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Divorced while ROC in process

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Filed: AOS (apr) Country: Nigeria
Timeline

Good morning all. I have a question. A friend file with her husband sometime last year for the removal of his conditions (to get his 10 yr green card). The marriage was already rocky, a lot of info was discovered, and long story short, she divorced him prior to him getting the card. About a month ago he was called into a interview and was asked where was the wife, he told them they are separated. Of course, they told him they already knew all this info and that they were now divorced. USCIS told him at the interview they would be denying his case. I assume the denial is based on his filed with her and they are no longer together. Does anyone know what happens now? Will USCIS give him a chance to refile on his own or will they just start deportation proceedings eventually?

K1 Journey:

Filed: 2009-01-12... USCIS Approved: 2009-06-05... 1st Interview/Admin Review: 2009-09-09...2nd Interview/Approved: 2010-01-27

AOS Journey:

Filed: 2010-05-20... Interview: 2010-11-30... Approved: 2010-12-03... Card Rcvd: 2010-12-18...

Whew! Done!.... Well, for the next two years anyway...

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Filed: Citizen (apr) Country: India
Timeline

Good morning all. I have a question. A friend file with her husband sometime last year for the removal of his conditions (to get his 10 yr green card). The marriage was already rocky, a lot of info was discovered, and long story short, she divorced him prior to him getting the card. About a month ago he was called into a interview and was asked where was the wife, he told them they are separated. Of course, they told him they already knew all this info and that they were now divorced. USCIS told him at the interview they would be denying his case. I assume the denial is based on his filed with her and they are no longer together. Does anyone know what happens now? Will USCIS give him a chance to refile on his own or will they just start deportation proceedings eventually?

He needs to contact an attorney for help.

USA

01/08/13 - Approved and GC is order for production on 1/8/14

09/12/13 - Case transferred to CSC. NOA2 received on 09/18/13

08/30/13 - Biometrics Done - No walk ins allowed at this LSC (received on 8/16/13).

08/05/13 - NOA1 (received on 08/10/13)

08/01/13 - Mailed I-751 (received on 8/2/13 - check cashed on 8/5/13)

12/28/11 - Received SSN (applied on 12/20/11, as we didn't get based on DS-230 options)
11/28/11 - Received Green Card (Expires on 10/30/13) - Welcome Letter on 11/17/11
10/30/11 - POE - Houston, TX

Chennai Consulate (40 days)
10/28/11 - Received Visa papers and Passport at VFS
10/25/11 - Interview Cleared Successfully (Spouse was not allowed in)

NVC: (90 days from NOA2 to Consulate)
08/31/11 - Case Completed (Interview 10/25/11) - Received at Chennai on 09/19/11
07/22/11 - NVC Case Number

USCIS: (92 days)

6/21/11 - NOA2 (NOA1 on 3/25/11) - took a month to get to NVC
3/21/11 - I-130 sent to USCIS Lockbox, Chicago.

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Filed: K-1 Visa Country: Wales
Timeline

He told them they were separated when they were actually divorced?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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He should have asked (and the IO should have offered) to change the case to a waiver case. That is what they do. Something seems off with the story.

It appears he did lie at the interview? Saying he was separated when it really was divorced? Why does your friend, the wife, know what happened in her ex's interview?

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: Citizen (apr) Country: India
Timeline

Why?

Because he mishandled his interview stating that he was separated when actually he was divorced and also as his stay here may be in danger and hence needs expertize help.

USA

01/08/13 - Approved and GC is order for production on 1/8/14

09/12/13 - Case transferred to CSC. NOA2 received on 09/18/13

08/30/13 - Biometrics Done - No walk ins allowed at this LSC (received on 8/16/13).

08/05/13 - NOA1 (received on 08/10/13)

08/01/13 - Mailed I-751 (received on 8/2/13 - check cashed on 8/5/13)

12/28/11 - Received SSN (applied on 12/20/11, as we didn't get based on DS-230 options)
11/28/11 - Received Green Card (Expires on 10/30/13) - Welcome Letter on 11/17/11
10/30/11 - POE - Houston, TX

Chennai Consulate (40 days)
10/28/11 - Received Visa papers and Passport at VFS
10/25/11 - Interview Cleared Successfully (Spouse was not allowed in)

NVC: (90 days from NOA2 to Consulate)
08/31/11 - Case Completed (Interview 10/25/11) - Received at Chennai on 09/19/11
07/22/11 - NVC Case Number

USCIS: (92 days)

6/21/11 - NOA2 (NOA1 on 3/25/11) - took a month to get to NVC
3/21/11 - I-130 sent to USCIS Lockbox, Chicago.

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Filed: AOS (apr) Country: Nigeria
Timeline

He should have asked (and the IO should have offered) to change the case to a waiver case. That is what they do. Something seems off with the story.

It appears he did lie at the interview? Saying he was separated when it really was divorced? Why does your friend, the wife, know what happened in her ex's interview?

He called and told her (while threatening her he doesnt mind going back to his country and if he wanted to he could harm her in terms of all that juju stuff if he wanted to, lol)

K1 Journey:

Filed: 2009-01-12... USCIS Approved: 2009-06-05... 1st Interview/Admin Review: 2009-09-09...2nd Interview/Approved: 2010-01-27

AOS Journey:

Filed: 2010-05-20... Interview: 2010-11-30... Approved: 2010-12-03... Card Rcvd: 2010-12-18...

Whew! Done!.... Well, for the next two years anyway...

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Filed: AOS (apr) Country: Nigeria
Timeline

He told them they were separated when they were actually divorced?

Yes, he used the term separated. He knew she filed, but refused to sign anything or acknowledge it. Her divorce was on default because he left no forwarding address or anyway to be contacted by the attorney. She only got occassional calls from him.

K1 Journey:

Filed: 2009-01-12... USCIS Approved: 2009-06-05... 1st Interview/Admin Review: 2009-09-09...2nd Interview/Approved: 2010-01-27

AOS Journey:

Filed: 2010-05-20... Interview: 2010-11-30... Approved: 2010-12-03... Card Rcvd: 2010-12-18...

Whew! Done!.... Well, for the next two years anyway...

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