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

[A1987WA 11]

Hello: I had my i751 filed with divorce waiver on April 2018 and got notice for interview October 2024. We got married in October 2015, divorced October 2017 and I have been a CPR since August 2016. Our marriage was genuine but ended in divorce on ground of insupportability where she filed for divorce. I am now again extremely worried about possible outcomes. I settled myself in last few years and have been a CPR for 8 years almost. I got several US based financial licenses and working in a reputable firm. I filed my ROC with good evidences of bonafide marriage IMO but still very stressed since I got the interview notice. I did not get any RFE though. 

I submitted followings with my ROC (briefly): Marriage certificate, Divorce decree, My affidavit explaining our love-marriage-divorce, 3 family and friends affidavits, Joint lease paper, Joint utility bills, Joint bank accounts, Joint car insurance, Joint vehicle ownership, Joint IRS tax filing transcripts, our photos, our communication during marriage and during divorce, proof of several marriage counseling to save marriage, some of our letters which showed our shared love and affections etc.

 

I thought USCIS will see the evidences to make a judgement on our marriage. But things may get complex as I was told by her friend and my ex brother in law that she filed a letter or complaint to get out of the sponsorship (financial). We had verbal arguments during our divorce and she thought I would start living on her if I go broke. Honestly, opposite happened and I helped her even after 1 year of divorce when she was having hard time to pay tuition in her last semester! I am not sure how this can impact (in case if her complaint/letter appears during interview) because my paralegal said USCIS can take her words as Word of God. 

I have my own student loans, jobs, life and have everything in USA now. I am confident that I can show my love and bonafide marriage but still scared after talking to that paralegal that what if USCIS does not listen to me or see my all evidences. Any advice or opinion on this? 

In case of negative outcomes, how the situation goes? Do I get chance to appeal? Or Do they allow time to prepare myself for next step? I already submitted everything I had to prove my bonafide marriage, so I may not add anything more. 

Some people said I provided ample evidences and USCIS knows about grudging spouses. Some said they won't hear anything if she writes a letter and I won't have any ground because we are not married anymore. Please kindly share if any of you have experience or knowledge on my type situation/case. 

[Aeroplane 9]

3 hours ago, A1987WA said:

Hello: I had my i751 filed with divorce waiver on April 2018 and got notice for interview October 2024. We got married in October 2015, divorced October 2017 and I have been a CPR since August 2016. Our marriage was genuine but ended in divorce on ground of insupportability where she filed for divorce. I am now again extremely worried about possible outcomes. I settled myself in last few years and have been a CPR for 8 years almost. I got several US based financial licenses and working in a reputable firm. I filed my ROC with good evidences of bonafide marriage IMO but still very stressed since I got the interview notice. I did not get any RFE though. 

I submitted followings with my ROC (briefly): Marriage certificate, Divorce decree, My affidavit explaining our love-marriage-divorce, 3 family and friends affidavits, Joint lease paper, Joint utility bills, Joint bank accounts, Joint car insurance, Joint vehicle ownership, Joint IRS tax filing transcripts, our photos, our communication during marriage and during divorce, proof of several marriage counseling to save marriage, some of our letters which showed our shared love and affections etc.

 

I thought USCIS will see the evidences to make a judgement on our marriage. But things may get complex as I was told by her friend and my ex brother in law that she filed a letter or complaint to get out of the sponsorship (financial). We had verbal arguments during our divorce and she thought I would start living on her if I go broke. Honestly, opposite happened and I helped her even after 1 year of divorce when she was having hard time to pay tuition in her last semester! I am not sure how this can impact (in case if her complaint/letter appears during interview) because my paralegal said USCIS can take her words as Word of God. 

I have my own student loans, jobs, life and have everything in USA now. I am confident that I can show my love and bonafide marriage but still scared after talking to that paralegal that what if USCIS does not listen to me or see my all evidences. Any advice or opinion on this? 

In case of negative outcomes, how the situation goes? Do I get chance to appeal? Or Do they allow time to prepare myself for next step? I already submitted everything I had to prove my bonafide marriage, so I may not add anything more. 

Some people said I provided ample evidences and USCIS knows about grudging spouses. Some said they won't hear anything if she writes a letter and I won't have any ground because we are not married anymore. Please kindly share if any of you have experience or knowledge on my type situation/case. 

I would say, cross the bridge when you get to it. If you can prove your Bonafide with all those proofs officer will believe ( depends on the officer). For negative let experts to say on it. DO not worry 

[Boiler 45,434]

Wow that took a very long time to get an interview.

 

I have seen many similar cases approved and you did not try and remove conditions on the basis of a good faith marriage when in divorce proceedings, now that can cause problems.

 

You could always take a Lawyer with you? There have been no end of US Spouses who have wanted USCIS to deport their Ex's on here, can only think of 2 in all my years where that has happened and both were pretty blatant.

 

The most common comment on here is that the USC should want the LPR to Naturalise as they are still on the hook for the I 864.

[OldUser 6,586]

3 hours ago, A1987WA said:

Hello: I had my i751 filed with divorce waiver on April 2018 and got notice for interview October 2024. We got married in October 2015, divorced October 2017 and I have been a CPR since August 2016. Our marriage was genuine but ended in divorce on ground of insupportability where she filed for divorce. I am now again extremely worried about possible outcomes. I settled myself in last few years and have been a CPR for 8 years almost. I got several US based financial licenses and working in a reputable firm. I filed my ROC with good evidences of bonafide marriage IMO but still very stressed since I got the interview notice. I did not get any RFE though. 

I submitted followings with my ROC (briefly): Marriage certificate, Divorce decree, My affidavit explaining our love-marriage-divorce, 3 family and friends affidavits, Joint lease paper, Joint utility bills, Joint bank accounts, Joint car insurance, Joint vehicle ownership, Joint IRS tax filing transcripts, our photos, our communication during marriage and during divorce, proof of several marriage counseling to save marriage, some of our letters which showed our shared love and affections etc.

 

I thought USCIS will see the evidences to make a judgement on our marriage. But things may get complex as I was told by her friend and my ex brother in law that she filed a letter or complaint to get out of the sponsorship (financial). We had verbal arguments during our divorce and she thought I would start living on her if I go broke. Honestly, opposite happened and I helped her even after 1 year of divorce when she was having hard time to pay tuition in her last semester! I am not sure how this can impact (in case if her complaint/letter appears during interview) because my paralegal said USCIS can take her words as Word of God. 

I have my own student loans, jobs, life and have everything in USA now. I am confident that I can show my love and bonafide marriage but still scared after talking to that paralegal that what if USCIS does not listen to me or see my all evidences. Any advice or opinion on this? 

In case of negative outcomes, how the situation goes? Do I get chance to appeal? Or Do they allow time to prepare myself for next step? I already submitted everything I had to prove my bonafide marriage, so I may not add anything more. 

Some people said I provided ample evidences and USCIS knows about grudging spouses. Some said they won't hear anything if she writes a letter and I won't have any ground because we are not married anymore. Please kindly share if any of you have experience or knowledge on my type situation/case. 

I would hire a lawyer, let them review everything you submitted, prepare you for the interview and go to interview with you.

 

[A1987WA 11]

28 minutes ago, OldUser said:

I would hire a lawyer, let them review everything you submitted, prepare you for the interview and go to interview with you.

 

I submitted my file through lawyers. I was wondering if I should go by myself or take a lawyer with me. Not sure what impacts lawyer can make during interview. 

[A1987WA 11]

32 minutes ago, Boiler said:

Wow that took a very long time to get an interview.

 

I have seen many similar cases approved and you did not try and remove conditions on the basis of a good faith marriage when in divorce proceedings, now that can cause problems.

 

You could always take a Lawyer with you? There have been no end of US Spouses who have wanted USCIS to deport their Ex's on here, can only think of 2 in all my years where that has happened and both were pretty blatant.

 

The most common comment on here is that the USC should want the LPR to Naturalise as they are still on the hook for the I 864.

I had to wait for divorce decree. I received that in early December 2017 and submitted in April 2018 because I was going through mess and kind of depression after my divorce. But I filed way long time before it was due. 

[A1987WA 11]

@TBoneTX Your thoughts? Ideas?

[OldUser 6,586]

9 minutes ago, A1987WA said:

I submitted my file through lawyers. I was wondering if I should go by myself or take a lawyer with me. Not sure what impacts lawyer can make during interview. 

Absolutely go with a lawyer. That's what I would do. Lawyer often keeps USCIS questions to point and ensures your rights are respected. Lawyer can prepare you for the interview and also keep record of all being said during interview.

 

I barely see any reports of USCIS officers mocking people, putting them down, screaming at them or asking inappropriate questions when lawyer is present. But this happens to people who go without lawyer from time to time.

Edited October 12 by OldUser

[A1987WA 11]

8 minutes ago, OldUser said:

Absolutely go with a lawyer. That's what I would do. Lawyer often keeps USCIS questions to point and ensures your rights are respected. Lawyer can prepare you for the interview and also keep record of all being said during interview.

 

I barely see any reports of USCIS officers mocking people, putting them down, screaming at them or asking inappropriate questions when lawyer is present. But this happens to people who go without lawyer from time to time.

Thanks for sharing this. I would try to go with lawyer. I am going through some USCIS clauses and it says the decision is DISCRETIONARY when applicant is single spouse where marriage ended. So the ball is at their court. If discretionary and USCIS can do whatever, then they should not just keep this option. It does not make sense specially when someone here is already on 8 years as CPR and has established a solid life. 

[TBoneTX 45,223]

3 hours ago, A1987WA said:

@TBoneTX Your thoughts? Ideas?

I agree with OldUser and Boiler -- take a lawyer with you for peace of mind.

[Family 3,988]

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? 

[carmel34 3,620]

14 hours ago, A1987WA said:

Thanks for sharing this. I would try to go with lawyer. I am going through some USCIS clauses and it says the decision is DISCRETIONARY when applicant is single spouse where marriage ended. So the ball is at their court. If discretionary and USCIS can do whatever, then they should not just keep this option. It does not make sense specially when someone here is already on 8 years as CPR and has established a solid life. 

All USCIS decisions are discretionary, i.e., they make a judgment based on the evidence submitted and the totality of the circumstances.  From what you have described, you should be okay.  If you get denied, you can re-file a new I-751.

[OldUser 6,586]

31 minutes ago, carmel34 said:

All USCIS decisions are discretionary, i.e., they make a judgment based on the evidence submitted and the totality of the circumstances.  From what you have described, you should be okay.  If you get denied, you can re-file a new I-751.

If only it was this easy to solve it.

@mindthegap @Ksenia_k who had multiple I-751s can confirm - once USCIS make up their mind, it's very difficult to overcome their original decision. I'd rather not get denied from the start.

 

In OP's case I'd prepare very well for the interview, try very hard to find even more evidence the marriage was real and go to the interview with a lawyer.

 

The value of good lawyer also is in crafting factually based personal statements. They can work with OP writing one plus contact the ex too and get statement from her. It doesn't seem like OP talks to her, but lawyer can approach as a neautral party and get something in writing saying she doesn't mind OP's conditions being removed.

 

OP needs to treat this interview very seriously and put effort in to ensure it goes smooth.

Edited October 12 by OldUser

[A1987WA 11]

10 hours ago, 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? 

Hello, thanks for sharing insights. FDNS worked on my profile and application- that is a good possibility if she had submitted complaint/letter. But also know that USCIS has been backlogged for a long time as well; specially with waiver cases. If FDNS worked on my profile, I do not think they would find anything derogatory other than my ex and some family members remarks. The worst thing my ex could say (not true though) I guess either I forced her to marry me or she was naive or she was not ready for marriage or it was a mistake something like that. She might have tried to pour the faults on me to look me bad and her as victim to safely get out of affidavit. She would not say sham because she knew we loved each other which was true. And also she went to first green card interview 2 times. My 1st file got rejected because we both travelled abroad while 485 pending. Then we went for 2nd filing interview. How someone can go 2 times and still complains? One more thing- She gave me an affidavit too around July 2017 during our divorce which I did not attach in my 751 filing because it does not have much info other than her saying it was a love marriage and she is not ready for continuation as I have chosen different path (pursuing higher education and moving to a new city together). I may take it with me during interview but not sure how helpful that will be as she mentioned I had chosen different path. One more thing she may complaint that I was controlling her decisions and choices for education and works etc which was never right. I was participating in our decision and caring on every step as she was my wife so that she could be successful. I can also take the copies of checks (USD 3000 approx) that I paid for her tuition after a year of our divorce when she called me and said she lost her scholarship. If there was no love, I would not be that much serious for her career and school who already left me and I also heard she complained to USCIS too. If these do not prove love to USCIS, then I do not know what to say.  

[A1987WA 11]

29 minutes ago, OldUser said:

If only it was this easy to solve it.

@mindthegap @Ksenia_k who had multiple I-751s can confirm - once USCIS make up their mind, it's very difficult to overcome their original decision. I'd rather not get denied from the start.

 

In OP's case I'd prepare very well for the interview, try very hard to find even more evidence the marriage was real and go to the interview with a lawyer.

 

The value of good lawyer also is in crafting factually based personal statements. They can work with OP writing one plus contact the ex too and get statement from her. It doesn't seem like OP talks to her, but lawyer can approach as a neautral party and get something in writing saying she doesn't mind OP's conditions being removed.

 

OP needs to treat this interview very seriously and put effort in to ensure it goes smooth.

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.