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Can an immigrant remove his or her waiver 751 for a permanent green card if they can not provide any documentation of a bonafide

Los Angeles, CA |

marriage. In other words, is it possible to remove the waiver without sending immigration joint bank accounts, tax returns, joint bills and anything like that. The reason why I am asking is because the person I am inquiring about, he does not have any documentation to provide to immigration, but would still like to get his permanent green card by filing his 751. Is it possible to be granted the permanent green card in this case. The couple is divorced now.

Attorney Answers 4

Posted

How people who live together presumable for two years cause no trance of ever living together?

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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10 comments

Asker

Posted

We never lived together for two years. Only 11 months.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

How people who lived together presumable for 11 months managed to cause no trance of ever living together?

Asker

Posted

He was after his US residency and upon receiving his residency he managed to take off. We had joint bank account, but I closed it down right away, so that won't work as an evidence. I was the one who was working and did not incorporate him into my bills right away. He basically did not live with me at all after he got hold of his temporary green card. I am thinking that it's a good thing that I did not incorporate him into my bills and all if this is what he was after for, so now let him go and figure out how to prove himself when he has pretty much nothing. I did not intentionally keep him away from joint bills, it's just that's what happened at first and I was going to incorporate him as well as the time went by especially when we entered the 2-year period, but he took off with his residency, so this is why and how things happened.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

I think you maybe ok. but you need to consult with an attorney in person.

Asker

Posted

You mean me or him..he's the one with a problem, not me :))) I do not want him to get a green card as you understand as he abused the laws and took advantage of me. I am trying to fight this.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

report him to USCIS

Alexander Joseph Segal

Alexander Joseph Segal

Posted

Otherwise he will. He still may even if you do

Alexander Joseph Segal

Alexander Joseph Segal

Posted

because it is your word again his

Asker

Posted

Thank you...but then again his word I would say might not have weight if he can not prove that he entered the marriage honestly. Wouldn't this be his burden.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

it would be.

Posted

There are many different ways to prove that the marriage was bona fide, and sometimes you have to be very creative. To answer your question - yes, it is possible.

DISCLAIMER: The information appearing here is for general informational purposes only and is not intended to provide legal advice to any individual or entity. We urge you to contact us at (310) 988-5092 or info@i-551.com or consult with your own legal advisor before taking any action based on information appearing here.

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2 comments

Asker

Posted

even without any documentation

Anna Tsibel Moreas

Anna Tsibel Moreas

Posted

from my experience, clients often think they do not have any evidence but then are surprised but what can be used as evidence

Posted

Without submitting any evidence of the bona fides of the marriage, no.

You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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1 comment

Asker

Posted

Thank you...yes this is the case with him unfortunately.

Posted

In certain situations, it is possible to remove conditions on a green card even after a divorce. However, the applicant will still need to establish that the marriage was bona fide. I would advise your friend to retain an immigration attorney who can talk with them about the specifics of their situation and figure out what can be done.

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Asker

Posted

Thanks for your answer. I know it is possible it's just that his case is different as you understood....he has no documentation :(

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