USCIS confusion tale:)

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Nora - 27 Jan 2006 16:12 GMT

Hey guys, here I am again, even more confused than before!:)

I wrote about my case before, but I'll just make a brief synopsis:

I filed an I-751 jointly w/ my husband. We've got divorced; my case is
still pending because it's been moved around from one state to another
due to the change of address.

Now, after speaking w/ several lawyers (didn't hire one yet tho'!) I
was ready to file a waiver, by myself (since I've got divorced).

I thought it's a good idea to call USCIS and check on my case first,
and also ask for their opinion about re-filing while my case it's still
pending. I couldn't believe my ears when they said I should wait until
I will be called for an interview, tell them I've got divorced and do
what they tell me to do..

My confusion is bigger than ever...so should I listen to my lawyer and
re-file to save time...or just listen to uscis and wait to be called
for an interview?

Always grateful,
Nora

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Ray - 27 Jan 2006 16:50 GMT

> Hey guys, here I am again, even more confused than before!:)
>
[quoted text clipped - 20 lines]
> Always grateful,
> Nora

Perhaps your question should be
Should I listen to a contract worker who has no knowledge of Immigration
.let alone law

Or a qualified Lawyer ... The decision is yours ..

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jeffreyhy - 27 Jan 2006 17:32 GMT

> Hey guys, here I am again, even more confused than before!:)
>
[quoted text clipped - 20 lines]
> Always grateful,
> Nora

Nora,

Have you discussed this bit of information with any of the lawyers
you've spoken to?

Regards, JEff

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Nora - 27 Jan 2006 21:07 GMT

jeff, I am not sure what you are referring to whan you say "this bit of
information." I have certainly discussed my case entirely with the
lawyers I have spoken with. I didn't mention to any of the lawyers what
the immigration customer representative told me since this just
happened recently...does it make any difference?

Nora

> > Hey guys, here I am again, even more confused than before!:)
> >
[quoted text clipped - 33 lines]
> (Dave Barry)
> Posted via http://britishexpats.com

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jeffreyhy - 27 Jan 2006 23:28 GMT

> jeff, I am not sure what you are referring to whan you say "this bit
> of
[quoted text clipped - 48 lines]
> > (Dave Barry)
> > Posted via http://britishexpats.com

Nora,

I meant the approach recommended by the mis-information line.

You said that this confused you, and asked whether you should listen to
the attornies or listen to the mis-information line. I think the
confusion could be resolved if you discussed the alternate approach with
one of the attornies - they could then explain which approach would be
better and why.

Regards, JEff

Signature

Of course, the Internet also tells us that hot naked women want to
befriend us, so we can't be 100% sure about everything we read there.
(Dave Barry)

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Nora - 31 Jan 2006 18:42 GMT

Thanks everyone for your responses!

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Rete - 27 Jan 2006 21:03 GMT

> Hey guys, here I am again, even more confused than before!:)
>
[quoted text clipped - 20 lines]
> Always grateful,
> Nora

Nora

You have consulted with several attorneys in the hopes of making a
decision on which one would be best qualified to assist you in removing
your conditions. The information you got from the CIS was most likely
from calling 1-800 misinformation number. Please note these are not CIS
employees. The phone operators there are employed for a firm the CIS
has contracted with to answer and direct phone calls. Their training,
if you wish to call it that, is bare bones minimum.

I have never been in your situation but from reading about what a few
others here have done in your situation, then I have to say only one of
them has done it the telephone operator's way and they are still waiting
for their next appointment.

If you truly wish to remain in the US, then I would suggest that you go
with the attorney you trust and do things their way. Yes, as noted in a
recent thread, attorneys also make mistakes. Whether from ignorance of
the law, or ignorance of their client's true history, it can happen. No
one is infalliable, especially just because they have an extended degree
in a specialty area. It does, however, help to know your practioner,
trust them and double check their work.

Wishing you luck.
Rete

Signature

I'm not an attorney. This disclaimer is valid in NYS!

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Nora - 27 Jan 2006 21:47 GMT

Hi, Rete, and thanks for your response. I had no clue that after being
on hold for almost 2 hours I'm not even speaking with a CIS (direct)
employee. I was usually asking to speak with an immigration officer,
and I remember that once, I have spoken to someone who was very
helpful. Not today though...

Anyway, thanks for all your help, I will certainly follow my lawyer's
advice.

Nora

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bionomique - 28 Jan 2006 00:01 GMT

> Hey guys, here I am again, even more confused than before!:)
>
[quoted text clipped - 20 lines]
> Always grateful,
> Nora

Don't know if it is of any help, but AOs are prohibitted from
adjudicating jointly filed I-751s if the parties are divorced, so
there's no getting around filing a waiver. Did the rep say why it
would be of benefit to wait and attend the interview? It'd seem that
this would just delay adjudication. Did he/she indicate that perhaps
you could hand in the waiver at the interview and have it adjudicated
on the spot?

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Immigration Forum / USA Marriage Base / January 2006

USCIS confusion tale:)