Is a lawyer needed in this particular I751 waiver case?

[Valmom 0]

Hello everyone! I am trying to get some suggestions regarding this situation.

I have met my boyfriend a little over 2 months ago and we hit it off right away. We are now living together.

He is a wonderful guy and I am very happy with him, but right now he is going through a divorce from his USC wife, who he got married to a little over 2 years ago. He had his first interview for the conditional green card a year ago in august when they were still together, she even hired a lawyer to go with them (not sure why). Their marriage was entered in a good faith and they had a levish wedding in the spring of 2006. But at the same time, their problems started and not just problems, but she became very aggressive and controlling. She physically and verbally abused him and there is plenty of proof of that. Police report, pictures, medical records from hospital emergency room, therapist records, even phone taped conversations where she was threatening to physically harm him, calling him horrible names and his family members and with the deportation.

Anyway, they have been separated from the middle of June of this year. After she found out that he filed for a temporary restraining order, she filed for divorce. Recently he was granted another temporary restraining order against her.

His conditional green card expires next August, but in the meantime, he is thinking of filing for a waiver based on conditions of cruelty. As I said, there is plenty of evidence and this is not the question whether he should or not file a waiver, but my question is for those who have gone through similar case.... Does he need a lawyer to file papers for him? Or would he only need a lawyer if and when he is called for the interview?

I have no problem helping and filing the papers and gathering all the materials needed. But my question is, if he is called for an interview, will a lawyer need to be present or it's not necessary to have one? Will the lawyer be willing to only go for an interview or will he/she want to file the case as well? Can I go as an interpreter?

When filing papers, other than presenting the materials of abuse (physical and verbal), will he need to present other material as far as proofing that the marriage was entered in good faith? If that's the case, what kind of material will he need to provide?

I am a USC and have filed myself previously for my former husband (a father of my child), so I have plenty of experience in filing these kind of papers. It's just this case is different, that is why I'd like to get opinions from others.

I would like to hear from those who have gone through similar cases.

Thank you!

[Kathryn41 3,205]

From the sounds of things as you described them he shouldn't need a lawyer. His case sounds pretty straight forward since you have the evidence of the abuse. If he wished, he could also just wait until the divorce is complete and just request the waiver because of the divorce.

He will need evidence to prove the validity of the marriage - joint tax returns (which he can order free from the IRS), evidence of mingled financial, personal and social lives. Documents can include copies of lease or mortgage with both names, joint bank account statements, joint credit card statements, each named as beneficiaries on insurance policies; joint loan documents; driver's licenses showing same address; vehicle registrations and insurance with both names; utility bills with both names or under each name but for the same address, affidavits from individuals who can testify to the validity of the marriage, things like that. The more variety you have covering the whole period of the marriage -or until it broke down - the better it is. Think creatively of things that show the marriage was valid and they were both living at the same address. The police documents will also help to verify that.

Good luck to him and to you.

Edited September 26, 2009 by Kathryn41

[Rings 10]

Proving he entered the marriage in good faith is step 1. He can file either waiver if he has the evidence (that's step two) so gather the evidence of their marriage and co mingling of their lives, then I would look at both ways of filing and see which one is processed faster. It's a lot harder to file abuse than it would be for him to file divorced.

[Valmom 0]

Thank you, guys! He does have the above mentioned documents to proof the marriage was real (tax returns, bank accounts, leases, car insurance, credit cards, etc.)

The problem is that she is a wacko and told him numerous times that she will report him to immigration for entering into a marriage for fraud. I personally think she is just trying to make him scared. All the things that she did to him will be more than enough to show that she is not normal. On top of it she is a lawyer herself (not immigration). This is scarry that we have people that are representatives of our judicial system who are wackos.

If he waits till his divorce, he might miss the deadline of filing for removal of condiditional residency. That's one of the concerns. But he and I feel there is plenty of evidence that he can file a waiver based on cruelty, both physical and verbal.

So, my guess is if he presents all the material, he will not need a lawyer to represent him during the interview?

Am I correct?

Edited September 26, 2009 by Valmom

[Rings 10]

She can say anything she wants, the government asks for valid proof and if he has those documents already then her acusations aren't going to amount to much. Not to mention that they will not even has to go to court or even hear her side of the story when he files removal. All he has to do is mail in the petition. A divorce takes like 3-4 months so he should just go to the county clerk and ask for a divorce packet and file the divorce himself to speed up the process. It will cost him like $35 for the packet and all he has to do is follow the instructions. He does not need to waste time and money on a lawyer when he can do this himself. After she is served with papers for the divorce they will give them a court date and if that court date is not going to give him enough time to file for the removal, then he should go the abuse route and file anyway, but I would start off with the divorce if possible because it's faster and easier to do than filing abuse. So if he can avoid the hassel then he should try. As for the evidence of her abuse on tape, please look into the recording laws. What state are you in?

[Valmom 0]

Hello Rings,

As I have mentioned in the first post, she has already filed for divorce in July. So it's in the process. He has a divorce attorney that is working with and she does as well and she is paying the mega bucks too!

In California it takes minimum 6 months to divorce, but they have some monetary issue to discuss as well, because he left few things with her.

Yes, in California tape recording is not admissible in court, but the judge still took into consideration, I think because of the fact that the wife is a lawyer herself and the things she was talking about is unbelievable!

You think Immigration will not accept the transcripts with translations?

[Rings 10]

Sorry about that I didn't realize there was already a divorce in place. Do they have a court date yet? They will probably accept the transcripts as a formn of evidence, but I was merely stating that the divorce removal would be easier to do than the abuse. It's just a lot less to prove and a lot quicker so if you can do that then I would if I were you. If you can't do that quickly enough then file the abuse and see how it works out. If you look at the form for the removal of conditions if gives you a complete set of instructions on what you should provide.

[Valmom 0]

Thank you for all the info! No, no court date yet. Lawyer recently said maybe in 4 months.

In case he decides to go only through the divorce and not abuse, will he be able to ask for an extension of the Conditional Green Card until he can file a waiver based on the divorce?

Not sure how that works.

But my question is, for instance we don't need a lawyer filing the papers, will he need one when he goes for an interview, if he is called for one? Have there been cases, where people were not called for an interview based on a waiver?

Can I go as an interpreter, even if we are involved?

[JimVaPhuong 4,863]

Thank you for all the info! No, no court date yet. Lawyer recently said maybe in 4 months.

In case he decides to go only through the divorce and not abuse, will he be able to ask for an extension of the Conditional Green Card until he can file a waiver based on the divorce?

Not sure how that works.

But my question is, for instance we don't need a lawyer filing the papers, will he need one when he goes for an interview, if he is called for one? Have there been cases, where people were not called for an interview based on a waiver?

Can I go as an interpreter, even if we are involved?

No extension of the conditional green card through USCIS. They will probably start removal proceedings when his green card expires. He can ask the immigration judge for a postponement until the divorce is final. These requests are usually granted.

If he's going to hire a lawyer, then hire one for the entire process. Hiring a lawyer just for the interview is like preparing your own defense in a criminal trial, and hiring a lawyer just for the trial. If the lawyer isn't involved at every step, they aren't going to be able to help you much. His case sounds pretty straightforward. Save your money.

I'd recommend applying for the waiver based on the divorce. Both waivers require proof of marriage in "good faith", but the waiver based on abuse requires additional evidence of the abuse. The only additional evidence required for a waiver based on divorce is the final divorce decree.

Lot's of I-751's with waiver requests are approved without an interview. Maybe even most.

Most USCIS offices will not permit an interviewee to provide their own interpreter. They will either provide one from their staff, or they'll use a telephone interpreter on speakerphone. If he get's called in for an interview he should receive instructions about what to do if he needs an interpreter. In all likelihood, they will not allow you to interpret for him.

[Valmom 0]

Thank you Jim! So hopefully divorce will be final before he enters the 90 day filing period. This would be the best way to go I guess.

As far as interpreter, when he went with the wife for his initial interview to get the conditional residency, they brought their own interpreter (her friend)

[Rings 10]

Thank you Jim! So hopefully divorce will be final before he enters the 90 day filing period. This would be the best way to go I guess.

As far as interpreter, when he went with the wife for his initial interview to get the conditional residency, they brought their own interpreter (her friend)

The most painless process would be for you to try to wait out the divorce. You should try to push your current lawyer for the divorce date. A interpreter will work for you as long as they are not linked to the family in any way. If you want this as clean cut as possible, then try to avoid the whole abuse thing because that takes longer and has a tendacy to raise more unwated immigration flags. Even if it is legit that he was abused, it's still a harder case to beat than applying to remove conditions based on divorce. Please be very detailed in your paperwork and make sure he has tons of evidence that proves his good faith marriage. That really honestly is HUGE when it comes to this.

[Valmom 0]

Thank you Jim! So hopefully divorce will be final before he enters the 90 day filing period. This would be the best way to go I guess.

As far as interpreter, when he went with the wife for his initial interview to get the conditional residency, they brought their own interpreter (her friend)

The most painless process would be for you to try to wait out the divorce. You should try to push your current lawyer for the divorce date. A interpreter will work for you as long as they are not linked to the family in any way. If you want this as clean cut as possible, then try to avoid the whole abuse thing because that takes longer and has a tendacy to raise more unwated immigration flags. Even if it is legit that he was abused, it's still a harder case to beat than applying to remove conditions based on divorce. Please be very detailed in your paperwork and make sure he has tons of evidence that proves his good faith marriage. That really honestly is HUGE when it comes to this.

[Valmom 0]

Hi Rings!! And thanks again!

When you say, he needs tons of evidence that the marriage was legit, can you be more specific please?

you mean joint tax returns, credit card bills, lease agreements, insurance, pix etc? What else would they need?

So you are saying that I can go as interpreter since I am not a relative?

Thanks!

[Rings 10]

Hi Rings!! And thanks again!

When you say, he needs tons of evidence that the marriage was legit, can you be more specific please?

you mean joint tax returns, credit card bills, lease agreements, insurance, pix etc? What else would they need?

So you are saying that I can go as interpreter since I am not a relative?

Thanks!

He needs the lease, medical insurance documents, electrical bills in both names, tax returns filed jointly, credit cards, etc... anything he can get. Affidavits from family members and neighbors (notarized is always better) anything he can get onto paper that can be seen as legitimate.

You can interpret for him as long as you are not family and have no current connection. If i were you and had the money, I would hire a 3rd part interpreter for legitimacy purposes. You can probably still do it if there is no legitimate paperwork link to you, but I don't recommend it if you are planning a future with him. That is simply to avoid suspicion really. Depends on what you can aford, but think smart and think about what I am saying to you here.

Trust me the divorce is going to cause you a lot less of a problem than filing for abuse. I assure you that much. I recommend that you open the instructions to the removal of conditioons form at www.uscis.gov and read them closely. They will help you more than anyone here can. Read the form please... never hurts to read the complete instructions before hand.

[JimVaPhuong 4,863]

Thank you Jim! So hopefully divorce will be final before he enters the 90 day filing period. This would be the best way to go I guess.

As far as interpreter, when he went with the wife for his initial interview to get the conditional residency, they brought their own interpreter (her friend)

Ok. Once again, I got stale information from an article by an attorney. Don't know why I keep reading them, but they're addicting.

I found this document on the "new" USCIS website:

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

It says on page 45 that USCIS does not provide translators, so you have to bring a translator with you. (Apparently, this was also their policy years ago, but the attorney's article I read earlier said they reversed that policy and started using their own translators because too many people were providing translators that were speaking on behalf of the applicant, instead of translating what the applicant said.) It also says that an immediate relative should not be used as a translator unless it's an emergency. You should get a translator who is a "disinterested third party". This next statement is important:

*Please note that local offices have the discretion to accept or reject any person as a translator.

This means you can probably expect the IO to ask you a few questions before allowing you to translate.