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Ms Squitto

Removal of Conditions & Divorce

By Ms Squitto in Effects of Major Family Changes on Immigration Benefits

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Ms Squitto Community Regular

Ms Squitto   0

Posted
Filed: Timeline
Posted

I am getting set to file for a divorce from my husband of 3 years. I filed for him on a K-1 Visa in 2005.

We were married and he filed for and received his conditional 2 year greencard in July of 2006. He was supposed to file to remove the conditions 90 days prior to the expiration date of July 2008. He did not. This past July (2009), I filed the I-751 for him. He left me a few days later for another woman.Several days after I submitted the paperwork, a letter came to the house from the USCIS with a notice to appear for a removal hearing on December 3, 2009. Ironically, the letter was dated the same day he left me.

I have not contacted USCIS to let them know about the pending divorce proceedings. Should I? I do not wish to assist him with staying in this country. I thought I'd entered into the marriage in good faith, but he's been cheating on me the entire time. He did a complete 180 when he came to this country. I was very naive, but I now believe he used me just to get to America.

I do not want to play the role of the scorned woman. But I also have no desire to help him thwart the immigration process and stay here unlawfully. I do not know what to do.

I'd love to hear from others that have been in this same situation. Any insight that you can provide would be greatly appreciated.

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*JG* Grand Master

*JG*   2

Posted
Filed: Country: Jamaica
 Timeline
Posted

I divorced Andre in June of this year. He actually was approved for 10 year green card before we divorced so I did nothing at all.

If you applied for 10 year green card, I think you should definately call the USCIS and tell them the situation. You DO NOT want it to go through.

Removal hearing? To remove conditions? Or remove him from the country.

Life's just a crazy ride on a run away train

You can't go back for what you've missed

So make it count, hold on tight find a way to make it right

You only get one trip

So make it good, make it last 'cause it all flies by so fast

You only get one trip

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*JG* Grand Master

*JG*   2

Posted
Filed: Country: Jamaica
 Timeline
Posted

BTW, Mrs Squitto.....been there, done that. I'm really sorry.

Life's just a crazy ride on a run away train

You can't go back for what you've missed

So make it count, hold on tight find a way to make it right

You only get one trip

So make it good, make it last 'cause it all flies by so fast

You only get one trip

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JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

From the I-751 instructions:

Failure to file before the expiration date may be excused if you demonstrate when you submit the application that the delay was due to extraordinary circumstances beyond your control and that the length of the delay was reasonable.

In order for the I-751 to have been accepted at the time you sent it, you would have had to provide an explanation why it was filed late, which I presume you didn't do. It's also unlikely they would have considered a full year to be a "reasonable" delay. This is why they started removal proceedings.

Since the I-751 has been rejected, there isn't anything else you need to do. This is now between him and USCIS.

Bear in mind that he may be able to self-petition if the divorce has already been filed at the time he appears in front of the immigration judge, in which case the judge may postpone the hearing until the divorce is final. You may want to consider the timing of this when you decide to file for your divorce. If neither of you file a divorce petition by the time he appears in front of the judge, then he'll probably be deported.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted

Mrs. Squitto,

Jim is a true Gentleman, extremely knowledgeable and so eloquent in his writings that I'm not sure you got the message hidden within.

You may want to consider the timing of this . . . .

I'm not as polite so let me put it down in plain English: if you really want to make sure your husband is being deported, do not file for divorce before he's in front of the judge at the deportation hearing.

Thereafter you can wave him by by and file for divorce in absentia.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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BelwinMills Experienced

BelwinMills   0

Posted
Filed: IR-1/CR-1 Visa Country: Jamaica
 Timeline
Posted

I am sorry to hear this Ms. Squitto. Prayers and hugs. (F)

Met Jan 1998, vows on 2006, Jay Jay born 2008, baby 2 - 2011

Look at time line for visa information

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Great Cook Shop in the Chicago Land Area: Montego Bay Jerk Chicken Restaurant in Bellwood IL

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CuySm6.png

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ziia Enthusiast

ziia   9

Posted
Filed: Citizen (apr) Country: Romania
 Timeline
Posted

Ms. Squitto I am so sorry for your pain. I agree with what the other members have said so far, especially with Just Bob's advice. Don't divorce him but do write a letter to USCIS informing them that you two are separated and he lives at a different address. Stay separated for a while and file for divorce after the date when he was supposed to go in front of the judge. Good luck to you.

*JG*, I hope you are not the VJ member I think you are, because you are the last person on planet Earth I thought would get divorced. Please tell me you're not that member. Even if you are or not, I just wanted to let you know that I am very sorry you got divorced but you are a strong person and you have all your future ahead. Be strong.

New Citizen of the United States and Proud of it!

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thisislove Collaborator

thisislove   0

Posted
Filed: AOS (pnd) Country: Jamaica
 Timeline
Posted

I pray you find the right direction to go in to get this resolved ms squito.. I am a member of the yardie thread (dancehallquana/thisislove) and i just wanted to express my sympathy for your situation.. I know that you know better things are ahead..

[07/15/07 Met RG on vacation in Jamaica

07/27/09 He proposes on one of his visits here

08/07/09 We are married!!!!!

AOS from B2 visa

09/03/09 Completed medical.. all clear!!

09/21/09 Sent off I130, I485, I131, I765.. YAYYYYYY[/color]

09/23/09 package received

09/28/2009 all 4 NOA's printed (received on OCT 1ST)

09/30/09 checks cashed!

10/05/09 receive biometrics appt for 10/28/2009

10/13/09 walk in biometrics.. !

10/26/2009 receive interview letter for NOV 30th 11:30!!!! PRAISE GOD!

11/06/2009 receive advance parole papers.. no email, no updates beforehand..

11/16/2009 After 2 WEEKS of checking the mail thinking the EAD and AP come about the same time, we get the "card production ordered" email for the EAD.. better late than never.. thank you LORD!!!

11/19/2009 receive another email stating "card production ordered"

11/23/2009 receive EAD!!!!!!!!!!!!!!!!!!!!

11/30/2009 bittersweet interview, but WE ARE APPROVED

12/02/09 social security card in mail

12/04/09 receive "welcome" letter in mail

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phillyfashionista Experienced

phillyfashionista   8

Posted
Filed: Lift. Cond. (apr) Country: Jamaica
 Timeline
Posted

I am so sorry to hear of this situation Ms. Squitto please stay strong and don't let this situation get the best of you! Nuh worry yuhself, what goes around always comes back around!

****ROC VSC****

Submitted I-751: 3/9/11

NOA1: 3/15/11

Biometrics Appointment:5/2/11

Early Bio Walk-In: 4/8/11

Approved: 9/23/11

Green Card Received: 9/30/11

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Jonesie Proficient

Jonesie   1

Posted
Filed: Citizen (apr) Country: Jamaica
 Timeline
Posted

T, I am so sorry. I know that you and Brooklynn will be okay. My prayers are with you and your daughter.

N-400 - Naturalization/Citizenship

10/26/12 - Sent N-400 packet to Phoenix lockbox via USPS mail w/Certified Delivery, received 10/29/12, check cashed 11/02/12

11/05/12 - NOA-1 received, notice date 10/31/2012, received and priority date 10/29/2012

11/09/12 - Biometrics notice received, biometrics appointment date 11/19/12

11/21/12 - In line for interview scheduling (letter received via USPS mail 12/17/12)

01/16/13 - N-400 interview/testing - APPROVED! Oath ceremony letter received late Jan. 2013

02/26/13 - OATH CEREMONY COMPLETED - NATURALIZED US CITIZEN!

751 - Removing Conditions

06/28/08 - Sent 751 packet to CSC via USPS Priority Mail (signature required)

07/05/08 - NOA received, dated 6/30/08

10/23/08 - Card ordered: APPROVED! (USCIS website)

10/30/08 - 10 YR GREENCARD RECEIVED

K-1 and AOS

07/07/05 - K1 Packet received - USPS tracking

09/19/05 - K1 approval online

12/01/05 - 1st K1 interview in Kingston: need updated birth certificate

12/13/05 - 2nd K1 interview in Kingston: Approved!

05/01/06 - AOS/EAD packet received

08/09/06 - AOS interview in SF: APPROVED!

08/19/06 - 2 YR GREENCARD RECEIVED

-----------

Live your life!

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