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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94752
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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i just have my interview for I 751 and the officer told me

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i just have my interview for I 751 and the officer told me what happened when they interviewed my ex wife. She said that I paid her, that we didn't have sex and that right after getting my green card i went back to my first ex wife. All of these are, of course, false and the interview officer somehow believed me. I told him that she has psoriasis problem r/t severe psychological problem and she has problem telling the truth. The officer told me why i didn't include that in my answer. I was scheduled for another interview. I asked him if i can leave out of the country for while and he said I can as long as i am not past beyond my extension or if i do go out for a while have my passport stamp. What should i do to rebutt the allegations of my ex-wife? Can i leave?
Submitted: 5 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.

Sounds to me like if she does have those types of psychological problems, you can submit medical reports and the like to show it. This would be extremely helpful.

 

You should be able to travel as long as your green card extension is still valid. If not, you will have problems getting back in, but they should still let you back in.

 

If your passport stamp is expired or your extension is expired, you can go to http://infopass.uscis.gov and make an appointment to speak to an immigration officer and ask for a new stamp in your passport so that you can use that to travel.

Customer: replied 5 years ago.

Atty,

 

Should I wait for the 2nd interview notice before travelling or i can just go on. The officer was very nice, he said your extension is still valid up to Feb but if you need more time you should have your passport stamped, just in case. Also because of this development does it main that their is no decision reach, yes; which means I am still okey and which means when i come back they will see nothing in the airport that will give me problems/ My problem with asking for medical records is that, first I am relative of hers at this point in time, meaning i can have access to it due to confidentiality issues. How about her statement about me paying her and me getting back at my first ex-wife. I cannot get in touch my first ex-wife much more as her to certify for me. i haven't talked or seen her since we separated.

Customer: replied 5 years ago.
What i mean Atty is that I am NO longer her relative which mean I am NOT allowed to access her medical records due to confidentiality issues.
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.

Correct, there is no decision yet. If you are sure they are rescheduling you for an interview, then you should be ok to travel. If you are not sure, be careful because you do not want to travel too long because if they send a denial, you have 30 days from that date to appeal it. If you aren't back in time, that is going to cause you a problem coming back in.

 

Just don't plan to be gone for a long time in any case because you don't want to have to reschedule if you are out of town when they schedule you.

 

I don't know what to tell you about the medical records. I think you are going to need them to prove your case. Those are very strong allegations against you. If you have the medical records that show that she has a psychological problem that causes that type of problem with truthfulness, then you should be ok and it will even take care of her statement that you paid her. If you don't have this proof, you are probably in a good deal of trouble. I also don't understand how you are not her relative anymore if you are still married to her. But the same thing applies, I still think you are going to need those records.

Customer: replied 5 years ago.
I am already divorced to her more that a year ago; also i am planning to be out of town for 4 weeks, utmost and i will leave Nov 20
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.
If you are divorced, then you are probably fighting for an I-751 waiver. Do NOT travel. Wait for the new interview and hope you have enough evidence if you cannot get those medical records.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94752
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 3 other Immigration Law Specialists are ready to help you
Customer: replied 5 years ago.
Can you give me the reason why I should not travel based on I715 waiver. The officer told me it's okey
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.
Because if you did not apply for an I-751 the regular way, you may have fallen out of status depending on when you were divorced. If you were divorced after your card expired, then I would not travel unless you have a receipt for the I-751 waiver that on the receipt it specifically says that your permanent residency card is extended for 1 year and it is good for travel as well. If it does not say this, I would not travel.
Customer: replied 5 years ago.

As far as I know I applied for I751 (w/ waiver) the regular way, that is before the expiration of my conditional green card. It so happened that 6 months after getting my green card we were divorced. So before the regular filing of the I751 waiver we were already divorced. I got a receipt from them giving me one more year (up to Feb, 13 2009) for travel and employment. I had my interview a couple of days ago and the officer was nice and asked if i wanted another interview and i said yes and it will be reschedule for another interview. I even asked if i can travel outside and his reply was yes as long as the receipt notice where it says valid for travel and employment for another year is not expired, or if it will expire and will happne while i'm outside i should my passport stamp. So this is the situation of my case.

Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.
As long at that original receipt is still valid (for 1 year from that date) I would say that you are ok. Since it says February 2009 and since you filed the waiver after you were divorced, then I think you are ok. You can add another measure of safety by making the infopass appointment, however.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94752
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 3 other Immigration Law Specialists are ready to help you

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