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Posted

Hey all,

I posted my question on the Forum for Removing conditions but thought i should post it here as i might get better response since we're all going through the same issue of waivers.

I need some input regarding filing I-751 Waiver based on a good faith marriage. Unfortunately i caught my husband cheating on me one month after i got my 2 year conditional green card last year in October & i could not bear to be with him anymore after such betrayal. I asked him to move out & in March of this year he kept pressuring me to get back with him.. that he still loved me...blah blah...Long story story short, i said a big NO. I loved him but could not bear to be with him after what he did to me. To me cheating is a BIG NO NO. Once a cheater, always a cheater.

He filed for divorce & it was granted yesterday. I called around St Louis Missouri to different lawyers and they charge around 1500-2000. For some reason i thought it would be way less than that! I really don't have all that money but i can work some extra shifts to get it if i really have to use a lawyer. So MY QUESTION--> Do you think i should lawyer up or not?? Especially because we separated so soon after i got my GC? Also we applied for the GC about a year after living together but unfortunately got approved before our 2 years anniversary:( The following are the evidences i have so far to prove it was a good faith marriage:

• Copy of our Tax transcripts for 2010, 2011 (Married filing separately because my ex-husband owed Federal Taxes).

• Selected copies of our joint bank account statements from June 2010 (checking and savings), and a Voided Check

• Copies of Joint cable/internet utilities spanning about 18 months

• Copies of Joint water bill spanning about 18 months

• Joint electricity utility bills spanning about 18 months

• Copy of Costco membership cards/bills with both our names for 2010, 2011

• Copies of Joint Lease for 2010 and 2011.

• Copy of Apartment Insurance Policy for 2010 and 2011.

• Copy of 401K plans naming each other as the beneficiary.

• Copy of Life Insurance policy from each of us showing each other as beneficiary.

• Copy of Medical Insurance cards / plan information and doctor bills with both our names

• Various Pictures: Wedding, with family, outings.

• Postcards sent by my family to both of us.

• Gym membership for both us showing each other as the emergency contact person.

• My School Personal Information listing my ex-husband as the emergency contact person.

• Miscellaneous letters addressed to both of us showing we lived in the same address.

Please advice on what to do. My GC expired Nov 2013. If i absolutely have to use a lawyer i will, but if i don't have to i would rather save the money that i don't even have! Also do you think my evidence is sufficient?? I could get affidavits from my ex-husband but i know he will want something in return (if you know what i mean) & his family only does what he tells them. Thanks.

I don't think you will need to waste all of that money on a lawyer. It seems like you have a lot of evidence to prove a genuine marriage. I had slightly less proof than what you listed here and I got divorced before the 2 year green cards expired. I filed all of the paperwork myself and got a 10 year visa (without an interview).

good luck

Filed: Lift. Cond. (apr) Country: Japan
Timeline
Posted

I checked unapproved members' profiles and found 1 approval! Updating gemindsims :)

California Service Center

VJName............I-751 Date....NOA1 Date.....Biometrics..Interview...Approved

BASKETBALLHEAD....01/25/10......02/03/10......02/24/10................03/08/10..(Divorce)

CHANCE2BHAPPY.....03/23/10......--/--/10......04/30/10....11/15/10....11/24/10..(Divorce)(Never received NOA, I-551 stamped 08/10)

MACHITA...........04/27/10......05/07/10......06/16/10................08/20/10..(Divorce)

JUSTMENOW.........05/18/10......05/20/10......09/07/10................12/23/10..(Death)

HENRY DG..........06/26/10......06/28/10......08/27/10................12/02/10..(Divorce)(RFE sent 11/18/10)

MBUK..............07/23/10......08/06/10......09/03/10....04/12/11....04/12/11..(Divorce)

CHARLIE84.........10/20/10......11/17/10......12/15/10....04/19/11....--/--/11..(Divorce)

FAUSTINAK.........11/18/10......11/22/10......02/03/11................02/16/11..(Divorce)

PHINUS............12/16/10......12/24/10......??/??/11................03/16/11..(Divorce)(Early Bio 1/27)(RFE received 2/24)

KAYLE.............01/08/11......01/10/11......03/03/11................04/25/11..(Divorce)

DESERTBLUE88......01/18/11......01/24/11......02/23/11................03/23/11..(Divorce)(Early Bio 2/22)

BLUE123...........01/18/11......01/24/11......03/04/11................01/23/12..(Divorce)(RFE received 4/26, responded 5/10)(Denied 10/26/11, lawyer filed to case reopen 12/10/11)

SOBAD.............04/18/11......05/05/11......06/02/11....12/21/11....12/22/11..

CCA...............04/21/11......04/??/11......05/24/11................07/13/11..

RABBIT75..........07/25/11......08/05/11......08/26/11....11/08/11....11/28/11..

MJHAWK............02/06/12......--/--/12......--/--/12................--/--/12..

PETE J............03/06/12......03/07/12......04/06/12................06/??/12..(Divorce)(RFE received beginning of May, responded 06/?? :delivered 06/25)

TX2IL.............08/04/12......08/08/12......09/07/12................--/--/--..(early bio 8/28/12)

Vermont Service Center

VJName............I-751 Date....NOA1 Date.....Biometrics..Interview...Approved

MR2100............12/23/09......12/28/09......01/25/10....07/28/10....07/28/10..(Divorce)(Approved @interview, card production ordered 8/09)

I751..............01/07/10......01/13/10......02/09/10....08/08/11....09/01/11..(Divorce)

OKALIAN...........01/22/10......01/26/10......02/19/10................04/30/10..(Divorce)

GOLDFEE111........02/02/10......02/08/10......04/15/10....07/26/10....08/06/10..(Divorce)

IAMWHATIAM80......03/11/10......03/17/10......04/12/10....10/05/10....10/05/10..(Divorce)(Approved @interview, card production ordered 10/13)

LATOSLATOS........03/18/10......03/22/10......04/16/10................06/22/10..(Divorce)

AMANINNYC.........05/03/10......05/06/10......07/06/10................08/09/10..(Divorce)

CHIPSAHOY.........05/07/10......05/10/10......06/17/10....01/03/11....01/04/11..(Divorce)(card production ordered 1/12)

DHSPLEASE.........06/01/10......06/11/10......08/25/10................09/08/10..(Divorce)

NIMAAN............07/--/10......07/20/10......08/20/10....04/28/11....05/11/10..(Divorce)(RFE received 9/16, responded 10/26)

ANDRES0603........07/19/10......07/26/10......10/12/10................11/05/10..(Divorce)

WI751.............07/31/10......08/04/10......11/10/10................??/??/10..(Divorce)(card received 12/27)

FIZZAPAL..........09/10/10......09/14/10......09/24/11....01/11/12....01/11/12..(RFE received 12/15, responded 1/19)

GEMINDSIMS........11/06/10......11/08/10......01/18/11................03/11/11..

BRNIE80...........11/18/10......11/22/10......01/07/11....05/05/11....05/16/11..(Divorce)

BABYBIGPIG........11/19/10......--/--/--......02/25/11................??/??/11..(Never received NOA and got I-551 stamped)(card received April 2011)

ELIKHOM...........12/27/10......01/03/11......02/07/11................06/16/11..(Divorce)

JOEY_77...........01/03/11......01/07/11......02/17/11................09/29/11..(Divorce)

OJAY..............01/08/11......01/11/11......03/08/11................03/07/11..(early bio 02/18)

RESILIENT.........03/08/11......03/09/11......04/04/11................10/21/11..(Divorce)(Decree sent 04/22)

ITGUY.............04/06/11......04/??/11......06/21/11................--/--/11..(Divorce)

WINTERDAY11.......04/??/11......04/18/11......06/16/11................11/18/11..(Divorce)

HAITI509..........05/20/11......--/--/11......--/--/11................--/--/11..(Divorce)

AZOUPIME..........05/20/11......05/26/11......06/21/11................12/22/11..(Divorce)

STACYS............08/??/11......08/09/11......09/01/11................06/08/12..(Divorce)(RFE received 05/19/12, responded 05/21/12)

CR1VISA...........08/19/11......08/22/11......10/24/11................--/--/12..(Divorce)(RFE received 08/08/12)

SCOTSMAN..........11/01/11......--/--/11......--/--/11................--/--/12..(Divorce)

THEREDBIRD........01/10/12......01/13/12......02/17/12................10/26/12..(Divorce)

TROUBLEINPARADISE.07/02/12......07/05/12......08/06/12................--/--/--..(Divorce)(Early Bio 08/02)

  • 1 month later...
  • 5 weeks later...
Filed: Lift. Cond. (pnd) Country: India
Timeline
Posted

I thought I would chime in also;

Divorced Feb 2012

Vermont Service Center

I-751 Date - 2012-03-06

NOA1 Date - 2012-03-13

Biometrics - April 2013

Interview - 01/24/12

Approval - ?

How did your interview went and where it was, I mean which city and state... Can you please share your experience... This may benefit to many people... thanks in advance....

Filed: Lift. Cond. (apr) Country: Japan
Timeline
Posted

any news in your case?

Well, here is the another thread by VJNG... I-751 waiver interview went bad

Adding buster2209 to VSC list :) Give us your interview story if you can!

California Service Center

VJName............I-751 Date....NOA1 Date.....Biometrics..Interview...Approved

BASKETBALLHEAD....01/25/10......02/03/10......02/24/10................03/08/10..(Divorce)

CHANCE2BHAPPY.....03/23/10......--/--/10......04/30/10....11/15/10....11/24/10..(Divorce)(Never received NOA, I-551 stamped 08/10)

MACHITA...........04/27/10......05/07/10......06/16/10................08/20/10..(Divorce)

JUSTMENOW.........05/18/10......05/20/10......09/07/10................12/23/10..(Death)

HENRY DG..........06/26/10......06/28/10......08/27/10................12/02/10..(Divorce)(RFE sent 11/18/10)

MBUK..............07/23/10......08/06/10......09/03/10....04/12/11....04/12/11..(Divorce)

CHARLIE84.........10/20/10......11/17/10......12/15/10....04/19/11....--/--/11..(Divorce)

FAUSTINAK.........11/18/10......11/22/10......02/03/11................02/16/11..(Divorce)

PHINUS............12/16/10......12/24/10......??/??/11................03/16/11..(Divorce)(Early Bio 1/27)(RFE received 2/24)

KAYLE.............01/08/11......01/10/11......03/03/11................04/25/11..(Divorce)

DESERTBLUE88......01/18/11......01/24/11......02/23/11................03/23/11..(Divorce)(Early Bio 2/22)

BLUE123...........01/18/11......01/24/11......03/04/11................01/23/12..(Divorce)(RFE received 4/26, responded 5/10)(Denied 10/26/11, lawyer filed to case reopen 12/10/11)

SOBAD.............04/18/11......05/05/11......06/02/11....12/21/11....12/22/11..

CCA...............04/21/11......04/??/11......05/24/11................07/13/11..

RABBIT75..........07/25/11......08/05/11......08/26/11....11/08/11....11/28/11..

MJHAWK............02/06/12......--/--/12......--/--/12................--/--/12..

PETE J............03/06/12......03/07/12......04/06/12................06/??/12..(Divorce)(RFE received beginning of May, responded 06/?? :delivered 06/25)

TX2IL.............08/04/12......08/08/12......09/07/12................--/--/--..(early bio 8/28/12)

Vermont Service Center

VJName............I-751 Date....NOA1 Date.....Biometrics..Interview...Approved

MR2100............12/23/09......12/28/09......01/25/10....07/28/10....07/28/10..(Divorce)(Approved @interview, card production ordered 8/09)

I751..............01/07/10......01/13/10......02/09/10....08/08/11....09/01/11..(Divorce)

OKALIAN...........01/22/10......01/26/10......02/19/10................04/30/10..(Divorce)

GOLDFEE111........02/02/10......02/08/10......04/15/10....07/26/10....08/06/10..(Divorce)

IAMWHATIAM80......03/11/10......03/17/10......04/12/10....10/05/10....10/05/10..(Divorce)(Approved @interview, card production ordered 10/13)

LATOSLATOS........03/18/10......03/22/10......04/16/10................06/22/10..(Divorce)

AMANINNYC.........05/03/10......05/06/10......07/06/10................08/09/10..(Divorce)

CHIPSAHOY.........05/07/10......05/10/10......06/17/10....01/03/11....01/04/11..(Divorce)(card production ordered 1/12)

DHSPLEASE.........06/01/10......06/11/10......08/25/10................09/08/10..(Divorce)

NIMAAN............07/--/10......07/20/10......08/20/10....04/28/11....05/11/10..(Divorce)(RFE received 9/16, responded 10/26)

ANDRES0603........07/19/10......07/26/10......10/12/10................11/05/10..(Divorce)

WI751.............07/31/10......08/04/10......11/10/10................??/??/10..(Divorce)(card received 12/27)

FIZZAPAL..........09/10/10......09/14/10......09/24/11....01/11/12....01/11/12..(RFE received 12/15, responded 1/19)

GEMINDSIMS........11/06/10......11/08/10......01/18/11................03/11/11..

BRNIE80...........11/18/10......11/22/10......01/07/11....05/05/11....05/16/11..(Divorce)

BABYBIGPIG........11/19/10......--/--/--......02/25/11................??/??/11..(Never received NOA and got I-551 stamped)(card received April 2011)

ELIKHOM...........12/27/10......01/03/11......02/07/11................06/16/11..(Divorce)

JOEY_77...........01/03/11......01/07/11......02/17/11................09/29/11..(Divorce)

OJAY..............01/08/11......01/11/11......03/08/11................03/07/11..(early bio 02/18)

RESILIENT.........03/08/11......03/09/11......04/04/11................10/21/11..(Divorce)(Decree sent 04/22)

ITGUY.............04/06/11......04/??/11......06/21/11................--/--/11..(Divorce)

WINTERDAY11.......04/??/11......04/18/11......06/16/11................11/18/11..(Divorce)

HAITI509..........05/20/11......--/--/11......--/--/11................--/--/11..(Divorce)

AZOUPIME..........05/20/11......05/26/11......06/21/11................12/22/11..(Divorce)

STACYS............08/??/11......08/09/11......09/01/11................06/08/12..(Divorce)(RFE received 05/19/12, responded 05/21/12)

CR1VISA...........08/19/11......08/22/11......10/24/11................--/--/12..(Divorce)(RFE received 08/08/12)

SCOTSMAN..........11/01/11......--/--/11......--/--/11................--/--/12..(Divorce)

THEREDBIRD........01/10/12......01/13/12......02/17/12................10/26/12..(Divorce)

BUSTER2209........03/06/12......03/13/12......04/??/12....01/24/13....--/--/--..(Divorce)

TROUBLEINPARADISE.07/02/12......07/05/12......08/06/12................--/--/--..(Divorce)(Early Bio 08/02)

Filed: K-1 Visa Country: England
Timeline
Posted

From my timeline;

My interview was scheduled for 0915. I arrived at 0900. I was seen at 0930 by Officer Johnson. He explained to me that he is filling in for someone who called in sick and he hasn't had chance to review my case. I could see my paperwork was 3 inches thick and the inch thick RoC evidence I had provided was in a separate folder as my file was too large to contain it. He made me swear to be truthful to the questions he was going ask. He asked me when my ex-wifes birthday is, then specifics about dates and times to do with when and where we met, when and where we were married, when we separated, when I moved out, when we divorced, etc, etc. He mentioned that he needed to see my previous years tax returns (which I didn't have because I filed them separately from my wife because we had been separated 6 months by this point). He said if he needed to see them to make a decision on my case, he would send an RFE out. He then explained to me that in 4-6 weeks I would receive a judgement in the mail. If I was approved, I would receive my permanent green card approx 2 weeks later or if it was denied, there would be a reason stating why and details of how I could appeal that decision. The interview lasted about 30 mins.

Filed: Lift. Cond. (pnd) Country: India
Timeline
Posted

From my timeline;

My interview was scheduled for 0915. I arrived at 0900. I was seen at 0930 by Officer Johnson. He explained to me that he is filling in for someone who called in sick and he hasn't had chance to review my case. I could see my paperwork was 3 inches thick and the inch thick RoC evidence I had provided was in a separate folder as my file was too large to contain it. He made me swear to be truthful to the questions he was going ask. He asked me when my ex-wifes birthday is, then specifics about dates and times to do with when and where we met, when and where we were married, when we separated, when I moved out, when we divorced, etc, etc. He mentioned that he needed to see my previous years tax returns (which I didn't have because I filed them separately from my wife because we had been separated 6 months by this point). He said if he needed to see them to make a decision on my case, he would send an RFE out. He then explained to me that in 4-6 weeks I would receive a judgement in the mail. If I was approved, I would receive my permanent green card approx 2 weeks later or if it was denied, there would be a reason stating why and details of how I could appeal that decision. The interview lasted about 30 mins.

Thank you very much for sharing your experiences and giving the prompt reply to my post.... Looks like your interview was very detailed and the officer asked many questions, because with the posts which I read in the past on various forum websites regarding the I751-divorce waiver... They usually ask many questions at the time of adjustment of status interview (at the time of issuing conditional green card)... but looks like they asked too many questions related to your case... May God make the things easy for you and for everyone who goes through this process... Especially the VSC.. they are slow and go in details with the case... Inspite of not having the tax filing at the interview time, I hope they just approve your case and give you the permanent green card without sending a RFE.... ... Just let us all know if you have any advice for the i751 divorce waiver related filers... Very Good Luck My Friend....

Filed: K-1 Visa Country: England
Timeline
Posted (edited)

As an aside; I provided the following evidence that the marriage was genuine;

• Copy of my Marriage Certificate.

• Copy of my Divorce Decree.

• Copy of Joint Federal, State, and Local tax returns for the filing year of 2010.

• A copy of the joint lease agreement my ex-wife and I signed when we lived in the apartment at >INSERT ADDRESS HERE<

• Other miscellaneous documents from the leasing office addressed to myself and my ex-wife during our time at the apartment.

• A statement from the leasing manager of the complex stating, to the best of his knowledge, my the marriage between myself and my ex-wife was legitimate.

• Several documents stating that my ex-wife was covered on my health care policy I obtain through my employer.

• Documentation showing a joint auto insurance policy.

• Documentation showing we owned a car together.

• A copy of the original divorce complaint showing my wife filed for divorce based on irretrievable breakdown of the marriage and also filed for equal distribution of marital assets, and alimony.

• A copy of the court order showing I had to pay my ex-wife spousal support and maintain her medical insurance until our divorce was finalized.

• Receipts showing I had to pay for legal counsel during the divorce.

• A copy of my Permanent Resident Card (front and back).

• Two letters addressed to my ex-wife when we lived together.

• Receipt for an engagement ring.

• Copies of several cards my ex-wife gave to me during our marriage.

• Two statements form friends that knew myself and my ex-wife during our marriage stating our marriage was genuine.

• Photographs showing my wife and I during various times throughout our marriage. Dates and places are written on the reverse of each photograph.

Edited by buster2209
Posted

As an aside; I provided the following evidence that the marriage was genuine;

• Copy of my Marriage Certificate.

• Copy of my Divorce Decree.

• Copy of Joint Federal, State, and Local tax returns for the filing year of 2010.

• A copy of the joint lease agreement my ex-wife and I signed when we lived in the apartment at >INSERT ADDRESS HERE<

• Other miscellaneous documents from the leasing office addressed to myself and my ex-wife during our time at the apartment.

• A statement from the leasing manager of the complex stating, to the best of his knowledge, my the marriage between myself and my ex-wife was legitimate.

• Several documents stating that my ex-wife was covered on my health care policy I obtain through my employer.

• Documentation showing a joint auto insurance policy.

• Documentation showing we owned a car together.

• A copy of the original divorce complaint showing my wife filed for divorce based on irretrievable breakdown of the marriage and also filed for equal distribution of marital assets, and alimony.

• A copy of the court order showing I had to pay my ex-wife spousal support and maintain her medical insurance until our divorce was finalized.

• Receipts showing I had to pay for legal counsel during the divorce.

• A copy of my Permanent Resident Card (front and back).

• Two letters addressed to my ex-wife when we lived together.

• Receipt for an engagement ring.

• Copies of several cards my ex-wife gave to me during our marriage.

• Two statements form friends that knew myself and my ex-wife during our marriage stating our marriage was genuine.

• Photographs showing my wife and I during various times throughout our marriage. Dates and places are written on the reverse of each photograph.

It looks good,you should be fine l just had a waiver case it approved without interview.

 
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