ROC I751 Waiver Filing and Interview: Help [merged threads]

[A1987WA 11]

  On 10/12/2024 at 5:37 AM, Family said:

Your ex told them marriage was a sham and all you wanted was a green card. 
They took over SIX years…that’s a big ole red flag. FDNS ( fraud unit ) worked your file, maybe  talked to a few people, maybe neighbors or employers. 
 

The attorney who filed your case still has a G-28 on record, I assume…why not take him? 
 

What’s the worst thing your ex could have said about your relationship? 

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I just want to add one more thing- We both even went for marriage counseling and to multiple counselors and multiple times 2 months prior her filing divorce. I have so many proofs that I tried to save marriage and tried to work on that. Even during divorce, I had to go to therapist and take medication for depression. I did not file those papers though. I just did not want to look her bad in my application. If USCIS completely ignores all these evidences just on her statement/complaints then it will not be at least a fair evaluation of my marriage and case. 

  On 10/12/2024 at 5:37 AM, Family said:

Your ex told them marriage was a sham and all you wanted was a green card. 
They took over SIX years…that’s a big ole red flag. FDNS ( fraud unit ) worked your file, maybe  talked to a few people, maybe neighbors or employers. 
 

The attorney who filed your case still has a G-28 on record, I assume…why not take him? 
 

What’s the worst thing your ex could have said about your relationship? 

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I just want to add one more thing- We both even went for marriage counseling and to multiple counselors and multiple times 2 months prior her filing divorce. I have so many proofs that I tried to save marriage and tried to work on that. Even during divorce, I had to go to therapist and take medication for depression. I did not file those papers though. I just did not want to look her bad in my application. If USCIS completely ignores all these evidences just on her statement/complaints then it will not be at least a fair evaluation of my marriage and case. 

[OldUser 8,362]

  On 10/12/2024 at 4:46 PM, A1987WA said:

I just want to add one more thing- We both even went for marriage counseling and to multiple counselors and multiple times 2 months prior her filing divorce. I have so many proofs that I tried to save marriage and tried to work on that. Even during divorce, I had to go to therapist and take medication for depression. I did not file those papers though. I just did not want to look her bad in my application. If USCIS completely ignores all these evidences just on her statement/complaints then it will not be at least a fair evaluation of my marriage and case. 

I just want to add one more thing- We both even went for marriage counseling and to multiple counselors and multiple times 2 months prior her filing divorce. I have so many proofs that I tried to save marriage and tried to work on that. Even during divorce, I had to go to therapist and take medication for depression. I did not file those papers though. I just did not want to look her bad in my application. If USCIS completely ignores all these evidences just on her statement/complaints then it will not be at least a fair evaluation of my marriage and case. 

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Those papers could be very helpful now. Evidence of you trying to solve the marital issues can help getting approval. Definitely have them in your pocket for the interview / RFE / NOID / next filing 

[Family 4,261]

  On 10/12/2024 at 4:46 PM, A1987WA said:

I just want to add one more thing- We both even went for marriage counseling and to multiple counselors and multiple times 2 months prior her filing divorce. I have so many proofs that I tried to save marriage and tried to work on that. Even during divorce, I had to go to therapist and take medication for depression. I did not file those papers though. I just did not want to look her bad in my application. If USCIS completely ignores all these evidences just on her statement/complaints then it will not be at least a fair evaluation of my marriage and case. 

I just want to add one more thing- We both even went for marriage counseling and to multiple counselors and multiple times 2 months prior her filing divorce. I have so many proofs that I tried to save marriage and tried to work on that. Even during divorce, I had to go to therapist and take medication for depression. I did not file those papers though. I just did not want to look her bad in my application. If USCIS completely ignores all these evidences just on her statement/complaints then it will not be at least a fair evaluation of my marriage and case. 

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Invariably a disgruntled ex makes allegations of marriage fraud when they complain/report their alien spouse to USCIS..so yeah, take the cavalry with you. 

 

The attorney that filed your I-751 case did a poor job if he allowed to hold back evidence such as marriage counseling…of course take it with you. 
 

Paying her $3K post divorce could help or hurt …imagine if ex reported that was a pay-to-play for your green card…

[SalishSea 18,345]

  On 10/12/2024 at 4:38 PM, A1987WA said:

I agree with you that it gets more difficult to get approved 2nd time. I filed with good faith marriage waiver and if any negative outcome, then may be I have to file with Extreme hardship waiver. I am not sure how that can span out but honestly if USCIS fairly evaluates my statements and listens my side they can easily find the facts that this was a good marriage but ended in divorce with rising differences. 

I was reading some sources about extreme hardship waiver qualifiers where I saw dependent minor kids or senior citizens can be factor. I do not have kids. But also there it said if you owe money to US Govt. I owe student loans to US education board and also my job is in USA with all USA licenses which are not valid in other countries. I can be in difficult situation financially and professionally if I leave. Also all those happened after I received CPR and I am in CPR for almost 8 years. 

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Extreme hardship to who?

[A1987WA 11]

  On 10/12/2024 at 7:29 PM, SalishSea said:

Extreme hardship to who?

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To myself, we did not have children. I won't be able to pay back car and educational loans if I have to move out. Also professionally all achievements and certifications will go under water because they won't have any value in my country. Extreme hardship to minor or dependent senior citizens are top in that category but it can be applicable to applicant as well based on factors. The question is how much acceptable that will be. Let's see what happens first. I pray to God to send me in right direction where I will find peace. 

[OldUser 8,362]

  On 10/12/2024 at 7:47 PM, A1987WA said:

To myself, we did not have children. I won't be able to pay back car and educational loans if I have to move out. Also professionally all achievements and certifications will go under water because they won't have any value in my country. Extreme hardship to minor or dependent senior citizens are top in that category but it can be applicable to applicant as well based on factors. The question is how much acceptable that will be. Let's see what happens first. I pray to God to send me in right direction where I will find peace. 

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USCIS typically cares about hardship to US citizens.

[SalishSea 18,345]

  On 10/12/2024 at 7:47 PM, A1987WA said:

To myself, we did not have children. I won't be able to pay back car and educational loans if I have to move out. Also professionally all achievements and certifications will go under water because they won't have any value in my country. Extreme hardship to minor or dependent senior citizens are top in that category but it can be applicable to applicant as well based on factors. The question is how much acceptable that will be. Let's see what happens first. I pray to God to send me in right direction where I will find peace. 

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That’s not how the extreme hardship waiver works…..

[mindthegap 2,610]

  On 10/12/2024 at 4:29 PM, A1987WA said:

 If FDNS worked on my profile, I do not think they would find anything derogatory other than my ex and some family members remarks. 

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That is all it takes...unfortunately. 

 

  On 10/12/2024 at 4:46 PM, A1987WA said:

 If USCIS completely ignores all these evidences just on her statement/complaints then it will not be at least a fair evaluation of my marriage and case. 

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I also included marriage counselling documentation in amongst my 5000+ page last submission. Ignored.

Now you are getting it...and how the mind of these morons works. It isn't fair, it is subjective, and once they have their mind made up, thats it.

I have four I-751 filings to back that up.

 

 

 

[A1987WA 11]

  On 10/14/2024 at 3:36 PM, mindthegap said:

 

That is all it takes...unfortunately. 

 

I also included marriage counselling documentation in amongst my 5000+ page last submission. Ignored.

Now you are getting it...and how the mind of these morons works. It isn't fair, it is subjective, and once they have their mind made up, thats it.

I have four I-751 filings to back that up.

 

 

 

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It is very unfortunate; I know. I have an affidavit from my ex-wife prior filing her divorce and way more prior to her complaints (I am not sure if she complained or even if it was properly heard to be honest). Also I went through our emails this weekend and found an email that she sent a year after divorce where she was communicating about an IRS matter from our marriage time and also said sorry for her behave of that time and some meaningless apologies. I also recovered some of our correspondence recently where they show we shared love, care and also how the downfall started and marriage ended. If all these do not make sense, then I do not know how another of my I-751 filing (in negative consequence of this one) will help or increase. Also I heard you can only file I-751 if USCIS does not issue NTA. I am not certain. 

[mindthegap 2,610]

  On 10/14/2024 at 3:52 PM, A1987WA said:

 Also I heard you can only file I-751 if USCIS does not issue NTA. 

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That is not correct.

[A1987WA 11]

Hello, I spoke with 3 different attorneys for legal counsel regarding my case this week. During conversation, we covered the I 751 waiver interview, case documents, defenses and steps if negative outcome happens, and what to expect in the interview etc. To be honest, there is no set piece of interview setup and it really depends on officer I believe. All the lawyers said that the provided documents look good and since the marriage was real, so they expect me to answer the questions quickly and concisely. None of the attorneys had any idea how to defend spouse complaints if comes up during interview. One lawyer said that it might be possible they completely ignored whatever she said and another lawyer said since I did not receive any RFE or NOID so I can face some questions based on her complaints. But he added that since there was no arrest or family violence etc, so I would get chance to rebut if there is any false claim from ex. Another attorney said she gave you an affidavit and it was dated prior divorce, so why USCIS would look what she said after divorce? Also a layer mentioned that sometimes USCIS field officers can be rude in questioning or sometimes they may lack proper knowledge because they can be newly hired people with few weeks of training who do not have deeper and cleaner understanding of family immigration laws and cases.

We had conversation over defenses and one lawyer said I can ask judge to review if they issue NTA and judges are more knowledgable in assessing the case comparing to USCIS field officers. Another lawyer said it takes 6-12 months to get to a judge if they a NTA is issued. Also he mentioned USCIS may issue RFE or NOID if they need more evidence or answer to something that can't be addressed during interview; she did not suggest filing another I751 immediately. Another lawyer said we can have a full packet of another I751 ready so that we can submit another 751 immediately. I am little confused which option to take. All of them sounded confident to win the case based on evidence if the interview goes well. These times are really nerve breaking. I am now potentially thinking if I should go interview on own and face the interview. Honestly it will be me who will answer everything; the attorney will just keep sitting next to me and watching I believe. 

[Boiler 46,517]

To take or not take a lawyer is of course your choice.

[OldUser 8,362]

  On 10/19/2024 at 3:05 AM, A1987WA said:

Hello, I spoke with 3 different attorneys for legal counsel regarding my case this week. During conversation, we covered the I 751 waiver interview, case documents, defenses and steps if negative outcome happens, and what to expect in the interview etc. To be honest, there is no set piece of interview setup and it really depends on officer I believe. All the lawyers said that the provided documents look good and since the marriage was real, so they expect me to answer the questions quickly and concisely. None of the attorneys had any idea how to defend spouse complaints if comes up during interview. One lawyer said that it might be possible they completely ignored whatever she said and another lawyer said since I did not receive any RFE or NOID so I can face some questions based on her complaints. But he added that since there was no arrest or family violence etc, so I would get chance to rebut if there is any false claim from ex. Another attorney said she gave you an affidavit and it was dated prior divorce, so why USCIS would look what she said after divorce? Also a layer mentioned that sometimes USCIS field officers can be rude in questioning or sometimes they may lack proper knowledge because they can be newly hired people with few weeks of training who do not have deeper and cleaner understanding of family immigration laws and cases.

We had conversation over defenses and one lawyer said I can ask judge to review if they issue NTA and judges are more knowledgable in assessing the case comparing to USCIS field officers. Another lawyer said it takes 6-12 months to get to a judge if they a NTA is issued. Also he mentioned USCIS may issue RFE or NOID if they need more evidence or answer to something that can't be addressed during interview; she did not suggest filing another I751 immediately. Another lawyer said we can have a full packet of another I751 ready so that we can submit another 751 immediately. I am little confused which option to take. All of them sounded confident to win the case based on evidence if the interview goes well. These times are really nerve breaking. I am now potentially thinking if I should go interview on own and face the interview. Honestly it will be me who will answer everything; the attorney will just keep sitting next to me and watching I believe. 

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A good attorney can point out irrelevant questions from officer and redirect interview back to things that actually matter.

 

Just the presence of attorney often helps keeping officer accountable and in check.

 

Attorney can take notes of interview (you cannot).

 

Whether to take attorney or not is totally your choice.

 

I can personally see value in paying somebody for that last push, since it's super important part of immigration process. You may think otherwise and it's fine.

 

Good luck!

[A1987WA 11]

  On 10/20/2024 at 2:31 AM, OldUser said:

A good attorney can point out irrelevant questions from officer and redirect interview back to things that actually matter.

 

Just the presence of attorney often helps keeping officer accountable and in check.

 

Attorney can take notes of interview (you cannot).

 

Whether to take attorney or not is totally your choice.

 

I can personally see value in paying somebody for that last push, since it's super important part of immigration process. You may think otherwise and it's fine.

 

Good luck!

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I totally agree. Specially it depends on attorney too how he/she will act. I met some aggressive attorneys (like focused, determined for success and does not give up) who really made me feel confident. I was reading some articles about rude and disturbing behavior of USCIS officers. Hope my case and interview go smooth and I get fair chance to represent myself, evidences and everything honestly.  

[A1987WA 11]

Folks, good morning to all. I had my interview today. It was not very rough as I was prepared for or tough. I went with my lawyer and we both had our files. After an hour or so waiting, the interview officer called me. I went with lawyer and he introduced himself. He asked me to take oath. Then we sat and he asked for interview notice and green card copy, also driving license copy. I mentioned my address change in DL , so he fixed it in system. He asked my full name, ex-spouse name, date of divorce, checked if I had divorce decree. Asked what evidences we provided and we mentioned joint tax, joint lease, bills, bank statements, 4 vehicles, 3 motor loans, marriage counseling etc. He was taking notes I believe. Asked how we met and who proposed whom and how. Then he said "okay you will receive your decision if case get approved, I have everything needed to review". He asked if I had any question, I said no. I asked if he had any question and feel to know anything if he needed. He said he did not think so. My lawyer said if he could ask few questions just to take as testimony. Then he was like kind of NOT NEED TYPE MODE but asked how long you guys dated and asked why so early got married (like 4 months). I explained that we had a fantastic relationship and it was very well shared, cared, and it was a bucket of love, affection, care, attention etc. He asked how the marriage ended and who filed for divorce. I said my ex filed and went to answer how it ended. The officer said no need to explain actually since you guys are divorced and we have divorce decree. He said you and your lawyer will receive a decision once made. 

I thanked officer for being nice and respectful, also thanked him for chance to have conversation.He took copy of DL and GC, we were waiting outside. He came and returned the DL/GC. I thanked him again and said it was pleasure meeting him. He smiled and said thanks for coming. Now I am shattering again in stress why did not he ask many questions to understand the marriage situation or he already made up his mind prior our entrance. My lawyer said it went well and not to worry about any spouse complaint because the tone of officer was not negative. But the officer did not say anything about approval or confirmation of a decision.  Any idea how long I have to wait for a decision? And is it a red flag that he did not ask some common questions?