met with an attorney yesterday...

[Aussielad 37]

Im thinking of keeping the table open till december, unless she files for a divorce before that. i heard that it only takes like 2-3 months for a divorce to get finalized. is this true or could it be much longer? and is there a difference in who files for the divorce? right now i dont see things working out unless some miracle is going to happen. cuz she doesnt even want to talk to me. on one hand it feels like she is in some other relationship or planning to get in to another relationship and eager to clearout things.

.......which is probably the case unfortunately

[PurrSuede 0]

Hi All,

can some one give me some thoughts. i met a 25 years eaperienced immigration attorney yesterday, regarding filling the I-751 separately. according to him its a lengthy and tough process which takes around 2-3 years. and this got me thinking... most what i heard in this forum is that its a matter of months even though i can remember some one else mentioning that his attorney said the same thing.

It was my immigration attorney who told me the same thing.

I asked him about my (now ex-)wife filing for Permanent Status by herself.

He said the USCIS will be all over her case with a fine tooth comb and it could take years to be resolved.

There were other people who said the opposite, that this was no big deal, here on this forum.

I don't know, but on the one hand this attorney worked for the USCIS for 20 years as a staff attorney in the El Paso office and works immigration cases all the time.

Advice here on Visa Journey is free. His wasn't.

At any rate, I'm divorced, so as far as I'm concerned it's HER problem and frankly, I could give a rat's @ss what happens with her petition.

[SOL.Broken 0]

Hi All,

can some one give me some thoughts. i met a 25 years eaperienced immigration attorney yesterday, regarding filling the I-751 separately. according to him its a lengthy and tough process which takes around 2-3 years. and this got me thinking... most what i heard in this forum is that its a matter of months even though i can remember some one else mentioning that his attorney said the same thing.

It was my immigration attorney who told me the same thing.

I asked him about my (now ex-)wife filing for Permanent Status by herself.

He said the USCIS will be all over her case with a fine tooth comb and it could take years to be resolved.

There were other people who said the opposite, that this was no big deal, here on this forum.

I don't know, but on the one hand this attorney worked for the USCIS for 20 years as a staff attorney in the El Paso office and works immigration cases all the time.

Advice here on Visa Journey is free. His wasn't.

At any rate, I'm divorced, so as far as I'm concerned it's HER problem and frankly, I could give a rat's @ss what happens with her petition.

i'm in your boad too, and have delayed and delayed the divorce, but this thursday she get's served, and decree will be issued 8 months before her 2 year ans. as a cr1.... so i thing you said, who give a rats......with her

[PurrSuede 0]

Hi All,

based on these can some one give me some thoughts, the lawyer i met said its going to be a tough case but he didnt bother asking what kinda evidence i have with me. he was holding on to the fact that i was travelling alot and when ur married you are supposed to live together full time. but all the people whom i work with get to go home only in the week end. please give me some thoughts

I'm not sure how to react to your atorney's suggestion that removing conditions with a waiver is a tough process. Perhaps there's something to do with the length of the marriage that is creating this sense. Typically, if you have eveidence of a bona fide marriage, which it appears you do, then the waiver process is not all that complicated. I notice that your tax return evidence is dated 2005. How long after receiving your conditional green card did the marriage terminate in divorce?

You know, I have to add that my immigration attorney also told me that my ex-spouse was going to have a tough time as well when she went to file by herself.

And he'd been a practicing staff attorney working for the INS/USCIS for over 20 years! So I kinda think he might have known what he was talking about, and wasn't trying to sell me his services either, since I wasn't the one filing...

As I recall there was a woman here on VJ who filed for her LPR with a divorce waiver and it took almost a year and a half before she received it. And as I recall, she had pretty good documentation, so I don't think the time frame he estimated is out of line.

-- Dan

[PurrSuede 0]

Hi All,

can some one give me some thoughts. i met a 25 years eaperienced immigration attorney yesterday, regarding filling the I-751 separately. according to him its a lengthy and tough process which takes around 2-3 years. and this got me thinking... most what i heard in this forum is that its a matter of months even though i can remember some one else mentioning that his attorney said the same thing.

It was my immigration attorney who told me the same thing.

I asked him about my (now ex-)wife filing for Permanent Status by herself.

He said the USCIS will be all over her case with a fine tooth comb and it could take years to be resolved.

There were other people who said the opposite, that this was no big deal, here on this forum.

I don't know, but on the one hand this attorney worked for the USCIS for 20 years as a staff attorney in the El Paso office and works immigration cases all the time.

Advice here on Visa Journey is free. His wasn't.

At any rate, I'm divorced, so as far as I'm concerned it's HER problem and frankly, I could give a rat's @ss what happens with her petition.

i'm in your boad too, and have delayed and delayed the divorce, but this thursday she get's served, and decree will be issued 8 months before her 2 year ans. as a cr1.... so i thing you said, who give a rats......with her

LOL, sorry, I replied to the wrong post.. wanted to reply to yours...

I understand your frustration. Part of me would love to see her put on an airplane and sent back home. But I also understand that's my anger talking. It's natural to feel that way though...

but at least I know it will NOT be an easy process, no matter what the outcome...

I'm sorry for your loss as well, but you know, I guess some things just were meant to be... and some things -weren't- , as well...

-- Dan

[peezey 0]

Hi All,

based on these can some one give me some thoughts, the lawyer i met said its going to be a tough case but he didnt bother asking what kinda evidence i have with me. he was holding on to the fact that i was travelling alot and when ur married you are supposed to live together full time. but all the people whom i work with get to go home only in the week end. please give me some thoughts

I'm not sure how to react to your atorney's suggestion that removing conditions with a waiver is a tough process. Perhaps there's something to do with the length of the marriage that is creating this sense. Typically, if you have eveidence of a bona fide marriage, which it appears you do, then the waiver process is not all that complicated. I notice that your tax return evidence is dated 2005. How long after receiving your conditional green card did the marriage terminate in divorce?

You know, I have to add that my immigration attorney also told me that my ex-spouse was going to have a tough time as well when she went to file by herself.

And he'd been a practicing staff attorney working for the INS/USCIS for over 20 years! So I kinda think he might have known what he was talking about, and wasn't trying to sell me his services either, since I wasn't the one filing...

As I recall there was a woman here on VJ who filed for her LPR with a divorce waiver and it took almost a year and a half before she received it. And as I recall, she had pretty good documentation, so I don't think the time frame he estimated is out of line.

-- Dan

I have helped 2 friends through the process after divorce and it wasn't difficult and it wasn't scary, and there weren't additional steps or time it took to process, and all was approved because the marriages were bona fide and the divorces were as well. If you are honest, have your evidence, and address any red flags, I don't see why you need an attorney. I also don't know why an attorney would use hard language to scare you. It's possible that even if a 20 year INS veteran might not know the ins & outs of a waivered I-751 if that's not the area he worked in on a daily basis.

[diadromous mermaid 36]

Hi All,

based on these can some one give me some thoughts, the lawyer i met said its going to be a tough case but he didnt bother asking what kinda evidence i have with me. he was holding on to the fact that i was travelling alot and when ur married you are supposed to live together full time. but all the people whom i work with get to go home only in the week end. please give me some thoughts

I'm not sure how to react to your atorney's suggestion that removing conditions with a waiver is a tough process. Perhaps there's something to do with the length of the marriage that is creating this sense. Typically, if you have eveidence of a bona fide marriage, which it appears you do, then the waiver process is not all that complicated. I notice that your tax return evidence is dated 2005. How long after receiving your conditional green card did the marriage terminate in divorce?

You know, I have to add that my immigration attorney also told me that my ex-spouse was going to have a tough time as well when she went to file by herself.

And he'd been a practicing staff attorney working for the INS/USCIS for over 20 years! So I kinda think he might have known what he was talking about, and wasn't trying to sell me his services either, since I wasn't the one filing...

As I recall there was a woman here on VJ who filed for her LPR with a divorce waiver and it took almost a year and a half before she received it. And as I recall, she had pretty good documentation, so I don't think the time frame he estimated is out of line.

-- Dan

I have helped 2 friends through the process after divorce and it wasn't difficult and it wasn't scary, and there weren't additional steps or time it took to process, and all was approved because the marriages were bona fide and the divorces were as well. If you are honest, have your evidence, and address any red flags, I don't see why you need an attorney. I also don't know why an attorney would use hard language to scare you. It's possible that even if a 20 year INS veteran might not know the ins & outs of a waivered I-751 if that's not the area he worked in on a daily basis.

While it is quite true that self-petitioners that submit I-751s alone on the basis of a bona fide marriage that terminated in divorce, can and do receive approval, it all depends upon the sufficiency of the evidence. One can have a legitimate marriage, but an absence of sound evidence to corroborate that can cause difficulties. Each case is unique.

[PurrSuede 0]

Hi All,

based on these can some one give me some thoughts, the lawyer i met said its going to be a tough case but he didnt bother asking what kinda evidence i have with me. he was holding on to the fact that i was travelling alot and when ur married you are supposed to live together full time. but all the people whom i work with get to go home only in the week end. please give me some thoughts

I'm not sure how to react to your atorney's suggestion that removing conditions with a waiver is a tough process. Perhaps there's something to do with the length of the marriage that is creating this sense. Typically, if you have eveidence of a bona fide marriage, which it appears you do, then the waiver process is not all that complicated. I notice that your tax return evidence is dated 2005. How long after receiving your conditional green card did the marriage terminate in divorce?

You know, I have to add that my immigration attorney also told me that my ex-spouse was going to have a tough time as well when she went to file by herself.

And he'd been a practicing staff attorney working for the INS/USCIS for over 20 years! So I kinda think he might have known what he was talking about, and wasn't trying to sell me his services either, since I wasn't the one filing...

As I recall there was a woman here on VJ who filed for her LPR with a divorce waiver and it took almost a year and a half before she received it. And as I recall, she had pretty good documentation, so I don't think the time frame he estimated is out of line.

-- Dan

I have helped 2 friends through the process after divorce and it wasn't difficult and it wasn't scary, and there weren't additional steps or time it took to process, and all was approved because the marriages were bona fide and the divorces were as well. If you are honest, have your evidence, and address any red flags, I don't see why you need an attorney. ... It's possible that even if a 20 year INS veteran might not know the ins & outs of a waivered I-751 if that's not the area he worked in on a daily basis.

Not every immigrant spouse is honest, or has a good working understanding of the process they need to go through. Sometimes attorneys can assist you with this process if you don't understand it.

It's also very possible that a 20-year INS veteran staff attorney just might have more knowledge of the process than you do.

I'll trust a former staff attorney with the INS as having more knowledge of the ins & outs of the waiver process than the average poster on VJ, such as yourself, might.

[PurrSuede 0]

I have helped 2 friends through the process after divorce and it wasn't difficult and it wasn't scary, and there weren't additional steps or time it took to process, and all was approved because the marriages were bona fide and the divorces were as well. If you are honest, have your evidence, and address any red flags, I don't see why you need an attorney. I also don't know why an attorney would use hard language to scare you. It's possible that even if a 20 year INS veteran might not know the ins & outs of a waivered I-751 if that's not the area he worked in on a daily basis.

reference: http://www.visajourney.com/forums/index.php?showtopic=43730

As explained below, the I-751 can be filed by divorced individuals, and may be approved, as long as there is sufficient evidence that the marriage was genuine when initially entered into. It is more difficult to satisfy the USCIS in such scenarios, however.

it's from: http://www.murthy.com/news/n_remcon.html

This part of the article also wasn't quoted on the post I referenced:

Filing after Divorce or Annulment

The person seeking permanent resident status should expect to undergo an interview at the USCIS about the marriage. The USCIS will closely scrutinize whether the marriage was bona fide at its inception. The USCIS will review the divorce decree and complaint for matters that may be reflective of whether the marriage was entered into purely for immigration purposes or to perpetrate fraud against the United States citizen spouse or the USCIS.

[peezey 0]

reference: http://www.visajourney.com/forums/index.php?showtopic=43730

The link you posted shows a situation with an immigrant wife with no AOS filed, it's not relevant to this discussion. Or what am I missing?

[diadromous mermaid 36]

reference: http://www.visajourney.com/forums/index.php?showtopic=43730

The link you posted shows a situation with an immigrant wife with no AOS filed, it's not relevant to this discussion. Or what am I missing?

You're not missing anything, actually. Dan (Purrsuede) is simply advising that he was informed that an immigrant divorcing prior to removal of conditions will undergo closer inspection when it comes to adjudicating the self-petitioned I-751. While I don't doubt that he is reporting as he was advised, I'm not inclined to agree in totality. Certainly, for example, in the case of an alien that is divorced just prior to the two-year filing deadline. Naturally, those that clearly exit the marriage right after AOS might have an uphill battle, but that is not so much related to the fact that the timing is quesitonable, but rather more related to the absence of any additional and compelling evidence to support a sustained relationship after AOS was approved.

There are many waived I-751s that are approved sans interview and close scrutiny, for the most part, those are cases where it is clear to the USCIS that the parties entered a bonafide marriage. Remember, the onus is upon the alien to overcome any assumption to the contrary that USCIS might have.

[eclowjpd 0]

You can do a waiver of joint filing on the i-751 only if certain conditions are met. The conditions are explained in the instructions for the i-751 starting at the bottom of the first page. If you do not meet those conditions, I would suggest getting advice from an attorney. I was told by my attorney that I could not sign the I-751 for my ex, as we were in divorce proceedings, but that an immigration judge would likely her here case and she would have an opportunity to prove that it was a bonafide marriage.

[diadromous mermaid 36]

You can do a waiver of joint filing on the i-751 only if certain conditions are met. The conditions are explained in the instructions for the i-751 starting at the bottom of the first page. If you do not meet those conditions, I would suggest getting advice from an attorney. I was told by my attorney that I could not sign the I-751 for my ex, as we were in divorce proceedings, but that an immigration judge would likely her here case and she would have an opportunity to prove that it was a bonafide marriage.

Indeed, this is true. I'd like to offer a little clarification because what eclowjpd is describing refers to the situation and option available to an alien that is precluded from filing an I-751 or waiver by the deadline, due to divorce being underway but not yet concluded. Bear in mind that the joint I-751 cannot be filed if the marriage is either legally terminated or is in process for legal termination. Additionally, the alien is also precluded from filing the waiver until a divorce decree becomes available. In such a case, if the deadline comes and passes and the alien still cannot file to remove conditions, he or she is then subject to removal. When the alien receives the NTA (Notice to appear) at the hearing for removal, he or she would have a final opportunity to petition the court and Immigration Judge for relief on the basis that the marriage was bonafide but ended in divorce.

In the event that the NTA is issued and a Court date established, and still the alien does not have the requisite divorce decree available, there is often a chance that the Court might provide a continuation in order for the alien to finalise the divorce.

Edited November 28, 2006 by diadromous mermaid

[PurrSuede 0]

reference: http://www.visajourney.com/forums/index.php?showtopic=43730

The link you posted shows a situation with an immigrant wife with no AOS filed, it's not relevant to this discussion. Or what am I missing?

I brought that discussion to your attention to show you the source of the quote from "murthy.com" and the referral to their website itself.

That topic of discussion itself is not important, but what IS of relevance in that post is the off-site link to the quotes I showed you. To show you where they were originating from.

The quoting of sources is usually a good idea when engaging in a discussion and frankly, it's something I haven't seen much in your postings and claims.

Specifically, that topic DID refer to this LINK: http://www.murthy.com/news/n_remcon.html

which is where the "quotes" I posted to you came from. Which were relevant to this discussion.

You basically implied the waiver'd I-751 was no big deal. I posted a quote from an immigration attorney's website to contrast with what you were claiming.

[PurrSuede 0]

You're not missing anything, actually. Dan (Purrsuede) is simply advising that he was informed that an immigrant divorcing prior to removal of conditions will undergo closer inspection when it comes to adjudicating the self-petitioned I-751. While I don't doubt that he is reporting as he was advised, I'm not inclined to agree in totality. Certainly, for example, in the case of an alien that is divorced just prior to the two-year filing deadline. Naturally, those that clearly exit the marriage right after AOS might have an uphill battle, but that is not so much related to the fact that the timing is quesitonable, but rather more related to the absence of any additional and compelling evidence to support a sustained relationship after AOS was approved.

There are many waived I-751s that are approved sans interview and close scrutiny, for the most part, those are cases where it is clear to the USCIS that the parties entered a bonafide marriage. Remember, the onus is upon the alien to overcome any assumption to the contrary that USCIS might have.

My point, my dear Mermaid, is that not only did my immigration attorney inform me my ex- would ungo a much more rigorous approval process, but other attorneys in immigration law (e.g. Murtha.com) advise the same thing.

I may agree with you that there are waived I-751's approved sans interview. However we do not know just HOW close a scrutiny the USCIS chooses to give these. The very fact that there is a waiver filed for the I-751 means it is not processed as a "normal" joint I-751. It may be that the cases that are approved "sans interview" have bona fide evidence, but we do not know the standards of "close scrutiny" the examiners themselves might be giving these cases. These approvals may be granted "sans interview" based on overwhelming evidence that holds up to closer scrutiny by the USCIS, indeed.

Murtha says to "expect" an interview. The divorced alien ex-spouse of course may NOT be required to have an interview, but if an immigration attorney says to "expect" one, I'd at least be ready for the event.

If a tax-accountant told me "expect to be audited" when preparing my taxes, I'd certainly listen to him and not figure he's just flapping his jaws because he has nothing better to do with them.

And as you said:

for the most part, those are cases where it is clear to the USCIS that the parties entered a bonafide marriage.

Since we are not USCIS case officers, we can not know exactly what level of scrutiny is given to these in order to clear this hurdle. Again, I would tend to go with the advice of multiple immigration attorneys, that if nothing else, closer scrutiny of the I-751 will be mandated based on a divorce-waiver.

-- Dan