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Thread: Good faith waiver or new marriage?

  1. #1
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    Default Good faith waiver or new marriage?


    I currently hold a conditional GC. My marriage ended in a divorce on
    June 20th, 2005 (separated 6 months before).
    At this point I have 2 options:

    - Apply for a good faith waiver. I will have bank statements, car
    insurance statements, wedding pictures showing mine and her parents, 1
    or 2 affadavids. I cannot find the copies of apartment leases (I gave
    them USCIS during the GC interview a year ago, do they still have
    them? I saw the immigration officer putting them in the folder with my
    alien number on it).
    Do I have any chances? Should I hire a lawyer? My wife and I don't
    talk to each other anymore, she (or anybody from her family) will not
    give me an affadavid.
    Does anybody have a real experience with the waivers and
    documentation?

    - My current girlfriend wants to marry me. What paperwork should I use,
    since I've been a conditional permanent resident already. Do I have to
    start everything from the beginning?


    thank you for any advice, please don't hesitate ask me for any
    additional details

    Jacek
    Philadelphia, PA

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  2. #2
    Senior Member
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    Default Good faith waiver or new marriage?

    I currently hold a conditional GC. My marriage ended in a divorce on June 20th, 2005 (separated 6 months before). At this point I have 2 options: - Apply for a good faith waiver. I will have bank statements, car insurance statements, wedding pictures showing mine and her parents, 1 or 2 affadavids. I cannot find the copies of apartment leases (I gave them USCIS during the GC interview a year ago, do they still have them? I saw the immigration officer putting them in the folder with my alien number on it). Do I have any chances? Should I hire a lawyer? My wife and I don't talk to each other anymore, she (or anybody from her family) will not give me an affadavid. Does anybody have a real experience with the waivers and documentation? - My current girlfriend wants to marry me. What paperwork should I use, since I've been a conditional permanent resident already. Do I have to start everything from the beginning? thank you for any advice, please don't hesitate ask me for any additional details Jacek Philadelphia, PA
    File the I-751 waiver that shows you entered into the marriage in good
    faith. Just because you are divorced does not mean you don't have a
    chance. Many have reported filing successful waivers over the years.
    Good luck.

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  3. #3
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    Default Good faith waiver or new marriage?

    File the I-751 waiver that shows you entered into the marriage in good faith. Just because you are divorced does not mean you don't have a chance. Many have reported filing successful waivers over the years. Good luck.
    thanks a lot, Sphyrapicus

    is the lawyer necessary?

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  4. #4
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    Default Good faith waiver or new marriage?

    thanks a lot, Sphyrapicus is the lawyer necessary?
    That's up to you.

    All I can report is that I've read many accounts by do-it-yourselfers
    that were successful.

    As with any I-751, provide lots of evidence that the marriage was
    entered into in good faith. There is a fellow named Aguila on here who
    is the resident expert. You might try emailing or IM'ing him. He just
    recently was approved for an I-751 waiver, following a divorce.

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  5. #5
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    Default Good faith waiver or new marriage?

    That's up to you. All I can report is that I've read many accounts by do-it-yourselfers that were successful. As with any I-751, provide lots of evidence that the marriage was entered into in good faith. There is a fellow named Aguila on here who is the resident expert. You might try emailing or IM'ing him. He just recently was approved for an I-751 waiver, following a divorce.
    thanks again, I'm checking his posts.

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  6. #6
    Senior Member
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    Default Good faith waiver or new marriage?

    I currently hold a conditional GC. My marriage ended in a divorce on June 20th, 2005 (separated 6 months before). At this point I have 2 options: - Apply for a good faith waiver. I will have bank statements, car insurance statements, wedding pictures showing mine and her parents, 1 or 2 affadavids. I cannot find the copies of apartment leases (I gave them USCIS during the GC interview a year ago, do they still have them? I saw the immigration officer putting them in the folder with my alien number on it). Do I have any chances? Should I hire a lawyer? My wife and I don't talk to each other anymore, she (or anybody from her family) will not give me an affadavid. Does anybody have a real experience with the waivers and documentation? - My current girlfriend wants to marry me. What paperwork should I use, since I've been a conditional permanent resident already. Do I have to start everything from the beginning? thank you for any advice, please don't hesitate ask me for any additional details Jacek Philadelphia, PA
    Hi:

    Yes, your I-751 Waiver stands a chance. You should file it. Hiring a
    lawyer is up to you.

    I'm puzzled on the questions regarding marrying your current girlfriend.
    I find it strange that you visualize your choices as either being legal
    and unmarried or being married while remaining illegal. Praytell, what
    problem do you perceive by marrying her AND being legal?

    As for the paperwork in getting married, that is a matter of
    Pennsylvania law if you chose to marry in PA. From what I understand,
    the Commonwealth doesn't care about your immigration status when it
    comes to marriage.

    --
    Certified Specialist
    Immigration & Nat. Law
    Cal. Bar Board of Legal Specialization
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  7. #7
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    Default Good faith waiver or new marriage?

    Hi: Yes, your I-751 Waiver stands a chance. You should file it. Hiring a lawyer is up to you. I'm puzzled on the questions regarding marrying your current girlfriend. I find it strange that you visualize your choices as either being legal and unmarried or being married while remaining illegal. Praytell, what problem do you perceive by marrying her AND being legal? As for the paperwork in getting married, that is a matter of Pennsylvania law if you chose to marry in PA. From what I understand, the Commonwealth doesn't care about your immigration status when it comes to marriage.
    Hi
    I am in same kind of situation. I filed for removal of conditions a
    month ago but now we are having problems in our marriage. In case it end
    up in dovorce then what I need to do as i already have filed for the
    removal of conditions.
    Thanks for the response in advance.

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  8. #8
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    Default Good faith waiver or new marriage?

    Hi I am in same kind of situation. I filed for removal of conditions a month ago but now we are having problems in our marriage. In case it end up in dovorce then what I need to do as i already have filed for the removal of conditions. Thanks for the response in advance.
    Didn't you ask this in another thread already?
    http://britishexpats.com/forum/showthread.php?t=318594

    Simply put, once the divorce is final, file a waiver with the evidence
    of a good faith marriage and your decree. My understanding is that a
    jointly filed petition will not be adjudicated if the parties are no
    longer married.

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  9. #9
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    Default Good faith waiver or new marriage?

    Hi: Yes, your I-751 Waiver stands a chance. You should file it. Hiring a lawyer is up to you. I'm puzzled on the questions regarding marrying your current girlfriend. I find it strange that you visualize your choices as either being legal and unmarried or being married while remaining illegal. Praytell, what problem do you perceive by marrying her AND being legal? As for the paperwork in getting married, that is a matter of Pennsylvania law if you chose to marry in PA. From what I understand, the Commonwealth doesn't care about your immigration status when it comes to marriage.
    Thanks for the response.
    I was not very clear on the new marriage. Me and my girlfriend love each
    other and will probably get married somewhere down the road.
    My problem was:
    if we did get married sooner, I would not submit the I-751 and take my
    chances on the interview. I would rather get a new green card through my
    new wife, I would be 100% sure about supporting documentation in this
    case.
    What forms and paperwork should I submit in this case?

    thanks again,
    Jacek

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  10. #10
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    Default Good faith waiver or new marriage?

    Thanks for the response. I was not very clear on the new marriage. Me and my girlfriend love each other and will probably get married somewhere down the road. My problem was: if we did get married sooner, I would not submit the I-751 and take my chances on the interview. I would rather get a new green card through my new wife, I would be 100% sure about supporting documentation in this case. What forms and paperwork should I submit in this case? thanks again, Jacek
    Maybe it's just me, but it sounds like you're trying to make things more
    complicated than they need to be. Why would you start all over again
    from scratch if you have the chance to simply get the conditions
    removed? You have documentation and affadivits to present to prove that
    your marriage was entered into in good faith; if you had nothing it
    might be a different story.

    After all, if you choose NOT to have the conditions removed, you would
    probably have to leave the US, since you wouldn't have a valid visa
    anymore. That means you'd have to do the K1 or K3 route, and then go
    through adjustment all over again.

    Personally I would just try to get the conditions removed but have a back-
    up plan if that doesn't go through for some reason.

    ~ Jenney

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  11. #11
    Member
    Join Date
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    Default Good faith waiver or new marriage?

    I currently hold a conditional GC. My marriage ended in a divorce on June 20th, 2005 (separated 6 months before). At this point I have 2 options: - Apply for a good faith waiver. I will have bank statements, car insurance statements, wedding pictures showing mine and her parents, 1 or 2 affadavids. I cannot find the copies of apartment leases (I gave them USCIS during the GC interview a year ago, do they still have them? I saw the immigration officer putting them in the folder with my alien number on it). Do I have any chances? Should I hire a lawyer? My wife and I don't talk to each other anymore, she (or anybody from her family) will not give me an affadavid. Does anybody have a real experience with the waivers and documentation? - My current girlfriend wants to marry me. What paperwork should I use, since I've been a conditional permanent resident already. Do I have to start everything from the beginning? thank you for any advice, please don't hesitate ask me for any additional details Jacek Philadelphia, PA
    I'd stay with the current I-751 route myself. From what I've seen and
    read, second marriages are closely looked at. It looks like you should
    have enough evidence to support your case. Expect an interview.

    I'd also take a lawyer with you for the interview. They tend to be nicer
    to you than if you go alone.

    Been there, seen it and done it. Good luck.

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  12. #12
    Junior Member
    Join Date
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    Default Good faith waiver or new marriage?

    Maybe it's just me, but it sounds like you're trying to make things more complicated than they need to be. Why would you start all over again from scratch if you have the chance to simply get the conditions removed? You have documentation and affadivits to present to prove that your marriage was entered into in good faith; if you had nothing it might be a different story. After all, if you choose NOT to have the conditions removed, you would probably have to leave the US, since you wouldn't have a valid visa anymore. That means you'd have to do the K1 or K3 route, and then go through adjustment all over again. Personally I would just try to get the conditions removed but have a back-up plan if that doesn't go through for some reason. ~ Jenney
    Thanks for your message.

    I spoke to the immigration lawyer, he said that even with the
    documentation the chances for a waiver approval are 50%. I read other
    posts on this web site by a person named Aguila, he has the same numbers
    from his own research. Of course there are no true statistics available
    about I-751 waiver approval.


    I remember not getting a J-1 student visa at the embassy in Poland. My
    papers and invitations were real and perfect. I was coming on the
    internship program. The immigration officer said no without specifying
    the reason.

    I just had this one bad experience.

    As far as my ex marriage - I was working 2 jobs, my ex-wife quit her job
    and was not looking for a new one treating me like slave. This was the
    origin of our financial problems, that lead to others.
    Is it a good enough reason, why the marriage didn't work out?
    It will depend on the particular immigration officer (in my opinion).

    Jacek

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  13. #13
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    Default Good faith waiver or new marriage?

    Thanks for your message. I spoke to the immigration lawyer, he said that even with the documentation the chances for a waiver approval are 50%. I read other posts on this web site by a person named Aguila, he has the same numbers from his own research. Of course there are no true statistics available about I-751 waiver approval. I remember not getting a J-1 student visa at the embassy in Poland. My papers and invitations were real and perfect. I was coming on the internship program. The immigration officer said no without specifying the reason. I just had this one bad experience. As far as my ex marriage - I was working 2 jobs, my ex-wife quit her job and was not looking for a new one treating me like slave. This was the origin of our financial problems, that lead to others. Is it a good enough reason, why the marriage didn't work out? It will depend on the particular immigration officer (in my opinion). Jacek
    Jacek:

    Don't be afraid if you entered in your marriage in good faith you will
    succeed. You will win your case one way or another. USCIS adjudicator
    can deny you, but you can argue your case in fron of immigration judge.
    There is a lawyer here that claims that in many many years of experience
    hasn't lost once.

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  14. #14
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    Default Good faith waiver or new marriage?

    Jacek: Don't be afraid if you entered in your marriage in good faith you will succeed. You will win your case one way or another. USCIS adjudicator can deny you, but you can argue your case in fron of immigration judge. There is a lawyer here that claims that in many many years of experience hasn't lost once.
    LOL. That could indeed be true, but, any attorney has the right to
    refuse a bad case, you know

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  15. #15
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    Default Good faith waiver or new marriage?

    LOL. That could indeed be true, but, any attorney has the right to refuse a bad case, you know
    Hi:

    Aquila is being polite -- I happen to be the attorney and what I've said
    is that I've never lost a 751-waiver denial which was renewed before the
    Immigration Judge. I HAVE lost them before CIS with ultimate success if
    and when we got to the IJ.

    --
    Certified Specialist
    Immigration & Nat. Law
    Cal. Bar Board of Legal Specialization
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  16. #16
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    Default Good faith waiver or new marriage?

    Hi: Aquila is being polite -- I happen to be the attorney and what I've said is that I've never lost a 751-waiver denial which was renewed before the Immigration Judge. I HAVE lost them before CIS with ultimate success if and when we got to the IJ.
    Thanks for all the reponses.

    Jacek

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  17. #17
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    Default Good faith waiver or new marriage?

    Folinskyinla wrote:
    I currently hold a conditional GC. My marriage ended in a divorce onJune 20th, 2005 (separated 6 months before).At this point I have 2 options:- Apply for a good faith waiver. I will have bank statements, car insurance statements, wedding pictures showing mine and her parents, 1 or 2 affadavids. I cannot find the copies of apartment leases (I gave them USCIS during the GC interview a year ago, do they still have them? I saw the immigration officer putting them in the folder with my alien number on it). Do I have any chances? Should I hire a lawyer? My wife and I don't talk to each other anymore, she (or anybody from her family) will not give me an affadavid. Does anybody have a real experience with the waivers and documentation?- My current girlfriend wants to marry me. What paperwork should I use, since I've been a conditional permanent resident already. Do I have to start everything from the beginning?thank you for any advice, please don't hesitate ask me for anyadditional detailsJacekPhiladelphia, PA Hi: Yes, your I-751 Waiver stands a chance. You should file it. Hiring a lawyer is up to you. I'm puzzled on the questions regarding marrying your current girlfriend. I find it strange that you visualize your choices as either being legal and unmarried or being married while remaining illegal. Praytell, what problem do you perceive by marrying her AND being legal? As for the paperwork in getting married, that is a matter of Pennsylvania law if you chose to marry in PA. From what I understand, the Commonwealth doesn't care about your immigration status when it comes to marriage.
    .... Unless the current girlfriend is factually relevant to the bona
    fides of the first marriage. Of course we can't tell from the post.

    --
    Above intended as general commentary, not specific legal
    advice. Your mileage may vary.

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