Waiver Work To Advantage?

[tuckin14 58]

Hi, me again.

My wife's I-751 is still pending. Filed last October, I think there has been no action, not even an RFE. (We're no longer on speaking terms so I can't be too sure.) it's impossible that it's been approved as there was next to no evidence filed with it.

Assume she gets an RFE one of these days. She's sorely lacking in evidence, since we never did comingle funds and never did cohabitate, along with all the other stuff we didn't do. So consider these two scenarios:

1) She waits for the RFE, has her 87 days, waits for the (very likely) interview at which USCIS will probably ask me to appear and they will therefore hear the truth about some things my wife might not like them to hear. Let's just give one example, they ask "Did your husband meet your family?" She could say "No, my family lives in Europe and don't speak English and my husband didn't want to go to Europe when he couldn't even communicate with them." The fact would be that at Christmas 2012 I said "Would you like to go to Europe for New Year's, I can get us free first class tickets" and she said no. But how would USCIS know that if I weren't there?

or

2) Just prior to the interview, she withdraws the I-751 and makes a waiver filing with both divorce and abuse. There's no proof of abuse at all but she can maybe somehow claim I mentally abused her. She gets a new NOA with a new 1-year extension, maybe it takes them a while to issue an RFE. Maybe the divorce isn't even final at the time the RFE expires (neither of us has even filed yet) and maybe they give her an extension. The abuse filing, groundless though it is, maybe delays things some more. At the end of the day, she spends another 6-12 months in the USA, in status, and finally gets an interview where she can say whatever she wants without fear of contradiction. (And I know she thinks it's OK to lie, even under oath, unless her attorney has disabused her of that notion.)

Could she in fact game the system this way, both buying time and hiding some unpleasant facts?

[AnotherLostSoul 167]

Tuckin14: last post series I saw regarding your post was that everybody advised you to divorce and move on. I cannot seem to be able to say something else. I am still not understanding why you care so much on her status. I don't know what she can do, and what USCIS will believe, but I do know it is not even worth a sparking second to think about her case anymore. If she stays, she stays. You just move on with your life and find someone who establishes a relationship with you for other than a green card. Good luck!

ps; I'm not trying to be rude here...

Edited August 14, 2014 by AnotherLostSoul

[Harpa Timsah 13,258]

You will not be invited to her interview so don't entertain that fantasy.

They can do their own investigation. And they rely on evidence, not stories.

[tuckin14 58]

1) Isn't it likely that if she is interviewed based on the joint petition, that I would be interviewed?

2) My scenarios are based around trying to prevent her from gaming the system. People in this group seemed to feel I was trying to protect her and get her green card for a fraudulent marriage. I'm saying just the opposite. I want to figure out the process so I don't facilitate her getting something she doesn't deserve.

[Harpa Timsah 13,258]

1) Isn't it likely that if she is interviewed based on the joint petition, that I would be interviewed?

2) My scenarios are based around trying to prevent her from gaming the system. People in this group seemed to feel I was trying to protect her and get her green card for a fraudulent marriage. I'm saying just the opposite. I want to figure out the process so I don't facilitate her getting something she doesn't deserve.

1. She can't joint petition if you are divorced. If you don't show up to the interview and she has a joint petition, she will be denied.

2. The way to facilitate is to not do anything. If you try to game the system or make influence you will be seen as an abusive stalker and give her a way to file based on abuse and inappropriate behavior. Leave it alone, for the best chance of her failure.

Edited August 14, 2014 by Harpa Timsah

[tuckin14 58]

So if I wanted to be sure she was denied, wouldn't the best way be to not withdraw the petition, then decline to be interviewed?

Wouldn't her only option then be to go to the IJ and ask for a continuance - but she'd be out of status at least until that happened - and all the IJ could do would be to allow her to stay until she files with a waiver?

This is so **** confusing.

[Harpa Timsah 13,258]

You can't withdraw anything because it's not your thing. It's her ROC and she has to deal with it herself.

All you are doing is making it easier for her to claim abuse, because you are planning ways to nose your way in and stalk her and generally abuse her for revenge.

STOP.

Let USCIS handle it.

Edited August 14, 2014 by Harpa Timsah

[aaron2020 11,651]

So if I wanted to be sure she was denied, wouldn't the best way be to not withdraw the petition, then decline to be interviewed?

Wouldn't her only option then be to go to the IJ and ask for a continuance - but she'd be out of status at least until that happened - and all the IJ could do would be to allow her to stay until she files with a waiver?

This is so **** confusing.

Hi,

Trying to help you.

What is confusing is why you are still making up scenarios and pursing this further.

Your efforts could give her a basis for VAWA since some would consider your behavior as stalking.

Stop and move on with your life.

Best of luck.