I-751 / Divorce circus show

[Crazy Cat 41,888]

18 minutes ago, Boiler said:

No 1 is interesteting and a comment about Lawyers, well some Lawyers, EB1 for a guy who sells stuff on Etsy?

Case #1:  What?????  That first case is crazy!!!  An ETSY seller comes into the US via a B2, then files an I-485, EB1 case?????  Wow!!! 

Case #2:  Great questions and analysis by Jim Hacking.....

Edited June 18, 2022 by Crazy Cat

[Boiler 45,525]

OK I have now watched the show and have no issue with what Hacking said. He obviously is not active in day to day immigration situations, he has his speciality areas and often annoys me with some stuff he says where he clearly does not know. But his wife it sounds like has handled multiple variants of this issue. 

 

He did not address the issue about not Naturalising but my thought process is that if I was reviewing a case where RoC had been approved and a Divorce was underway or finalised and there had been no Divorce Waiver I would be going #######. 

 

There are certainly situations where a LPR should not seek to naturalise, criminal issues for example, but what I do not understand is this sort of situation is avoidable, you can faff around with the I 751 until the Divorce is finalised and they are pretty much always approved.

 

Now the whole concept of the I 751 strikes me as being stupid but that is another discussion.

Edited June 18, 2022 by Boiler

[Rocio0010 5,579]

3 hours ago, Boiler said:

But his wife it sounds like has handled multiple variants of this issue. 

I’m a huge fan of the show and always have my popcorn ready. Amani (his wife) handles mostly i751s and seems to be pretty good at them. She has been on the show a handful times.

I agree with @Crazy Cat, the first case is crazy. I watched the show yesterday but was working and did not fully pay attention other than case 2, which is obviously OP. But case 1, a craftsman coming on a B1/B2, then applying for EB1 on the basis of exceptional ability…. Men, it gives me chills to think how greedy some attorneys can be. 
As for case #2, I’m also impressed by the analysis he did, and if you listen to what he says at the beginning, he says something along the lines of notifying USCIS even though the divorce decree was not issued, which is what I told OP prior to watching the show. Side comment: I’m proud of me!!!😂😂😂

I think Hacking did not mention N400 that much because he knows they have to figure out if there’s a way to it before hand

[Mobius1 175]

33 minutes ago, Rocio0010 said:

I’m a huge fan of the show and always have my popcorn ready. Amani (his wife) handles mostly i751s and seems to be pretty good at them.

I am going to consult Amani and see what her though process is to handle this. I have no doubt she is among the best of lawyers available. Most others are there just to rake in the fees even if clients case goes to hell.

[Rocio0010 5,579]

17 minutes ago, Mobius1 said:

I am going to consult Amani and see what her though process is to handle this. I have no doubt she is among the best of lawyers available. Most others are there just to rake in the fees even if clients case goes to hell.

Exactly, there are so many greedy lawyers that would feed you Bs just to get your money. From what I’ve seen, Amani is pretty “aggressive” with i751s

[Crazy Cat 41,888]

2 hours ago, Mobius1 said:

I am going to consult Amani

I think that is a very wise choice.  Good luck.

[Rocio0010 5,579]

Do let us know what she says. This might be useful for someone in the same situation.

[Boiler 45,525]

Amani is pretty aggressive 

 

my impression is she wears the trousers

[Family 3,988]

On 6/17/2022 at 1:52 PM, Mobius1 said:

According to Hacking, file a new I-751 solo even though I have the previous one approved. This is so weird, feels like a bad dream...

That YouTube advice is so off track and absolutely not necessary or prudent . @mindthegap can single handily cite enough relevant law to debunk it. 
 

You really have NOTHING to fear in going into the interview, no matter what questions you get asked about your marriage and it’s demise. You married in “ good faith “ and were approved based on the “ mountain “ of bonafides specific to the 2 year period between becoming LPR and the Joint Filing of the I-751. 

You have nothing to hide , did nothing wrong and can simply answer truthfully. Grilling may just mean a question about the date of separation ( it’s in your divorce  filing papers) but not on the Judgment itself…They simply won’t allege fraud in your case cause it was so well done that it cleared without an interview. 
 

All that early “ confusing lawyer advice you got re waiver” and even most recent “ refile now” advice , will actually work in your favor, the process itself/ extraordinary delay  is neither clear nor easily understood.

At the time of APPROVAL, you were still legally married , divorce proceedings not withstanding and you understood your obligation/ intention  was notify USCIS once you had obtained the final decree. You would be fine on your own , but always a good idea to take your attorney with you.

 

[Mobius1 175]

17 minutes ago, Family said:

That YouTube advice is so off track and absolutely not necessary or prudent . @mindthegap can single handily cite enough relevant law to debunk it. 
 

You really have NOTHING to fear in going into the interview, no matter what questions you get asked about your marriage and it’s demise. You married in “ good faith “ and were approved based on the “ mountain “ of bonafides specific to the 2 year period between becoming LPR and the Joint Filing of the I-751. 

You have nothing to hide , did nothing wrong and can simply answer truthfully. Grilling may just mean a question about the date of separation ( it’s in your divorce  filing papers) but not on the Judgment itself…They simply won’t allege fraud in your case cause it was so well done that it cleared without an interview. 
 

All that early “ confusing lawyer advice you got re waiver” and even most recent “ refile now” advice , will actually work in your favor, the process itself/ extraordinary delay  is neither clear nor easily understood.

At the time of APPROVAL, you were still legally married , divorce proceedings not withstanding and you understood your obligation/ intention  was notify USCIS once you had obtained the final decree. You would be fine on your own , but always a good idea to take your attorney with you.

 

Thanks for your input. I have yet to see a law in writing that says we are supposed to inform them of divorce filing or separation even. Like how there is one for address change.

 

Even if they feel it was a material fact not informed, outcome wouldn’t have changed.

 

If I do plan to do n400, u bet that lawyer who is so confident even now will be in the seat next to mine.

 

This is uscis we talking about, they just need any way to screw with people while raking their cash in.

[Family 3,988]

Well, this old policy  memo from 2009 refers to Service Centers or Officers that may “ encounter “ information of separation or divorce proceedings that are NOT finalized during the processing of a jointly filed I-751.

It also states that Joint Filing is not waived for those separated or in divorce proceedings that are not finalized…as an example of the confusion surrounding the divorce waiver timing . 
 

But I must confess, for all its challenges, our immigration process is more transparent than most other parts of the world. 
I am happy for your N-400! 
 

 

 

 

Oops https://www.uscis.gov/sites/default/files/document/memos/i-751_Filed_ Prior_Termination_3apr09.pdf

[Mobius1 175]

10 minutes ago, Family said:

Well, this old policy  memo from 2009 refers to Service Centers or Officers that may “ encounter “ information of separation or divorce proceedings that are NOT finalized during the processing of a jointly filed I-751.

It also states that Joint Filing is not waived for those separated or in divorce proceedings that are not finalized…as an example of the confusion surrounding the divorce waiver timing . 
 

But I must confess, for all its challenges, our immigration process is more transparent than most other parts of the world. 
I am happy for your N-400! 
 

 

 

 

Oops https://www.uscis.gov/sites/default/files/document/memos/i-751_Filed_ Prior_Termination_3apr09.pdf

A college graduate could be given a task to read up the laws and situations and come up with solution articles for review and approval but obviously it’s a very difficult task for USCIS. And kept difficult to screw people over 

Edited June 19, 2022 by Mobius1

[Family 3,988]

Well the law actually protected you from finding yourself in removal proceedings, as we speak and thank heavens USCIS is not allowed to oversimplify or limit  . 
 

Had you been required ( in black and white ) to immediately notify USCIS of divorce filing back in Feb 2021, you would NOT have been able to produce a final divorce decree within the allotted RFE time frame  ( 87 days) and an NTA would have been issued. 
 

The attorneys you consulted were trying to protect you from facing enormous expense and stress of going through removal proceedings to reaffirm the I-751 w divorce waiver. Your 9 month divorce was actually speedy, most can drag on and on. They were able to advise you of that ambiguous window and you had the opportunity to wait until you had decree in hand…without being penalized. 

 

A little scrutiny on your marriage as you interview for the N-400,  is a small inconvenience compared to having to deal with deportation and I hope you pat yourself on the back for being pro active and getting plenty of legal advice that you actually followed. You took advantage of a loophole, so to speak. 
 

 

 

 

 

[Wiks 3]

Notifying USCIS when you file for divorce -> GC denial 

Notifying USCIS when you have final divorce decree -> Issues with N400

 

It feels like you have to choose your battle...

[Mobius1 175]

1 minute ago, Wiks said:

Notifying USCIS when you file for divorce -> GC denial 

Notifying USCIS when you have final divorce decree -> Issues with N400

 

It feels like you have to choose your battle...

Hence the "Circus"