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Posted
Is the OP getting divorced and will apply for a waiver? If so, I was advised that what does matter is MOSTLY the bonafide nature at THE TIME OF MARRIAGE. Not if the marriage worked out or anything like that. So, proof of what happened after marriage is good, but is not the most important thing. And what happened before the marriage (including dating, etc.) becomes super important, as you have to prove you married in good faith.

Yes I am seeking waiver due to divorce. I have been doing some research on this topic and it seems like good intent and faith at the time of marriage can be proved by what happened during the marriage. Joint financial assets, insurances, leases, property show good faith marriage. If some one gets married just for immigration prupose, they would keep the financial assets/property seperate.

Filed: AOS (pnd) Country: Moldova
Timeline
Posted
Uh, good for you, but (1) exactly how does your post add to this thread (did you not even read the posts by TracyTN & Chica Yeye?), and (2) you dated for about "2 and a half" what -- nanoseconds, minutes, days, centuries, millennia?

1) op was worrying about short-term dating, hence the title.

2) re-read the op's post and use context clues this time, please.

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted (edited)
1) op was worrying about short-term dating, hence the title.
And the question was answered (rendering the concern irrelevant) in posts #2 & #4. After that, you responded.
2) re-read the op's post and use context clues this time, please.
Poor writers can cause meanings to be teased from sentences. Do readers edit & speculate, or do they immediately understand the meaning of your writing? Be clear, & don't force rereading.

English began as a primarily oral language. The difference between oral & written: Oral = "please say that again." But you CAN'T QUERY TEXT. Text must supply information on itself so that the meaning is immediately clear. Tease the meaning, lose the message. That was the point.

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Filed: AOS (pnd) Country: Moldova
Timeline
Posted

I have expressed my personal experience in regard to short dating before getting married, that's it. what have you done in this thread?

Obviously, it was clear enough for others to understand what i've meant by two and a half, but only you had to be a ####### about it.

Posted (edited)

Well, the reason I asked is because I got the impression that you did NOT have sufficient evidence from after the marriage... in that case, lawyers say what is important is to prove the good faith at the time of marriage. Even the waiver box in the application says that. "Married in good faith..."

Now, if you do have evidence of the bona fide marriage in addition to your short dating period material, of course it's great. I just had a legal aid lawyer tell me that I can submit the same evidence from the AOS interview and I should be fine. And that if I had more from the marriage time, that's even better.

Is the OP getting divorced and will apply for a waiver? If so, I was advised that what does matter is MOSTLY the bonafide nature at THE TIME OF MARRIAGE. Not if the marriage worked out or anything like that. So, proof of what happened after marriage is good, but is not the most important thing. And what happened before the marriage (including dating, etc.) becomes super important, as you have to prove you married in good faith.

Yes I am seeking waiver due to divorce. I have been doing some research on this topic and it seems like good intent and faith at the time of marriage can be proved by what happened during the marriage. Joint financial assets, insurances, leases, property show good faith marriage. If some one gets married just for immigration prupose, they would keep the financial assets/property seperate.

Edited by resilient

Mar. 2011: I-751 waiver petition sent (divorce decree missing); decree rcvd' & sent: Apr. 2011

Oct. 2011: permanent GC approved (no interview); rcvd': Dec. 2011

Dec. 2013 - Citizenship application N-400 (90 days to 5 yr. LPR)

Sorry, I deleted my personal data / timeline info because of a crazy person/stalker in the site - you never know what a disturbed person can do...

if you need any info, feel free to ask me =)

Filed: Timeline
Posted
I have been married for a year but things are not looking good. I got my conditional greencard in may 2008. We only dated for 3 months before we got married. Will that be a red flag in I-751 waiver application ? We met online and quickly fell in love.

Hi:

I don't see any problem or red flags with your waiver application. You were granted your conditional green card in may 2008, that's considerable time after you got your conditional green card.

I don't see any reason for a denial with a valid divorce decree and reasonable amount of proof. Your prior dating history has been already looked at during the adjustment.

Posted
It's not easy if there is no evidence of family violence.

Would you stop posting on people's topics stuff that is not true?!

The OP can file with a waiver with his divorce decree and send in the proof of bonafide marriage and still be approved.

ROC 2009
Naturalization 2010

Filed: Citizen (apr) Country: Canada
Timeline
Posted (edited)

An I-751 waiver is filed if the applicant is divorced OR if there is evidence of violence that has led to the break up of the relationship. It is not necessary that there be both. Many,many marriages that founder have absolutely no violence involved either in the marriage or in the break-up - it just didn't work out for whatever reasons. USCIS isn't assuming that violence is the only reason for a marriage to end and certainly accepts that sometimes - in spite of everyone's best efforts - divorce happens. Most people get married with every intent of making the marriage work. While there are few marriages that are entered for immigration benefits that is not the norm - nor is getting divorced because of violence the norm. If the applicant files an I-751 with a request for a waiver, then USCIS will look at the circumstances surrounding the start of the marriage and during of the marriage. They want to see evidence that the applicants started their married life with the intent of being married - of co-mingling their financial, personal and social aspects of their lives. That is all there is to it. The OP just needs to prove that they married with every intent of making the marriage work - and unfortunately, it just didn't. It is just that straight forward.

Edited by Kathryn41

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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Another Member of the VJ Fluffy Kitty Posse!

Posted (edited)
I have been married for a year but things are not looking good. I got my conditional greencard in may 2008. We only dated for 3 months before we got married. Will that be a red flag in I-751 waiver application ? We met online and quickly fell in love.

Hi:

I don't see any problem or red flags with your waiver application. You were granted your conditional green card in may 2008, that's considerable time after you got your conditional green card.

I don't see any reason for a denial with a valid divorce decree and reasonable amount of proof. Your prior dating history has been already looked at during the adjustment.

One big redflag can be my soon to be x-wife writing letter to USCIS and accusing me of fraud. I have heard that can be countered with good faith proof and proof of abuse if there was any against the immigrant. I have one police report against my wife which mentions her throwing stuff around in house and trying to comit suicide. Also will be able to get a letter from the therapist who I was seeing during marriage mentioning mental abuse against me. Not sure if this evidence is enough for abuse waiver though.

Edited by brnie80
Filed: Citizen (apr) Country: Canada
Timeline
Posted

If you are divorced, just file for the waiver on its own. You can use the incidents you quote as evidence to show why the marriage broke up, but you don't need to prove abuse to file for the waiver. Some marriages just don't work out due to a variety of reasons. Provide the bona fides to show that you married in good faith, tried to live your lives together as a married couple, but that the marriage didn't work. Your ex-wife would have to provide 'proof' of fraud as well - she can't just say it because USCIS is well aware that couples who have broken up are often not on best of terms with each other and sometimes try to hurt the other through such types of accusations. Get the divorce finalized and proceed from there.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

 
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