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zDarkAngelz

Wife wants to divorce while pending i-751

By zDarkAngelz in Removing Conditions on Residency General Discussion

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Boiler Grand Master

Boiler   45,468

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Filed: K-1 Visa Country: Wales
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2 minutes ago, Jasskatten said:

I agree, it is not very clear, but it seems to me it is relevant that nowhere do they say you are required/must inform USCIS of divorce proceedings, but they do explicitly point that out for other information. They also say they will ask for a waiver request in the RFE, so they seem you assume that you did not request a waiver, for whatever that is worth.

 

Since it is not clear, in my opinion it is good to check with a lawyer. And if not sure, get a second opinion from a second lawyer... (Sorry for repeating myself, but that is a very important point in my opinion.)

 

Regarding the case that boiler and MikeE reference, that case seems to have more going on than just a divorce. Didn't read the whole thread, it was looong, but he did adjust from a tourist visa (so basically proof of misrepresentation already), and his info in N-400 and i-751 did not match. Red flags all over the place for that guy.

A Lawyer can give you an opinion there is no law book to look up the answer.

 

Not sure what case I am supposed to have referenced, I do not know how the person entered in the one I mentioned nor can I think how it is relevant.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Paul Hanaki
Paul Hanaki

Listen to your attorney. You are paying your attorney money and you have a business relationship with them and if anything goes wrong you have a legal recourse. Listening to people on a forum of which

Paul Hanaki
Paul Hanaki

For one he has already filed I-751. Second no one has suggested he lie to USCIS about the pending divorce. If he has an interview he should bring his still spouse and be honest that they are in divorc

Paul Hanaki
Paul Hanaki

Did you not even read the memo. It is an 87 day extension for people that file a 751 for a divorce waiver without a divorce. A final decree can take a month or it can take a year depending on the area

Jasskatten Rookie

Jasskatten   23

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4 minutes ago, Boiler said:

A Lawyer can give you an opinion there is no law book to look up the answer.

 

Not sure what case I am supposed to have referenced, I do not know how the person entered in the one I mentioned nor can I think how it is relevant.

Sorry, I assumed that the thread MikeE referenced was the same case you mentioned, I should not have done that.

 

The relevance is that by entering as a tourist and then marrying and doing AOS from a tourist visa, the person in MikeE's thread has most likely already misrepresented himself once. Add to that that he gave different years for when he entered the country (2000 vs 2010), it is not surprising that guy seems high risk for fraud.

 

I agree with you that lawyer can only give opinion, if OP applies for N400 it depends on the decision of the IO, whose weighing of the evidence is subjective (even if they do their best to be objective). 

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Boiler Grand Master

Boiler   45,468

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Filed: K-1 Visa Country: Wales
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If they had misrepresented then to get the GC they would have gone though the waiver process. 

 

You can get a false impression from VJ, certainly the people I have actually met have in the main adjusted without issue 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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