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Hello , Please see below a question regarding I 751 Waiver interview . Thanks

Newport Beach, CA |

Hello ,
I have filed my I 751 waiwer (based on divorce in California in January 23, 2013. I filed for divorce that same month but have not yet received the decree. Per my lawyer I should have received an RFE to be sent back via email but instead I received an interview notice asking me to come with the usual paperwork as well as divorce decree and docs showing the end of our relationship. My interview date date is May 17th which seems pretty early in the process . Could I get some insights about this ?
Best

Attorney Answers 6


  1. Insights about what?

    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.


  2. You must attend the interview.
    It sounds like you are being represented by an attorney. I am not sure if your attorney will attend with you. Ask your attorney. Your attorney should be able to tell you about the interview. Good luck.


  3. Hi hope that you are well. Are you already divorced? Sometimes we think that the Service is going to send us an RFE and they don't. However, in this case they are going to be interested in seeing your divorce decree even if they didn't RFE you for it. I suggest that you take such document with you to the interview and just supplement your petition at that time. Take an original to show the Officer and a copy for the Officer's file. Hope that helps. Good Luck!


  4. If I understand you correctly you have filed to remove conditions based on a good faith marriage waiver but until the divorce is done this type of case cannot be approved. Ask your divorce lawyer if you can expedite the divorce. If you do not receive a divorce judgment by the time of the interview then your case will be denied and your status terminated. Bring an experienced immigration attorney with you to the interview along with all your evidence and let them know that the divorce is pending and you plan to refile. Once your case is denied you will be without status but as soon as the divorce go through you should be prepared to refile the I-751 good faith waiver with all the evidence again including the Original Divorce Judgment. Your attorney should be advising you about these possibilities but it is usual that an RFE rather then an interview would be expected but as most immigration attorneys will tell you anything is possible with immigration services. If your attorney has experience with these type of cases consult with him/her. If not get an experienced I-751 waiver attorney in your area to represent you. Good Luck!

    DISCLAIMER: The information you obtained in this answer is not, nor is it intended to be, legal advice and it should not be construed as a formation of a client-attorney relationship or legal representation, which can only occur after the execution of a formal engagement letter or retainer agreement. For a FREE Consultation call (212) 804-5770 or visit us at www.StatusImmigration.com


  5. I would consider asking your attorney to reschedule your interview in order to try and buy some time for your divorce to finalize. If the interview takes place prior to the actual divorce the I-751 will likely be denied because you neither have a joint petition nor are eligible for the I-751 waiver due to the fact you are still married. It often takes several months for CIS to reschedule. By then, the January 2013 divorce you filed may be finalized.


  6. You need to reschedule the interview as I you are still married and cannot provide the divorce decree your application will be denied

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