I-751 Waiver Interview (April 2013), Urgent Advice Needed

[Sam_nov_11 0]

I recieved a letter for interview (Apr 21) from local office. I converted my application to Waiver in Nov 2012. The Interview letter asks for bringing Spouse and evidence.

I cannot do that as our divorce is pending. How to deal with this situation, any experienced visa journey members, please advice, I am worried. Thanks.

Regards

Brief History:

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Previous status F-1(5 years), H-1B (4 years)

Married USC: 09/02/2009 in US, Big 3 day event 400 plus guests.

Got First 2 years GC: 01/16/2010

3 years turbulent marriage because of my in-laws, daily interferenc, wanted me to cut off with my family. Other issues with wife.

Went to 2 marriage consulars. They gave me written statements.

Filed Joint I-751 in Nov 2011 with following evidence:

-> joint tax returns -> Joint Lease -> -> Joint Bank statements -> Affidavit from friends -> Joint Medical and dental insurance -> Auto Insurance

-> Rental Insuarnce -> reciepts from Cruise trip and other trips --> Driver License copy showing same address --> joint Electric, Phone and Cable bill in her name

-> Tons of Picture from 2 years on different occassions with family and friends.

Now things changed this year, my wife told me in Aug 2012 this year that out of anger she has filed a false complaint on me to USCIS, while my I-751 case was in process.

I inquired about my case, its pending and waiting interview, still no word on interview.

In Sep 2012, i was out of town, she left our home with her belongings and does not want to return. I filed for divorce stated she deserted me.

Divorce is pending.

I filed Waiver I-751 in Nov 2012, with accumulated evidence form this year. I recieved another extension letter for one year.

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[VanessaTony 3,567]

Wait what? You had a pending joint i-751 and then filed ANOTHER waiver I-751? That's not what you should have done.

Basically the interview is on your first I-751, the joint one. For some reason they waiver one hasn't caught up. What you should have done is CONVERTED your pending joint I-751.

What you need to do now is attend the interview with your I-751 waiver information. One of two things will happen. They will either interview you based on the waiver OR tell you that they'll convert your application to the waiver and need time to merge your two files together (which is most likely). Then you wait some more.

[Sam_nov_11 0]

Vanessa&Tony,

My attorney filled I-751 waiver with information about previous jointly filled one and a copy of it. May be they have to sync files OR may be they send same generic interview letter to everyone no

matter if its a waiver ot joint.

I have a final court date of Oct 7 2013, if my wife does not come to an agreement. If we agree, it can take 2 weeks from now on to get final divorce decree.

I am just worried , my attorney is saying i am in good shape , I need moral support may be :-).

Thanks again for quick reponse.

[DC85 113]

try to book an info pass, and see what they gonna tell u, I went through your signature and it seems you have a very solid evidence that your marriage is legit

[VanessaTony 3,567]

Vanessa&Tony,

My attorney filled I-751 waiver with information about previous jointly filled one and a copy of it. May be they have to sync files OR may be they send same generic interview letter to everyone no

matter if its a waiver ot joint.

I have a final court date of Oct 7 2013, if my wife does not come to an agreement. If we agree, it can take 2 weeks from now on to get final divorce decree.

I am just worried , my attorney is saying i am in good shape , I need moral support may be :-).

Thanks again for quick reponse.

Your attorney did the wrong thing. You should never have filed another application. You should simply have converted the active case.

No matter that he filed the wrong thing (and you wasted that fee) you'll be fine. It might take a bit but it'll get sorted out.