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Filed: Timeline
Posted

hello everyone

Im just wondering if anyone can give me some advise about the whole procces of removing conditions by my own , since my wife and I cant be together anymore .

there is one thing a should ask you guys about it , before i get approved for my 2 years green card , my wife sent to USCIS request of withdraw her I-864 and than 24 hours later she sent another request to them says ,iam sorry about my request of withdraw and i wanna be a sponsor again . ok ? and this happened after i had my work authorization , ok no big deal , and then the USCIS send me a letter for the interview in the local office . i went to the interview with her and the guy asked me alot questions about my relationship with my wife , and then it was her turn for questions , ( i was not in the same room with her ) the guy asked her if she wanna withdraw her I-864 or not ? so she said no i dont wanna withdraw my sponsorship , so the USCIS issued a green card for me that day .

now, year later of that BS , here we are again , we wanna a divorce because alot ###### happened between us , anyways , my question is , is this story will hurt removing conditions by myseft ? since she tried to cancel the petition 16 months ago ?

thanks in advance .

Posted

You will need to get a divorce first, then ROC yourself.

As soon as the divorce is final, you can file that same day. (no need to wait the rest of the 2 yrs time left).

Will it hurt your case about the other issues, hard to say, since she did manage to go through with it, you just need to prove that the marriage was entered in good faith, not that it was good marriage after that time.

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
hello everyone

Im just wondering if anyone can give me some advise about the whole procces of removing conditions by my own , since my wife and I cant be together anymore .

there is one thing a should ask you guys about it , before i get approved for my 2 years green card , my wife sent to USCIS request of withdraw her I-864 and than 24 hours later she sent another request to them says ,iam sorry about my request of withdraw and i wanna be a sponsor again . ok ? and this happened after i had my work authorization , ok no big deal , and then the USCIS send me a letter for the interview in the local office . i went to the interview with her and the guy asked me alot questions about my relationship with my wife , and then it was her turn for questions , ( i was not in the same room with her ) the guy asked her if she wanna withdraw her I-864 or not ? so she said no i dont wanna withdraw my sponsorship , so the USCIS issued a green card for me that day .

now, year later of that BS , here we are again , we wanna a divorce because alot ###### happened between us , anyways , my question is , is this story will hurt removing conditions by myseft ? since she tried to cancel the petition 16 months ago ?

thanks in advance .

Sorry to hear about your troubles.

I doubt that it will hurt you that she filed to withdraw. That form affects her and affects her credibility. Since you got approved, then your USC wife has already given USCIS enough proof that she is married to you and she is willing to sponsor you, period. At this moment, make sure you gather as much evidence as possible for the both of you so when you file ROC after your divorce if final, you can provide it to USCIS with your application to convince them that your marriage was entered in good-faith. You may get an interview and they might ask about the incident with I864, but all you need to do is be honest with them.

Good luck

N-400 Naturalization Timeline

06/28/11 .. Mailed N-400 package via Priority mail with delivery confirmation

06/30/11 .. Package Delivered to Dallas Lockbox

07/06/11 .. Received e-mail notification of application acceptance

07/06/11 .. Check cashed

07/08/11 .. Received NOA letter

07/29/11 .. Received text/e-mail for biometrics notice

08/03/11 .. Received Biometrics letter - scheduled for 8/24/11

08/04/11 .. Walk-in finger prints done.

08/08/11 .. Received text/e-mail: Placed in line for interview scheduling

09/12/11 .. Received Yellow letter dated 9/7/11

09/13/11 .. Received text/e-mail: Interview scheduled

09/16/11 .. Received interview letter

10/19/11 .. Interview - PASSED

10/20/11 .. Received text/email: Oath scheduled

10/22/11 .. Received OATH letter

11/09/11 .. Oath ceremony

Filed: Timeline
Posted
Sorry to hear about your troubles.

I doubt that it will hurt you that she filed to withdraw. That form affects her and affects her credibility. Since you got approved, then your USC wife has already given USCIS enough proof that she is married to you and she is willing to sponsor you, period. At this moment, make sure you gather as much evidence as possible for the both of you so when you file ROC after your divorce if final, you can provide it to USCIS with your application to convince them that your marriage was entered in good-faith. You may get an interview and they might ask about the incident with I864, but all you need to do is be honest with them.

Good luck

s

thank you for your help . do you think i should hire an attorney for this case ? tell me ? do u know the divorce proses in Indiana? because i think i have to file , she dont give a ####### about it . give me a link or something please. sorry i have no idea how this works ,

thank u again

Posted
s

thank you for your help . do you think i should hire an attorney for this case ? tell me ? do u know the divorce proses in Indiana? because i think i have to file , she dont give a ####### about it . give me a link or something please. sorry i have no idea how this works ,

thank u again

One thing you can do at the moment is to gather enough information from online sources and others (like here at VJ) and then you can consult with an immigration lawyer to see what he/she says. This may not be a bad start to see your options. Then you can decide to go with a lawyer if you feel more confident that way.

As for filing, if you are in the process of divorce, once it is finalized, then you can apply for ROC and not wait for the 90-day window.

Let's see what others say and you can make a decision then.

N-400 Naturalization Timeline

06/28/11 .. Mailed N-400 package via Priority mail with delivery confirmation

06/30/11 .. Package Delivered to Dallas Lockbox

07/06/11 .. Received e-mail notification of application acceptance

07/06/11 .. Check cashed

07/08/11 .. Received NOA letter

07/29/11 .. Received text/e-mail for biometrics notice

08/03/11 .. Received Biometrics letter - scheduled for 8/24/11

08/04/11 .. Walk-in finger prints done.

08/08/11 .. Received text/e-mail: Placed in line for interview scheduling

09/12/11 .. Received Yellow letter dated 9/7/11

09/13/11 .. Received text/e-mail: Interview scheduled

09/16/11 .. Received interview letter

10/19/11 .. Interview - PASSED

10/20/11 .. Received text/email: Oath scheduled

10/22/11 .. Received OATH letter

11/09/11 .. Oath ceremony

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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