HELP Need to File i751 with divorce - Lawyer Recommendation?

[wowzer 0]

Hi Everyone.

I am very scared. I need to file my i751 before January 20th 2010. My marriage has deteriorated to the point where we can no longer spend much time together. We still share the same address etc, but i am now spending time in my work studio. We are NOT divorced.

I am aware of the option filing a divorce waiver: however, I doubt that I have time before my green card expires.

My wife is willing to file Jointly. But the reality is, we would like to divorce.

Can anyone please recommend a NYC Lawyer who is specialized in this area?

Thanks,

Wowzer

[jarl 0]

hillo

your looking divorce lawyer at NYC, or Immigration lawyer?

[Ning 619]

Hi Everyone.

I am very scared. I need to file my i751 before January 20th 2010. My marriage has deteriorated to the point where we can no longer spend much time together. We still share the same address etc, but i am now spending time in my work studio. We are NOT divorced.

I am aware of the option filing a divorce waiver: however, I doubt that I have time before my green card expires.

My wife is willing to file Jointly. But the reality is, we would like to divorce.

Can anyone please recommend a NYC Lawyer who is specialized in this area?

Thanks,

Wowzer

Afraid of what? A divorce at this point isnt going to cause you to be denied for a new green card as long as you married in good faith.

If you both agree to a simple divorce why not do it yourselves? Go to the local court house & ask for the forms. You both fill them out & submit them just as a lawyer would do.

If you feel you need a lawyer look for one that does family law in your area.

[JimVaPhuong 4,863]

Hi Everyone.

I am very scared. I need to file my i751 before January 20th 2010. My marriage has deteriorated to the point where we can no longer spend much time together. We still share the same address etc, but i am now spending time in my work studio. We are NOT divorced.

I am aware of the option filing a divorce waiver: however, I doubt that I have time before my green card expires.

My wife is willing to file Jointly. But the reality is, we would like to divorce.

Can anyone please recommend a NYC Lawyer who is specialized in this area?

Thanks,

Wowzer

Afraid of what? A divorce at this point isnt going to cause you to be denied for a new green card as long as you married in good faith.

If you both agree to a simple divorce why not do it yourselves? Go to the local court house & ask for the forms. You both fill them out & submit them just as a lawyer would do.

If you feel you need a lawyer look for one that does family law in your area.

I don't think OP is concerned that the divorce will mean a denial. I think he/she is concerned that the divorce won't be final before the conditional green card expires. You can't file for a joint-filing waiver based on "good faith" until you have a final divorce decree. A pending divorce is not good enough.

Wowzer, at the very least you need to file for the divorce as soon as possible. USCIS might very well start removal proceeding if you don't file the I-751 before your conditional green card expires, and you can't self-petition based on divorce until the divorce is final. If it becomes obvious you won't get the divorce in time then you have a couple of options.

1. You can wait until USCIS starts removal proceedings, and then ask the immigration judge for a stay pending the outcome of your divorce. They almost always grant these requests. The immigration judge will then adjudicate your I-751 after your divorce is completed. However, you MUST have started the divorce process. The judge may not grant your stay if you haven't filed for the divorce yet.

2. You can file within the 90 day time period for a waiver based on extreme hardship. Realistically, this waiver will be denied, but it will buy you some time to wait out your divorce. When you get the final divorce, withdraw the original petition and file a new I-751 with a waiver based on the divorce.

If you don't think you can handle this on your own, then consult with a lawyer. I think you need a divorce lawyer to handle the divorce, and an immigration lawyer to handle the green card petition.

[3600rs 24]

JimVaphuong:

" You can wait until USCIS starts removal proceedings, and then ask the immigration judge for a stay pending the outcome of your divorce. They almost always grant these requests. The immigration judge will then adjudicate your I-751 after your divorce is completed. However, you MUST have started the divorce process. The judge may not grant your stay if you haven't filed for the divorce yet."

I think its the IJ who will adjudicate the I 751 IF AND ONLY IF the USCIS denies it. Correct me if I am wrong.

Edited August 31, 2009 by 3600rs

[3600rs 24]

Hi Everyone.

I am very scared. I need to file my i751 before January 20th 2010. My marriage has deteriorated to the point where we can no longer spend much time together. We still share the same address etc, but i am now spending time in my work studio. We are NOT divorced.

I am aware of the option filing a divorce waiver: however, I doubt that I have time before my green card expires.

My wife is willing to file Jointly. But the reality is, we would like to divorce.

Can anyone please recommend a NYC Lawyer who is specialized in this area?

Thanks,

Wowzer

Get a lawyer who can handle family and well as immigration law.

www.ailia.org

www.lawyers.com

www.superlawyers.com

www.avvo.com

[Anamaria2009 1]

I went threw a divorce in NYS. ... unfortunately I didn't know better and I hired a lawyer ...

you don't need lawyers involved as long as there are no disputes between the two of you regarding assets, kids and so on...

go to a family court and find out what forms you have to file. You could also get an Mediator (is like a lawyer for the both of you) and save money and time. Immigration-wise - an issue might arise only if you cannot prove a bonafide marriage. If you spouse is supportive, you will get a affidavit from her stating the good faith marriage. You could also seek advice from organisations that helps immigrants.

Good luck

and stay away from the lawyers ... they'll take all your money and then some (get you in debt).

[trillium13 84]

I went threw a divorce in NYS. ... unfortunately I didn't know better and I hired a lawyer ...

you don't need lawyers involved as long as there are no disputes between the two of you regarding assets, kids and so on...

This is true, but FYI-there is no "no-fault" divorce in NYS. You have to have a "reason" or grounds. You may need a lawyer to advise you on the best direction to go.

I was divorced in NYS also.

[JimVaPhuong 4,863]

JimVaphuong:

" You can wait until USCIS starts removal proceedings, and then ask the immigration judge for a stay pending the outcome of your divorce. They almost always grant these requests. The immigration judge will then adjudicate your I-751 after your divorce is completed. However, you MUST have started the divorce process. The judge may not grant your stay if you haven't filed for the divorce yet."

I think its the IJ who will adjudicate the I 751 IF AND ONLY IF the USCIS denies it. Correct me if I am wrong.

Once the case goes into removal proceedings then the "jurisdiction vests with the immigration judge", in the words of CFR 8, Section 216. Who decides depends on who had jurisdiction when the I-751 petition was filed. If filed before the judge gets jurisdiction then USCIS decides. If USCIS denies, then the alien can appeal to the immigration judge. If filed after the judge gets jurisdiction then the judge can adjudicate the petition, if both petitioner and USCIS file a joint motion for the judge to do so. USCIS will almost always agree to such a motion. In addition to adjudicating the I-751, the judge will also have to excuse the late filing, but this is virtually guaranteed since the alien had "good cause" since they had to wait for the final divorce.

[Anamaria2009 1]

They can choose the ground. Most of the couples that have an amiable divorce go for constructive abandonment - which means you didn't have marital relationship in the last year.

If you file a complaint stating that you didn't have sex in the last year and she doesn't contest your complaint, the case will go on the schedule for uncontested divorces and you might get the decree in about 3-4 months.

If she contest the divorce, it can take years. But according to what you are saying, she cooperates.

I advise to get a mediator if you don't have the time to look up and do all the paperwork.

You will need a story for USCIS about your split up 1 year ago (if you choose this ground).

Other grounds: adultery, cruel and inhuman treatment....

[3600rs 24]

JimVaphuong:

" You can wait until USCIS starts removal proceedings, and then ask the immigration judge for a stay pending the outcome of your divorce. They almost always grant these requests. The immigration judge will then adjudicate your I-751 after your divorce is completed. However, you MUST have started the divorce process. The judge may not grant your stay if you haven't filed for the divorce yet."

I think its the IJ who will adjudicate the I 751 IF AND ONLY IF the USCIS denies it. Correct me if I am wrong.

Once the case goes into removal proceedings then the "jurisdiction vests with the immigration judge", in the words of CFR 8, Section 216. Who decides depends on who had jurisdiction when the I-751 petition was filed. If filed before the judge gets jurisdiction then USCIS decides. If USCIS denies, then the alien can appeal to the immigration judge. If filed after the judge gets jurisdiction then the judge can adjudicate the petition, if both petitioner and USCIS file a joint motion for the judge to do so. USCIS will almost always agree to such a motion. In addition to adjudicating the I-751, the judge will also have to excuse the late filing, but this is virtually guaranteed since the alien had "good cause" since they had to wait for the final divorce.

Well, I somewhat agree to you, but not completely. Especially in the waiver cases like the above, even if the removal comes first, the IJ will direct the 751 waiver application with the decree to the USCIS and will adjudicate it only if the waiver is denied. Its the USCIS who will investigate the waiver completely and deny, the IJ only looks at the merits and demerits on both sides after a denial and gives the final word.

I agree that the IJ excuses all good causes for late filing, so for the OP there is no need to worry. Also there is nothing like a Petitioner-USCIS joint motion to make a Judge adjudicate. Its the judge who has to make sure that USCIS fairly denied the petitioners application, and the OP's lawyer to refute the reasons of denial with evidence.

I am not a lawyer but a learner...feel free to pour your views Jim.

[JimVaPhuong 4,863]

JimVaphuong:

" You can wait until USCIS starts removal proceedings, and then ask the immigration judge for a stay pending the outcome of your divorce. They almost always grant these requests. The immigration judge will then adjudicate your I-751 after your divorce is completed. However, you MUST have started the divorce process. The judge may not grant your stay if you haven't filed for the divorce yet."

I think its the IJ who will adjudicate the I 751 IF AND ONLY IF the USCIS denies it. Correct me if I am wrong.

Once the case goes into removal proceedings then the "jurisdiction vests with the immigration judge", in the words of CFR 8, Section 216. Who decides depends on who had jurisdiction when the I-751 petition was filed. If filed before the judge gets jurisdiction then USCIS decides. If USCIS denies, then the alien can appeal to the immigration judge. If filed after the judge gets jurisdiction then the judge can adjudicate the petition, if both petitioner and USCIS file a joint motion for the judge to do so. USCIS will almost always agree to such a motion. In addition to adjudicating the I-751, the judge will also have to excuse the late filing, but this is virtually guaranteed since the alien had "good cause" since they had to wait for the final divorce.

Well, I somewhat agree to you, but not completely. Especially in the waiver cases like the above, even if the removal comes first, the IJ will direct the 751 waiver application with the decree to the USCIS and will adjudicate it only if the waiver is denied. Its the USCIS who will investigate the waiver completely and deny, the IJ only looks at the merits and demerits on both sides after a denial and gives the final word.

I agree that the IJ excuses all good causes for late filing, so for the OP there is no need to worry. Also there is nothing like a Petitioner-USCIS joint motion to make a Judge adjudicate. Its the judge who has to make sure that USCIS fairly denied the petitioners application, and the OP's lawyer to refute the reasons of denial with evidence.

I am not a lawyer but a learner...feel free to pour your views Jim.

I'm not a lawyer, either, and I could be wrong about this. In going back and re-reading 8 CFR section 216 I can only find reference to the immigration judge adjudicating a JOINT petition when the petition was filed after the judge received jurisdiction. Section 216(5), which deals with waivers, doesn't mention this.

[wowzer 0]

Hi Everyone,

Thank you for your responses - it is me Wowzer the poster of the original question.

I have figured out how to get a divorce without a lawyer - it looks pretty simple. Thanks for the advice there.

What I am looking for is an IMMIGRATION lawyer here in NYC anyone can recommend. I am worried about "trust" - I don't want to give money to the wrong person. And i dont want to be penny smart pound foolish. This is my whole life. I have looked at two options so far:

Fragommen (VERY EXPENSIVE but great CRED - is it really worth it?) and a guy named DAVID KATONA (he seems very knowledgable and nice - but he's just a small firm)

I am SCARED because I feel like i ruined everything with my wife and it will now kick me in the #### immigration wise.

My marriage was bonafide. I know this. But will I have enough evidence???

We live in NYC, we are young, and we're not your typical middle america couple. We didn't have a lease - aka craigslist rentals. We don't have kids. We are both freelancers and keep close tabs on our incomes. (i.e. keep our money in separate accounts for tax deduction purposes)- so even though we technically had a joint account, we never used it - not even once.

We did however file our taxes jointly.

We did travel together and I have the itineraries

We have tons of pictures of us together with friends, our parents, and on holidays

My wife corresponded with my mother frequently and I have the letters, emails

We are beneficiaries on each others bank accounts

Our Bank Statements, Credit Card Statements, Phone Bills etc all go to same address.

For over two years, we were on Family Share Plan Phone (until i got iphone!)

I have many friends who are willing to sign affidavits. (including her brother and my parents)

I hope this will be enough,.

LAST WEEk she was willing to file jointly with me if I wanted. This week she is threatening to throw out all my immigration forms and has taken my name off the mail box.

(IF that isn't evidence of a Bonafide Marriage - ie fighting, I don't know what is)

I feel stupid and terrified. My whole life is here and i don't want to lose it.

What if we did file jointly but then seperated (not divorced afterwards) - what if there is an interview???

Should I just feel confident and end the marriage or is it safer to stay married even though it is all falling apart. It doesnt say anywhere on the i751 that u have to be "Happily Married"

We are going through REAL problems that come with REAL relationships. Your advice is much appreciated.

WOWZER

[JimVaPhuong 4,863]

I wouldn't recommend filing jointly if there is that much tension between you, and if she is waffling back and forth on the issue. If you file jointly and then she changes her mind, it might only take one letter from her to USCIS to trigger an interview. Depending on her mood the day of the interview, it could go well, or horribly wrong.

How fast can you get the divorce, assuming she doesn't contest it? Can you get it before your conditional green card expires?

Gather up all of your documents and evidence and sock them away somewhere your wife cannot get to them. Your evidence is not extensive, but it sounds reasonable for a young couple. If the evidence covers the entire length of your marriage, then I think you probably have enough, but I'm only going by what I've seen other people write here.

Your safest bet is to get the divorce and then self-petition. Your wife won't be involved in the process. She could still send letters to USCIS, but they tend to ignore accusations from an ex-spouse without concrete evidence.

Good luck!

[Anamaria2009 1]

"I feel stupid and terrified. My whole life is here and i don't want to lose it."

This sais it all. I've been there, done that. I was scared as hell. I had a very revengeful American spouse who called the USCIS and ICE more then 1 year ago and tried desperately to have me deported. Didn't happen.... You are innocent until proven guilty.

So, just take a deep breath and try to think straight. First, I think you should get a divorce decree. Ask her to file for it but cooperate in this process so it will go fast. From the moment the divorce papers are filed, it takes approx. 1 month in which the other party can file a response to the complaint. If this doesn't happen then is uncontested divorce (you could ask the local family court how long does it usually take because each court is more or less busy ... and then you will have a better idea how much time do you really have).

In any case, you have to file the I-751 in the 90 days window, otherwise things might get complicated.

Immigration wise, the evidences of bonafide marriage that you mentioned are enough - especially the affidavits from friends/relatives and from your wife! (I interviewed a bunch of immigr. lawyers that told me this. I didn't hired any of them because I truly believe is a lot of money wasted ... as long as I could do the paperwork myself, I rather spend the thousands of dollars on something else. To feel more secure, look up for organizations that help immigrants for a flat rate or small fee - as Catholic Charities - but stay away from lawyers and retainers as it will ruin you!).

“A bad lawyer can let a case drag out for several years.

A good lawyer can make it last even longer “