interview for removal of conditional status.

[alozor 1]

hi

i have an interview nov 18 2009 for removal of conditional status.

i married my wife in 2004. after 2 years our relationship was in turmoil so we decide to take a needed break from each other. i moved to a friend for a little while.

a few weeks later i received a phone call from a friend in indiana who tell me that my wife is pregnant from a guy she met at a bar.

asked him how he know it and told me that she called him. she decide to stay with this guy. that was basically the end of our relationship. meanwhile i file for i-751 with a lawyer. of course she didnt sign the petition and she's not gonna show up at the int. she kept most of my stuff and i was left high and dry. all the evidence i have is copies of the 2 joints bank accounts we had.

i know each case is unique and mine is complicated but anybody who was in a similar situation maybe...

me and my wife havnt talk to each other for the past 2+ years. but i want to divorce her soon.

need some advice.

[rika60607 215]

Your petition can not be approved because you are not divorced but not living happily with your wife either.

You have to go to the interview because if you don't, your case will be considered abandoned and therefore denied.

Is it possible to re-schedule the interview? If you were separated from your wife for 2+ years you may be able to get divorced quickly.

BUT You need an Immigration lawyer and you need to file for divorce ASAP! And all that is no guarantee that you can prove bona fides of your marriage to satisfaction of your interviewer.

[mozplay 29]

Definitely go to the appt. and explain your situation. The adjudicator will let you know what you need to do. Take every scrap of evidence you have.

Good luck!

[candelari 0]

Definitely go to the appt. and explain your situation. The adjudicator will let you know what you need to do. Take every scrap of evidence you have.

Good luck!

Yes you need to go to the interview. You will probably assign to gather with some more proof and timeline but since you have been married for such a long time your case should be o.k I don't think IO will see this case as fraud therefore won't deny. S/he will let you know what to do. Having a lawyer during interview will help.

[rika60607 215]

Having been married for such a long time is not going to help much, since most of that time they lived apart and did not even speak to each other. I did not hear yet of second interviews scheduled to allow petitioner to collect more evidence. Of course, he'll have a second chance in front of immigration judge, but as of now, his situation is not cool.

Yes you need to go to the interview. You will probably assign to gather with some more proof and timeline but since you have been married for such a long time your case should be o.k I don't think IO will see this case as fraud therefore won't deny. S/he will let you know what to do. Having a lawyer during interview will help.

[alozor 1]

i know it dont look good. besides, i spent 8 weeks in a detention center in arizona because ICE officer concluded that my case wasn't current anymore when in fact it was. the immigration judge eventually dismissed my case and i got released. my i-751 got denied the first time because i never received the appointment letter so i did not show up at the interview. i re-applied last year with a lawyer and got a new extension.

what a pain!!!!

[rika60607 215]

8 weeks in detention center by mistake of ICE officer can not influence your case negatively.

Do you understand that you need a divorce ASAP if you want to have a chance to successfully remove conditions?

[alozor 1]

8 weeks in detention center by mistake of ICE officer can not influence your case negatively.

Do you understand that you need a divorce ASAP if you want to have a chance to successfully remove conditions?

A recent memorandum issued by Donald Neufeld changed this policy.i can file either a joint petition or a waiver post separation but prior to divorce.

anyway, my interview is in less than 2 days now...

i only have joint bank accounts statements... she has everything else.

[rika60607 215]

Yes you can file,

but to the best of my knowledge you can not be approved.

Good luck and please let us know how it goes!

PS. May be you could at least ask several people who knew about your marriage to write you an affidavit as a testimony to your marriage being bona fide?

8 weeks in detention center by mistake of ICE officer can not influence your case negatively.

Do you understand that you need a divorce ASAP if you want to have a chance to successfully remove conditions?

A recent memorandum issued by Donald Neufeld changed this policy.i can file either a joint petition or a waiver post separation but prior to divorce.

anyway, my interview is in less than 2 days now...

i only have joint bank accounts statements... she has everything else.

[candelari 0]

I know I am kind of late to give you this advice but maybe it works,

If you ever shared an apartment/lease together, the apartment complex should have your record. Lease or just general information.

If you ever file for tax return you can always get copy from IRS

If you and your wife ever had the same address on both ID's you may try to request copy of it.

Affirdavits from friends definetely very strong evidence consider the situation.

Please let us know the result of the interview....

Good luck!

[alozor 1]

came back from interview.

unfortunately, rika60607 was right.

my lawyer file a waiver and stated that i was divorced (which i didnt know he did).

since i'm not divorce the officer wasn't able to approve my petition. i will then get a denial letter.

i contacted my wife and she wants to divorce amicably.

now i have 2 options:

apply again for waiver and get divorce at the same time and wait to get divorce decree.

wait for court hearing and convince the judge that he needs to re-open my file because the divorce is in process (very risky)

that will may be the third i-175 petition that i apply for

(first one was lost in mail: so failure to appear. petition denied)

also they kept my expired green card which i expected.

[rika60607 215]

I am very sorry, I wish I was wrong in this case.

I will try to think about your situation... apart from not having the divorce, was the officer satisfied with your evidence of bona fide marriage?

came back from interview.

unfortunately, rika60607 was right.

my lawyer file a waiver and stated that i was divorced (which i didnt know he did).

since i'm not divorce the officer wasn't able to approve my petition. i will then get a denial letter.

i contacted my wife and she wants to divorce amicably.

now i have 2 options:

apply again for waiver and get divorce at the same time and wait to get divorce decree.

wait for court hearing and convince the judge that he needs to re-open my file because the divorce is in process (very risky)

that will may be the third i-175 petition that i apply for

(first one was lost in mail: so failure to appear. petition denied)

also they kept my expired green card which i expected.

PS. Read this thread, it may be helpful to you.

http://www.visajourney.com/forums/index.php?showtopic=229190

Edited November 18, 2009 by rika60607

[alozor 1]

I am very sorry, I wish I was wrong in this case.

I will try to think about your situation... apart from not having the divorce, was the officer satisfied with your evidence of bona fide marriage?

well i answered all his questions.

he asked me why we split, name of her parents, date of birth of her and her daughter, where we got married etc...

i couldnt tell if he was satisfied or not but i gave him honest answers.