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Posted

Hi everybody!

I'm a F-1 student, married to a citizen. Sent in application to change status...i-765 and 131 approved... 130 and i485 not done yet..we have the first interview now in couple of weeks..most likely it will just be one interview all evidence shows we really are inlove and married for real....

problem is though...we fight a lot................................little bit to much...and..ah I dont know

what ..will happen..if we get an divorce within the 2 years after greencard approved? :/

Posted

You would have to file for your own ROC.

Have you discussed this with your wife? She may want to pull the affidavit - which would stop your AOS attempt.

If your really "in love" then you should not be thinking of divorce - and how to hold on to your GC - you should be fixing your relationship with your wife.

I suppose it really depends on what your looking for...

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Posted

Thank you for your reply!

Ah we really are inlove...the fighting just..little bit to much sometimes...

want to be with her...& have nothing left in my home country....

just want to know ..what will happen ...so after i got my greencard and the aos process DONE, and we get a divorce...they want the greencard back?

and if so, how big are my chances to apply for it on my own? :/

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Your chances for removal of conditions on your own are directly proportional to the quality of the evidence you have proving that your marriage was not for immigration purposes. If you are unable to convince them of this then you would not receive a 10 year green card and would have to leave the US. If you do convince them, then you do receive a ten year green card and can live here permanently.

I think, if you are truly in love and having problems with your marriage, perhaps you should be thinking of marriage counselling right now, rather than divorce. Arguing and disagreements are a part of any marriage, but learning how to argue and disagree so both your voices are heard while not destroying your relationship is often a learned skill. This is something counselling can teach you.

Good luck to you both.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

Posted

U know what? U guys are right..i shouldnt even be doubting & asking these questions.....

thanx a bunch...for the hope!!!

Btw Kathryn I didnt understand the first things u wrote.

Besides that, my question is..isnt the first greencard u get a 2 year old ?

the first interview is 2 ½ months after they received the package. the 131 and 765 was approved 2 months after they received the package.

so its clear they seen and know this marriage is for real...and on the interview it will be shown that we are inlove and for real.

is it possible that u mean that, the more u can show its real the more chances u have to get a 10 year old greencard instead of a 2 year old ?

Filed: Citizen (apr) Country: Canada
Timeline
Posted
U know what? U guys are right..i shouldnt even be doubting & asking these questions.....

thanx a bunch...for the hope!!!

Btw Kathryn I didnt understand the first things u wrote.

Besides that, my question is..isnt the first greencard u get a 2 year old ?

the first interview is 2 ½ months after they received the package. the 131 and 765 was approved 2 months after they received the package.

so its clear they seen and know this marriage is for real...and on the interview it will be shown that we are inlove and for real.

is it possible that u mean that, the more u can show its real the more chances u have to get a 10 year old greencard instead of a 2 year old ?

I'm sorry - I misunderstood you. I thought you already had your 2 year green card and were asking what happens if you get divorced after you have your two year green card.

No, you cannot get a 10 year green card just by proving your marriage is 'more real'. It would be lovely if that were so! The Immigration law states that if you have been married for less than 2 years when your AOS is approved you have to get a 2 year conditional green card. The condition is that you need to prove to USCIS 2 years later before the green card expires that your marriage was a real marriage and not one made for immigration purposes. If you had been married for more than 2 years when your AOS is approved, then you would get a 10 year green card and not have to submit the application that proves your marriage is valid 2 years later. The purpose of this law is to try and discover people who commit marriage fraud in order to come to the US. The application you submit to get your 10 year green card is called 'Removal of Conditions" also known as ROC. You and your wife make this application together and you have to provide all sorts of documents that prove you have a real marriage. You need to file this during a 90 day window of time right before the 2 year green card expires. You cannot file after your green card expires.

If you are no longer married by the time you need to file the ROC, you still need to file the application but you have to check off a section that requests a 'waiver' from filing together with your wife. You still need to provide all of the evidence that your marriage was a real marriage and not one for immigration benefits. The success of you getting your 10 year green card if you are divorced depends on how good the evidence you have that proves your marriage was real. It includes things like joint bank statements, joint ownership of property, joint filing of taxes, in other words showing how you have mixed together all of your finances and your personal and social lives.

Does that help?

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

Filed: K-1 Visa Country: Costa Rica
Timeline
Posted

Me thinks Destiny11 might have some ulterior motives here...

K-1 JOURNEY

157 DAYS FROM NOA-1 TO NOA-2

181 DAYS FROM NOA-1 TO INTERVIEW

07/14/2011 - I-129F sent via FedEx to USCIS
07/15/2011 - Arrived at CSC, signed for by E. Jameson
07/15/2011 - NOA-1 (E-Mail)
07/19/2011 - NOA-1 (Hard Copy)
08/01/2011 - Touched
12/19/2011 - Touched
12/19/2011 - NOA-2 (E-Mail)
12/22/2011 - X-Ray
12/22/2011 - Lab Work
12/23/2011 - NOA-2 (Hard Copy)
12/27/2011 - NVC Received
12/28/2011 - San Jose Embassy Case Number Assigned
12/29/2011 - NVC Sent Petition via DHL to Embassy
12/30/2011 - Embassy Received Petition, signed for by J. Rodriguez
01/04/2011 - Medical
01/09/2011 - Packet 3 Received
01/12/2011 - Embassy Interview - Approved
01/19/2011 - Visa Received
01/21/2012 - POE (Ft. Lauderdale, FL - USA)
01/23/2012 - SSA Issued Fresy's SSN
02/18/2012 - Wedding

_____________________________________________________________________________________________

Life is not measured by the breaths you take. Rather, life is measured by the moments that take your breath away!

Filed: Country: Canada
Timeline
Posted

This happened to a friend of mine.

He was in it for the right reasons and presumably she was as well. They had bought a house together and lived together for a couple of years before getting married. A few months after the marriage they were done and got divorced. With the joint home ownership, traditional marriage, etc. he was able to prove a bona fide marriage and keep his GC even though the conditions were not yet removed.

Just my two cents.

Later,

W.

My Timeline:

Nov.30, 1999 - Enter US with TN Visa.

Mar., 2001 - Met B through mutual friends.

Oct., 2007 - Proposed to B and she accepted.

Nov., 2008 - B & I get married.

Sept. 25, 2009 - Filed I-130 & I-485 with I-765 & I-131. (Sent Individually - Doh!)

Sept. 27 & 28, 2009 - Delivery of I-130 & AOS packages confirmed.

Oct. 8, 2009 - AOS package rejected due to missing I-130.

Oct. 10, 2009 - I-130 NOA received.

Oct. 13, 2009 - I-485, I-765, & I-131 re-sent with I-130 NOA.

Nov. 18, 2009 - Biometrics appointment (Dec. 1, 2009) notice received.

Nov. 20, 2009 - Walk-in biometrics completed.

Nov. 30, 2009 - Notice received; I-130 transferred to MO CSC.

Dec. 2, 2009 - AP Approved.

Dec. 3, 2009 - EAD production ordered.

Dec. 16, 2009 - Interview Appointment (01/25/09) Letter Received.

Jan. 25, 2010 - Interview Completed - Green Card To Be Received In 3 Weeks!!!

Feb. 12, 2010 - Green Card received.

Oct. 30, 2011 - Notification of removal of conditions received.

Nov. 17, 2011 - I-751 package sent.

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted
Me thinks Destiny11 might have some ulterior motives here...

:yes:

Time Line

2007-11-10.....Marriage in Ecuador

2008-01-11.....I-130 Sent

2008-04-28.....I-130 Approved

2008-05-02.....NVC Received

2008-08-20.....Case Complete at NVC

2008-10-14.....Interview--221g, asked to present joint sponsor inspite of NVC approval

2008-11-07.....Visa due to arrive. DHL truck delivering visa was robbed, Consulate required us to present I-864s and DS-230 again, had to get a new passport and other related documents

2008-11-14.....Presented all new documents in person at Consulate, visa printed same day

2008-11-25.....POE Atlanta

2008-12-26.....Green Card and 2nd Welcome Letter arrive

2010-09-02.....Date of NOA ROC 1-751

2010-12-13.....Approval of ROC

2011-01-12.....10 year Permanent Resident card arrived

2011-12-20.....N-400 Application mailed

2011-12-29.....NOA

2012-02-02.....Walk-in biometrics (appt was for 2/16)

2012-04-17.....Interview

2012-05-18.....Naturalization Ceremony

Filed: K-1 Visa Country: Philippines
Timeline
Posted
Hi everybody!

I'm a F-1 student, married to a citizen. Sent in application to change status...i-765 and 131 approved... 130 and i485 not done yet..we have the first interview now in couple of weeks..most likely it will just be one interview all evidence shows we really are inlove and married for real....

problem is though...we fight a lot................................little bit to much...and..ah I dont know

what ..will happen..if we get an divorce within the 2 years after greencard approved? :/

If you're fighting too much it means you and the other person are not able to feel "safe" enough to really say what's on your mind. If you really do love each other and want a life together, then both of you need to read a book called Crucial Conversations and agree to apply the principles. Good luck.

Filed: Citizen (apr) Country: Scotland
Timeline
Posted
The book about communication ? What is it about?

"Crucial" conversations are interpersonal exchanges at work or at home that we dread having but know we cannot avoid. How do you say what needs to be said while avoiding an argument with a boss, child, or relationship partner? Crucial Conversations offers readers a proven seven-point strategy for achieving their goals in all those emotionally, psychologically, or legally charged situations that can arise in their professional and personal lives. Based on the authors' highly popular DialogueSmart training seminars, the techniques are geared toward getting people to lower their defenses, creating mutual respect and understanding, increasing emotional safety, and encouraging freedom of expression. Among other things, readers also learn about the four main factors that characterize crucial conversations, and they get a powerful six-minute mastery technique that prepares them to work through any highimpact situation with confidence.

You may find more information out by going to amazon.com... http://www.amazon.com/s/ref=nb_sb_ss_i_0_1...ix=crucial+conv

When in doubt, Google. :innocent:

AOS (from VWP)Application Removal of Conditions Timeline Naturalization Timeline
12/28/2009 Sent I-130,I-485,I-765 02/25/2012 Sent out I-751 via USPS to VSC 01/15/2013 Sent out N-400 via USPS to Dallas, TX
03/24/2010 AOS Interview APPROVED!!! 10/24/2012 RFE 04/03/2013 Naturalization Interview - Passed!
04/05/2010 Greencard arrived!! 01/03/2013 Approved! Card production ordered! 05/15/2013 Oath Ceremony - Kyle is a US Citizen!

***Detailed time line in my About Me page***

Filed: Citizen (pnd) Country: Thailand
Timeline
Posted
told my wife about it...we looked it up..was very interesting so we actually ordered it yesterday heh...

thank u so much :)

Good start. Keep talking to your wife and try to keep it as talking, not arguing. Good luck.

Naturalization N-400

 
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