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Thread: I 751 good faith waiver

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    I 751 good faith waiver

    Hi!

    I divorced from my USC spouse one year after my AOS was approved. After which I filed I751 good faith waiver along with the divorce decree and evidences. I completed my biometrics a month after. After 6 months I was called for an interview at my local office. The IO asked me everything about my marriage and reason for divorce that I answered honestly. Then to my surprise, he showed me a letter written by my EX accusing me of fraud, which I strongly denied. The IO didnt make any decision, he will have to ask his superiors before he makes a final decision. its been 8 months now, I have not heard from them.

    My timeline: I 751 waiver filed: Oct 2007, biometrics: Nov07, interview:May08
    Waiting for a decision. Its been 15 months already. Info pass and the online status indicate that the case is pending. This is far beyond standard time lines.

    I need some advice about my scenario. At this point I am really confused as to what can happen. Is there any hope.

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    When did you get married? I am just wondering because it sounds like you filed the I751 shortly after you got divorced. And you got divoced a year after your AOS. My undestanding is that you can file for citizenship after you have been a permanet resident for three years and still married. In the event of a divorce like in your case you file the good faith waiver, but you still need to wait the three years being a permanent resident. I hope someone who knows more about this can assist you.
    Thank you for your prayers, Thank you God for this amazing blessing! 2nd chance waiver app. 12/08/2009 picked up visa from DHL on 12/18/2009! Crossed the bridge that same night!

    "Faith is being sure of what we hope for and certain of what we do not see." Hebrews 11:1

    March 3, 2008 Visa Appointment
    May 28, 2008 Waiver appointment, waiver backlogged
    August 2, 2009 Waiver denied
    October 2, 2009 Second chance visa appointment
    December 8, 2009 Waiver appointment APPROVED

    Lived 22 months in Mexico with my two daughters and away from my husband. Over a year of that time I lived in Juarez. John 3:16 check it out!

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    polly (02-01-2009)

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    Quote Originally Posted by MariaAndSimon View Post
    When did you get married? I am just wondering because it sounds like you filed the I751 shortly after you got divorced. And you got divoced a year after your AOS. My undestanding is that you can file for citizenship after you have been a permanet resident for three years and still married. In the event of a divorce like in your case you file the good faith waiver, but you still need to wait the three years being a permanent resident. I hope someone who knows more about this can assist you.
    Yeah. I did file the 751 waiver as soon as I got the divorce decree. I am aware that citizenship can be filed on 5 year basis if divorced.
    Got married Oct 2005
    Last edited by polly; 01-31-2009 at 09:39 PM.

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    With an accusation of fraud, it is going to take a lot longer to process.

    What evidence did you present to support your claim of "good faith."

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    Quote Originally Posted by emt103c View Post
    With an accusation of fraud, it is going to take a lot longer to process.

    What evidence did you present to support your claim of "good faith."
    There was no corroborating evidence, only notarized letter accusing me for marrying her for the Green Card.

    Evidence: Apartment lease for 2 years, wedding pictures, other pictures of our trips, affidavits from family and friends, affidavit from the priest who married us, our attempt at marriage counseling, health insurance, letters at our address, a joint new car purchase, our joint checking account and finally our no fault divorce decree.

    Hope this helps. How much longer...any ideas how long these "fraud accused" cases can take?

    Thank you emt
    Polly
    Married Oct 05/AOS Aug 06/Divorced Aug 07
    751 good faith Oct 07/Bio.: Nov 07/Interview: May 08
    Waiting no decision as yet.....

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    wow

    wow this is so crazy...i was just talking to my girlfriend about this today as she went through her AOS process but was conditional and had applied to remove conditions with her i-751 packet and then a couple of months later her husband divorced her. It was a no fault divorce as he explained that he was no longer in love with her (suspect affairs but no proof) but I had no clue what to tell her. At the time she filed she was married and they filed jointly but now she is divorced. Should she now file another i-751 with a waiver or just let the initial i-751 ride because she followed what was required of her at the time? I told her that all i knew was that you couldn't file a waiver if you had a pending divorce that had not yet been finalized but her packet was already submitted almost a year ago and now they are divorced. Any advice out there? Not really sure that this would apply to the original poster so i apologize, I just thought i would interject and see what the rest of you thought? I almost went through this myself and it's scarey when they can't pull their heads out of their butts....lol
    I imagine it would be bad to pull an original 751 packet and then try to submit another but i also told her that would suck if she got remarried after permanent GC and then had to explain the name change and show the date on her divorce degree and it was while her 751 was pending. I always think it's better to be honest up front but i am not the expert..lol
    Good luck to you Polly, I hope it all works out for you.

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    polly (02-01-2009)

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    Polly--They can take quite a while. I'm sorry that this is happening. It sounds like you had quite a bit of evidence. It can take a while for them to investigate though.

    Did you use an attorney?

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    polly (02-01-2009)

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    Quote Originally Posted by boxergirl View Post
    wow this is so crazy...i was just talking to my girlfriend about this today as she went through her AOS process but was conditional and had applied to remove conditions with her i-751 packet and then a couple of months later her husband divorced her. It was a no fault divorce as he explained that he was no longer in love with her (suspect affairs but no proof) but I had no clue what to tell her. At the time she filed she was married and they filed jointly but now she is divorced. Should she now file another i-751 with a waiver or just let the initial i-751 ride because she followed what was required of her at the time? I told her that all i knew was that you couldn't file a waiver if you had a pending divorce that had not yet been finalized but her packet was already submitted almost a year ago and now they are divorced. Any advice out there? Not really sure that this would apply to the original poster so i apologize, I just thought i would interject and see what the rest of you thought? I almost went through this myself and it's scarey when they can't pull their heads out of their butts....lol
    I imagine it would be bad to pull an original 751 packet and then try to submit another but i also told her that would suck if she got remarried after permanent GC and then had to explain the name change and show the date on her divorce degree and it was while her 751 was pending. I always think it's better to be honest up front but i am not the expert..lol
    Good luck to you Polly, I hope it all works out for you.
    I hope it works out for me, but if the worse has to happen, I will just pack bags and head back. I was honest with the IO, I explained our weaknesses. I didn't handle the relationship well at fragile times. But I am not a fraud.


    Quote Originally Posted by emt103c View Post
    Polly--They can take quite a while. I'm sorry that this is happening. It sounds like you had quite a bit of evidence. It can take a while for them to investigate though.

    Did you use an attorney?
    No attorney.
    Yeah, its a sad situation when I seen the letter. Its not like my wife. It just cannot be. Well, I inspected the letter with my own hands, its definitely her signature. Seems like she was very hurt after the divorce and wanted to be vindictive. Someday, I will apologize to her if she thought I was here for the green card. Maybe she was feeling insecure of something, she has so many good qualities, she qualified and beautiful. The letter showed she had nothing to offer me but the Green Card. But that's not true. Well for now I will always hope that she finds love from someone who can love her better than me.
    I can never think bad about her.
    Last edited by polly; 02-01-2009 at 03:05 AM.
    Polly
    Married Oct 05/AOS Aug 06/Divorced Aug 07
    751 good faith Oct 07/Bio.: Nov 07/Interview: May 08
    Waiting no decision as yet.....

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    Your story is very similar to mine in the sense that my current I-130/I-485 is in jeoprdy b/c of my ex is accusing me of fraud.

    At this point, I STRONGLY recommend you contact CIS Ombudsman.

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    Quote Originally Posted by Mrs.T View Post
    Your story is very similar to mine in the sense that my current I-130/I-485 is in jeoprdy b/c of my ex is accusing me of fraud.

    At this point, I STRONGLY recommend you contact CIS Ombudsman.
    I will look into the CIS Ombudsman option. I have been to some free lawyer consultations for my delayed I751 waiver processing.

    They gave me a time line of 24 months because

    1. I filed for a good faith waiver.

    Some lawyers told me I should have filed for extreme abuse and cruelty for quicker processing. But I was never abused neither did I abuse her.

    2. My marriage lasted only a year after I got my conditional green card.

    I understand that it raises a red flag, but its better to be out of a toxic relationship than kill yourself.

    3. The letter of accusation makes the processing go slower because of added checks.
    Polly
    Married Oct 05/AOS Aug 06/Divorced Aug 07
    751 good faith Oct 07/Bio.: Nov 07/Interview: May 08
    Waiting no decision as yet.....

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