information and history?

As my case was already being delayed for some unknown reasons (I used to checking constantly by calling the center but no one has the access to the case and knowing why!), now I'm going to replace the old one with waiver. I'm afraid it's getting even more complicated, and endless : (

[Sweetgirl 0]

Thanks all for very useful suggestions!

I wasn't clear on the results of divorce during the adjudication having thought that the waiver is only used by anyone who has divorce before I-751 filing. I was wrong then. Do you know generally what is the time frame to apply for the waiver in this case? I hope I'm not late on this. I want to seek help from a lawyer but am not familiar with this at all. Where do you usually find a reliable lawyer? Any recommendation?

Another question, at this moment, I'm holding a request from the Service for additional documents, which will be due by 8/26/06. Shall I still send in the documents anyway? Or, send them a letter explaining that I'm applying for another petition due to the status change? Through these 2 days' search on this forum, I found so many good samples for the evidence, which I didn't prepare and send in at the time of filing. With 5 to 6 years having passed, am I still able to retrieve cell phone/credit card account set-up information and history?

As my case was already being delayed for some unknown reasons (I used to checking constantly by calling the center but no one has the access to the case and knowing why!), now I'm going to replace the old one with waiver. I'm afraid it's getting even more complicated, and endless : (

HI Judi!

My suggestion is that you should make an infopass appointment with your Local Service Center as soon as possible!!!!!!! You should go there and talk to the officer in person about whats going on.

I also have a feeling that you have screwed up your case in the first place when you have filed it.

As you didnt prepare the enough evidence and send something wrong to them.As you say here that you have found so many good smaples of the evidence,which you didnt prepare at the time of filing. The INS people dont like when the petitioners file the wrong things to them and thus they delay the cases and put them away for a viewing on the last minute. You also said that your file has been transfered to the California Center.

You are located in Boston according to your Location on this forum and you probably filed your I-751to Boston Local Office where its not supposed to be filed at the first place and thats why they had to transfer your file to the California Service Center as that is a probably the right Service Center for the I-751.

Yes ,you still have to retrive and able to retrieve tha cellphone/credit card account set -up information and history.You should do that as soon as possible.

Judi, you must do something right now,how come you have waited for so long and didnt ask any question on the forums earlier. You even missed your N-400 chance too.I do really wish you to solve your problem. You must hire a lawyer .I am sure there are alots of good immigration attorneys in Boston. You should go to the www.Google.com and indicate what and who are you looking for.

My Best wishes.

Sincerely.

[Sweetgirl 0]

I don't know whether there's anyone with similar situation that being waiting many years but the case for removing the GC condition is still in process. I'm struggling on whether I should continue persueing the case or find any other solutions.

Let me briefly present my timeline:

7/2000 obained K1-Visa

10/2000 Arrived in US

12/2000 Got Married in Les Vegas on Christmas

7/2001 Received conditional GC

5/2003 Filed I-751 to Vermont (residence in Boston)

8/2003 Received notice and automatically extend 1 yr residential status.

Since then, I didn't hear anything from the Vermont centre. In Aug.2004, they transferred the case to local office for interview arrangement. However, the interview never happened. In Aug.2005, I was notified that the case was transferred to CA center for processing. Through the years, I extended my status twice as I travel out of country every year. In June, 2006, I received a notice from CA center that they request additional documents for past 2 years.

My marriage was ended unfortunately at the end of June 2006 after 3 yrs' separation, which made the situation more complicated. My ex-husband was mostly travelling for his job and permanantly resided in my home country since 2003. (He was originally from my home country) We only had a joint account here for the past 2 years and filed joint tax return for 04 and 05 but only recorded my income as he claimed he had no US income since he worked in a foreign country. Besides, we don't have joint residence proof for the past 2 years. Do you think it will be a big problem if I submit such loose evidence in response to the additional dcouments request? Shall I mention my recent divorce to them?

As I've been waited so long and established my life well in the US through the years, I can't imagine what I should do if the case is denied. I earned my MA degree and have been working in a global company for more than 3 years. If by the end I lost the case, does that mean everything in US will be ended? This frustration has gradually eaten my patience. Does anyone encounter the same situation and find way out? Do you think there's a way that I can quit this immigration process and switch to other way, such as, through H1b?

I want to be well prepared for whatever will happen in my life. My marriage was entered in good faith, however, it is now in others' hands to judge. This uncertainty bothered me and my family a lot. My ex-husband is now out of US and dosen't seem willing to help any more although we filed joint petition to remove the condition together. I would be much appreciated if anyone can give me some advice or options.

I will also consider hiring an attorney in the near future if I receive further notice or my case is still pending.

Thank you all very much!

HI Judi.

Oops i am sorry for not payiing attention. But you have filed the I-751 to Vermont(Boston area) and that was correct. The thing is that is really,really weard that they have transfered your I-751 to the California Sevice Center. They have screwed up something too.When you gonna go to the Infopass Appointment ask the officer why your file was transfered to the California Service Center where its not supposed to be processed at the first place as i think...

Go and talk to the officer in person.

My Bes wishes.

Sincerely.

[JudeT 0]

Hi Sweetgirl,

Thank you for your warm words! I didn't find this forum until 2 days ago and really think this is a very helpful place! Before that, I was almost like blind on many important procedures although I thought I followed the instructions and met all the deadlines.

Now I find simply following the instruction is not enough. I went in "infopass" a couple times and got responses like " well, normally it takes long..you will get notice if they start processing the case". Then, I saw it was kicked around from Vermont to Boston and then to CA. I just didn't know where I could complain about it. Also, Since it didn't affect my conditional legal status while waiting, I didn't push them too much and was very "patient" these year until my recent divorce.

Anyway, all those years passed I have no much to say. Now, I have a timing issue. My divorce was granted in June 2006. According to the court, it won't be final until 120 days later, so it's about Oct 2006. Shall I request a waiver after Oct 2006 then? As I mentioned above, the additonal document request must be complied by Aug 2006, I guess I still need to do that. I don't know whether I should go to tell the officers in local service about my divorce process now or better later until the final decree?

[JudeT 0]

Hi Sweetgirl,

Thank you for your warm words! I didn't find this forum until 2 days ago and really think this is a very helpful place! Before that, I was almost like blind on many important procedures although I thought I followed the instructions and met all the deadlines.

Now I find simply following the instruction is not enough. I went in "infopass" a couple times and got responses like " well, normally it takes long..you will get notice if they start processing the case". Then, I saw it was kicked around from Vermont to Boston and then to CA. I just didn't know where I could complain about it. Also, Since it didn't affect my conditional legal status while waiting, I didn't push them too much and was very "patient" these year until my recent divorce.

Anyway, all those years passed I have no much to say. Now, I have a timing issue. My divorce was granted in June 2006. According to the court, it won't be final until 120 days later, so it's about Oct 2006. Shall I request a waiver after Oct 2006 then? As I mentioned above, the additonal document request must be complied by Aug 2006, I guess I still need to do that. I don't know whether I should go to tell the officers in local service about my divorce process now or better later until the final decree?

[Sweetgirl 0]

Hi Sweetgirl,

Thank you for your warm words! I didn't find this forum until 2 days ago and really think this is a very helpful place! Before that, I was almost like blind on many important procedures although I thought I followed the instructions and met all the deadlines.

Now I find simply following the instruction is not enough. I went in "infopass" a couple times and got responses like " well, normally it takes long..you will get notice if they start processing the case". Then, I saw it was kicked around from Vermont to Boston and then to CA. I just didn't know where I could complain about it. Also, Since it didn't affect my conditional legal status while waiting, I didn't push them too much and was very "patient" these year until my recent divorce.

Anyway, all those years passed I have no much to say. Now, I have a timing issue. My divorce was granted in June 2006. According to the court, it won't be final until 120 days later, so it's about Oct 2006. Shall I request a waiver after Oct 2006 then? As I mentioned above, the additonal document request must be complied by Aug 2006, I guess I still need to do that. I don't know whether I should go to tell the officers in local service about my divorce process now or better later until the final decree?

/quote]

Hi Judi,

I dont know what to tell you.But my suggestion to you is :

1) You need to hire an attorney, your case is too complicated for peolpe not having a power of an attorney to help you with legal advice here,you can at least call the attorney on the phone and ask some questions about your case ,they are not gonna charge you for that,but will tell you how bad your case is and what to expect and what should be done you know... At least,you will retrieve some proffesssional information out of it.

2) I do suggest to you to visit the www.baraban.com website.

Click on the word immigration,then click ask the lawyers and the topics of the forum will come up.

You can register there in English and ask the real immigration attorneys some questions.

Sometimes these attorneys dont respond enough on the silly questions ,but they are defenetely gonna respond on your story.

Post all your story and everything you have posted there too. You will get an immigration advice for free,but still i am sure that they will suggest you to hire an attorney in your area after answering the questions.

If you will not be able to figure out how to register there ,let me know and i can post your briefly described story there. But i am sure there is an English word button there, where you can register in english,i think its on the top of the page.

Hope this will help.

Best wishes.

Sincerely.

Hi Sweetgirl,

Thank you for your warm words! I didn't find this forum until 2 days ago and really think this is a very helpful place! Before that, I was almost like blind on many important procedures although I thought I followed the instructions and met all the deadlines.

Now I find simply following the instruction is not enough. I went in "infopass" a couple times and got responses like " well, normally it takes long..you will get notice if they start processing the case". Then, I saw it was kicked around from Vermont to Boston and then to CA. I just didn't know where I could complain about it. Also, Since it didn't affect my conditional legal status while waiting, I didn't push them too much and was very "patient" these year until my recent divorce.

Anyway, all those years passed I have no much to say. Now, I have a timing issue. My divorce was granted in June 2006. According to the court, it won't be final until 120 days later, so it's about Oct 2006. Shall I request a waiver after Oct 2006 then? As I mentioned above, the additonal document request must be complied by Aug 2006, I guess I still need to do that. I don't know whether I should go to tell the officers in local service about my divorce process now or better later until the final decree?

/quote]

Hi Judi,

I dont know what to tell you.But my suggestion to you is :

1) You need to hire an attorney, your case is too complicated for peolpe not having a power of an attorney to help you with legal advice here,you can at least call the attorney on the phone and ask some questions about your case ,they are not gonna charge you for that,but will tell you how bad your case is and what to expect and what should be done you know... At least,you will retrieve some proffesssional information out of it.

2) I do suggest to you to visit the www.baraban.com website.

Click on the word immigration,then click ask the lawyers and the topics of the forum will come up.

You can register there in English and ask the real immigration attorneys some questions.

Sometimes these attorneys dont respond enough on the silly questions ,but they are defenetely gonna respond on your story.

Post all your story and everything you have posted there too. You will get an immigration advice for free,but still i am sure that they will suggest you to hire an attorney in your area after answering the questions.

If you will not be able to figure out how to register there ,let me know and i can post your briefly described story there. But i am sure there is an English word button there, where you can register in english,i think its on the top of the page.

Hope this will help.

Best wishes.

Sincerely.

Yes,and that forum is also conducted in English Language.

[diadromous mermaid 36]

Hi Sweetgirl,

Thank you for your warm words! I didn't find this forum until 2 days ago and really think this is a very helpful place! Before that, I was almost like blind on many important procedures although I thought I followed the instructions and met all the deadlines.

Now I find simply following the instruction is not enough. I went in "infopass" a couple times and got responses like " well, normally it takes long..you will get notice if they start processing the case". Then, I saw it was kicked around from Vermont to Boston and then to CA. I just didn't know where I could complain about it. Also, Since it didn't affect my conditional legal status while waiting, I didn't push them too much and was very "patient" these year until my recent divorce.

Anyway, all those years passed I have no much to say. Now, I have a timing issue. My divorce was granted in June 2006. According to the court, it won't be final until 120 days later, so it's about Oct 2006. Shall I request a waiver after Oct 2006 then? As I mentioned above, the additonal document request must be complied by Aug 2006, I guess I still need to do that. I don't know whether I should go to tell the officers in local service about my divorce process now or better later until the final decree?

Are you certain that the divorce will not be "final" for 120 days, or is there some other criterion, such as your not legally able to re-marry for an additional 120 days? It makes a difference, I think.

Even so, absent a divorce decree, you will not be able to replace the original I-751 with a waiver until you have it. Now, here's what I recommend you ask an immigration attorney...

Technically, you are supposed to inform the Service Centre and your local district office if you separate after jointly filing the I-751.

On the hyperlink I provided from Yates, you'll see the language:

"If the petitioner and beneficiary filed an I-751 petition jointly but

1. separate before a decision is made on the I-751, the beneficiary should notify the NSC that s/he is currently separated by sending a letter to PO Box 82521, Lincoln, NE 68501-2521. The case will then be relocated to the local district office for an interview.

or

2. get divorced while the petition is pending, the beneficiary should file a new I-751 petition with fee (only s/he needs to sign), marking "d" in Part 2. The beneficiary should also request that the Service withdraw the first petition."

If you receive a notice giving you a certain time period to submit additional evidence, by all means send what you have, and don't ignore it. If you have to resubmit later with additional documents, that would be preferred to simply waiting, as there are cases where USCIS has taken the position that an alien ignored an RFE (Request for Evidence) and have denied petitions and applications. Ask your attorney how to proceed with complying with the August 2006 deadline, if you know you'll soon afterwards receive a divorce decree.

[ladi2005 0]

I unfirtunately agree with the answer that you have received from diadromous mermaid. best of luck!

[JudeT 0]

Yes. I will be more proactive now. Guess better to do more than less. I'll schedule infopass next week and see what they will suggest me to do, either re-apply or keep going. The local office once told me that they were short of hands, which might cause the case moved to CA. If I apply the waiver, I guess the case has to travel back here. Anyway, it's their problem. As for divorce, I don't think I received the final decree yet. The 120 days does apply for the remarriage restriction. No matter what, I'm still preparing the documents for August request. see what happens!

Sweetgirl, I tried to log on baraban.com but couldn't find sectcion for immigration and ask lawyer. Could you give me a link? Thanks. I did a search for lawyers last night and couldn't tell who might be a good help or not. I will keep searching and see. How many of you use an attorney for your case?

[diadromous mermaid 36]

As for divorce, I don't think I received the final decree yet. The 120 days does apply for the remarriage restriction. No matter what, I'm still preparing the documents for August request. see what happens!

Do you have a consent judgment of divorce document signed by the judge?

[dmartmar 1]

My ex-husband is now out of the US and doesn't seem willing to help out anymore, although together we filed the joint petition to remove conditions.

But of course! You're now divorced and so he doesn't owe you anything any longer.