USCIS scare, AOS approved and Divorce pending

[atul 0]

Hi Everyone,

i filed my AOS (I-130/I-485) sometime feb 2003 from clarksburg WV and recently had our interview at pittsburgh USCIS in jan 2006. Case was pending namecheck and recently got approved in 14th april 2006.

Since jan 2006 after our AOS interview, our relationship isn't strong and we have been living separately with no joint finances. We filed a no-fault divorce last month. However, I still haven't received either the welcome notice or the PR card.

I was also told to wait to receive the I-551 stamp until welcome notice is sent from VSC. However, I walked-in to USCIS at Charleston WV cuz of medical emergency and realized that I have to wait for 3 hours. They made me wait saying there is problem in the case. Eventually they invited me to a room and asked if we are still married and that if i lie, it will be perjury etc etc ....

Since divorce process wasn't completed, I said "yes, we are married". I am sure VSC will be aware of this as well.

Is there a possibility of my i-485 to be denied after local service center approval ?

I have email from Pittsburgh USCIS and 6-month I-551 stamp to prove i-485 approval.

What happens when case is approved and ready for green card production and divorce happens ?

Any information or pointers on the same will be highly appreciated.

Thanks

Atul

[nemu 0]

Find yourself an attorney specializing in immigration law.

[rebeccajo 14]

Why didn't you tell them you were separated?

[john_and_marlene 162]

Perhaps they are sceptical about your divorce immediately after being approved for the GC. Is it possible someone gave them a call? Maybe they have decided to investigate further whether they will grant permanent residence.

[atul 0]

Perhaps they are sceptical about your divorce immediately after being approved for the GC. Is it possible someone gave them a call? Maybe they have decided to investigate further whether they will grant permanent residence.

yes, thats what exactly they told me....they'd investigate further and that I would be in trouble if i were lieing. we for USCIS, all that matters is "married" or "divorced". Since divorced is not finalized, I think i was right in saying we're "still married". I didnt wanna risk getting the temporary stamp either.

But can the case be denied once approved ?

Yes, we do have a common enemy and she could have called them. But, since there's no concrete evidence of separation and divorce (still in process and not finalized), they gave me the i-551 temporary stamp after hours of waiting...

But, what would happen if i were divorced or become one until the PR card is mailed-in ?

[allynella 0]

In any case, you should have been up-front and informed them that you're separated. You never know what they know... It sounds to me like they already know you guys are separated and divorce is in the works. Yes, approval can be recinded at any point.

Edited August 24, 2006 by allynella

[rebeccajo 14]

...... Since divorced is not finalized, I think i was right in saying we're "still married"......

Your opinion. Not theirs. Since they make the rules and not you, that's a deadly game. Very dumb.

Edited August 24, 2006 by rebeccajo

[john_and_marlene 162]

Perhaps they are sceptical about your divorce immediately after being approved for the GC. Is it possible someone gave them a call? Maybe they have decided to investigate further whether they will grant permanent residence.

yes, thats what exactly they told me....they'd investigate further and that I would be in trouble if i were lieing. we for USCIS, all that matters is "married" or "divorced". Since divorced is not finalized, I think i was right in saying we're "still married". I didnt wanna risk getting the temporary stamp either.

But can the case be denied once approved ?

Yes, we do have a common enemy and she could have called them. But, since there's no concrete evidence of separation and divorce (still in process and not finalized), they gave me the i-551 temporary stamp after hours of waiting...

But, what would happen if i were divorced or become one until the PR card is mailed-in ?

Simply married or divorced is certainly NOT all that matters to the USCIS. It is the nature of that relationship that matters...are you continuing to live together as husband and wife or is there some indication that the marriage was for immigration benefit only. You have much going against you now. You initiated an end to the marriage immediately after the GC approval and your answer to their marriage question was deceptive. I wouldn't count on getting the GC any time soon, if ever.

[motu 6]

You say you were approved in April after a name check. The fact that you havn't received your GC after almost 6 months makes me think that they know or suspect fraud - best thing to do is for you to consult with an immigration attorney - there are several Indian attorneys in New York and maybe some in Pittsburgh too. I think they have info about your separation or withdrawal of your sponsirship. Good Luck

[atul 0]

You say you were approved in April after a name check. The fact that you havn't received your GC after almost 6 months makes me think that they know or suspect fraud - best thing to do is for you to consult with an immigration attorney - there are several Indian attorneys in New York and maybe some in Pittsburgh too. I think they have info about your separation or withdrawal of your sponsirship. Good Luck

I know my wife hasn't withdrawn the i-130 or support...we are in regular touch....i am sure uscis didn't have enough to deny me the passport stamp...Is it not better to wait and see the direction (approval or denial) and then act with immigration attorneys accordingly ?

since i filed the no-fault divorce complaint, i can always call my attorney and take back the complaint...

can u give me some names of indian attorneys in PA/WV area ?

thanks

Atul

[diadromous mermaid 36]

Hi Everyone,

i filed my AOS (I-130/I-485) sometime feb 2003 from clarksburg WV and recently had our interview at pittsburgh USCIS in jan 2006. Case was pending namecheck and recently got approved in 14th april 2006.

Since jan 2006 after our AOS interview, our relationship isn't strong and we have been living separately with no joint finances. We filed a no-fault divorce last month. However, I still haven't received either the welcome notice or the PR card.

I was also told to wait to receive the I-551 stamp until welcome notice is sent from VSC. However, I walked-in to USCIS at Charleston WV cuz of medical emergency and realized that I have to wait for 3 hours. They made me wait saying there is problem in the case. Eventually they invited me to a room and asked if we are still married and that if i lie, it will be perjury etc etc ....

Since divorce process wasn't completed, I said "yes, we are married". I am sure VSC will be aware of this as well.

Is there a possibility of my i-485 to be denied after local service center approval ?

I have email from Pittsburgh USCIS and 6-month I-551 stamp to prove i-485 approval.

What happens when case is approved and ready for green card production and divorce happens ?

Any information or pointers on the same will be highly appreciated.

Thanks

Atul

Atul,

My understanding is that once divorce proceedings and/or legal separation through the courts has been instituted, then USCIS considers the marriage ended.

[JenT 0]

Sorry, but if I were the adjudicator in this case, I'd be very suspicious as well.

Legal counsel is the best advice you're gonna get here.

[am1996 0]

...... Since divorced is not finalized, I think i was right in saying we're "still married"......

Your opinion. Not theirs. Since they make the rules and not you, that's a deadly game. Very dumb.

Respectfully, USCIS does not make the rules. Congress does. Regardless, where do you see a clear answer to the OP's question? Before you take it upon yourself to categorize another person's actions as "dumb" or create other similarly offensive posts, please be sure to familiarize yourself with the rules and statury requirements that apply to the situation or refrain from creating these offensive and unequivocal posts.

To the OP, I've briefly glanced at the regs that seem to govern your situation and am not at all certain that there is a straightforward answer to your dilemma. For instance, I am not at all certain that the OP has an affiirmative obligation to volunteer any information that is not otherwise specifically requested by the USCIS (I can't tell one way or the other). Unless the OP has such an affirmative obligation under the law and unless the OP's situation clearly falls within the scope of such an affirmative obligation, it is not at all clear that his response was unlawful.

Unfortunately, in the apparent absence of a clear answer to this question, all the replies in this thread (including mine) seem to be based on speculation and interpretation of various rules. Consequently, I would join the posters who have urged the OP to consult with a qualified immigration attorney.

[john_and_marlene 162]

USCIS does not make the rules. Congress does.

USCIS does not make the rules, but they do make a ruling and congress has given them the authority to make that ruling. Their authority to adjudicate the merits of these cases came from congress. If they decide that the marriage was for immigration benefit only they can deny him. He may have some recourse on appeal and that's where he would need an attorney the most. The OP asked our opinion regarding their ability to deny him the GC and we gave our opinions.

[am1996 0]

USCIS does not make the rules. Congress does.

USCIS does not make the rules, but they do make a ruling and congress has given them the authority to make that ruling. Their authority to adjudicate the merits of these cases came from congress. If they decide that the marriage was for immigration benefit only they can deny him. He may have some recourse on appeal and that's where he would need an attorney the most. The OP asked our opinion regarding their ability to deny him the GC and we gave our opinions.

Agreed, with the caveat that USCIS' rulings must be made within the parameters given to them by Congress and the courts. As such, unless the applicable statutory and common law authority imposes an affirmative obligation on the OP to volunteer information that is not specifically requested by the USCIS, there may not have been anything wrong with the OP's answer (I can't tell one way or the other right now).

There is absolutely nothing wrong with posting our opinions and understandings of the system, especially if and when the posts are qualified as such. My issue had to do with a poster unequivocally categorizing a person's actions as "very dumb," which was not only uncalled for and profoundly offensive but, in light of the uncertain answer to the OP's question, may have been quite misleading.