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Filed: AOS (apr) Country: Iran
Timeline
Posted

Hi!

I'm married to a US citizen, was F-1 student but got 2 year conditional greencard approved exactly 13 months ago.

We cant stand each other pretty much. However we are doing our best to figure things out. My question is,

IF we choose to divorce, is it 150% that I will be able to get approved for 10 year GC?

We got married ofcourse before applying to adjusting status, but we had the wedding 4 months after I got approved 2 year conditional.

I have 100000000 proof, images that we been living together all this time etc etc etc. If not just the WEDDING for cryin out loud

AFTER I got approved should be enough proof.

But, I really need to know, I udnerstand they will approve 10 year GC if you apply your self and have got a divorce, IF YOUR MARRIAGE

was real, MY QUESTION is, is there ANYthing else that might get it declined? (I have not been arrested or been in any trouble)

PLEASE HELP ME OUT!!! :(

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

It's never 100%, and certainly not 150%, that you get approved for Removal of Conditions.

However, if you have lots of proof of bonafide relationship, and if they believe you, then you are pretty certain to be approved (assuming no other issues such as missrepresentation at the original AOS interview etc).

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Filed: AOS (apr) Country: Iran
Timeline
Posted

Penguin_ie:

Ok that was NOT good news :/

well, there was nothing at the interview that is not true.

And the marriage is real, and there are proof of that.

Besides these 2 things, is there anything else that might be reason enough to decline?

Like, heh I can't believe spending thousands of dollars on a wedding AFTER you get approved plus 100 pictures isn't enough :S

Filed: Country: Latvia
Timeline
Posted

Pictures are the weakest evidence by itself. If you got other evidence (both quality and quantity), yes pictures will solidify your case. If you are seeking waiver under extreme cruelty, battery, hardship (option e, f and g), you need different kind of evidence. The toughest waiver to get is the option (g) in the part 2 of I-751 form. The easiest one is the option (d). This option requires the divorce decree on your hand; this need the same kind of evidence that one sends for normal removal.

Filed: AOS (apr) Country: Iran
Timeline
Posted

well it's not option E, F or G. We're just realizing we don't match anymore.

Besides 100 images,

* we did joint tax return 1 month ago,

* we got married 4 months after conditional GC was approved

* we're still living with each other

* joint car insurance proof (printed out 2 weeks ago)

* images of of us on a trip in my home country visiting my family (1 month after conditional GC was approved)

So what do you guys think? Do I need to worry here? I thought as long as the marriage was real there would be NO problem now im SCARED TO DEATH.

Please I have no one else to turn to.

Posted

You are looking for an answer no one here can give. None of us (or anyone else for that matter) can say "Sure, no worries, you'll be approved with 150% certainty". It just does not work like that with immigration - never. It is a discretionary process, and the IO has the right to not approve the ROC.

As Penguin said, if everything you are staying holds, the marriage was entered in good faith, things just did not work out, and you can convince the IO of all this, then you should be fine. But no one here is gonna tell you that there is no possibility of them denying you. There always is that chance.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

Filed: Lift. Cond. (pnd) Country: China
Timeline
Posted

If you're still married three months prior to your green card expiring *and* you are still trying to work things out (this is key!), you and your spouse can still file jointly to remove conditions. You don't have to tell the USCIS about any marital difficulties unless they ask, and they probably won't, since most joint applicants don't get interviewed. But you'll need your spouse to be willing to sign the application. And if you find that you've given up on the marriage by that time, do not do the joint application, because that would be fraud. In case you do get interviewed, and they ask, you can just tell them you've had some problems, but you're trying to work things out, because that's the truth. This approach depends on your spouse wanting to help you, of course.

AOS:

03-20-2009: Married in San Diego (wife: F-1 visa and Chinese citizen, husband: US citizen)

03-29-2009: USCIS received AOS packet

04-03-2009: NOA1 issued

04-23-2009: Biometrics appointment

05-20-2009: EAD received

06-08-2009: Interview, approved

07-06-2009: GC received

ROC:

03-09-2011: I-751 and supporting documentation mailed to CSC via first class mail

03-14-2011: I-751 delivered (5 days to go 55 miles!)

03-16-2011: Check cleared

03-18-2011: NOA received, one year GC extension

04-04-2011: Early biometrics in San Marcos, CA

05-12-2011: Card production ordered! (no email notification, though)

05-17-2011: Approval letter received (approval date 5/12)

Posted

It has to be more than proof of a marriage, it is proof of a relationship that is being looked for, Marriage certificate, Photo's are the easy evidence, look through the other posts on here and see the evidence required,

Both names on Mortgage or Tenancy,

Joint bank accounts,

Joint credit cards/loans ect

Copies of both drivers licences showing same address,

Joint Tax filings

These are a few.

Hope this helps a little

Posted

You are looking for an answer no one here can give. None of us (or anyone else for that matter) can say "Sure, no worries, you'll be approved with 150% certainty". It just does not work like that with immigration - never. It is a discretionary process, and the IO has the right to not approve the ROC.

As Penguin said, if everything you are staying holds, the marriage was entered in good faith, things just did not work out, and you can convince the IO of all this, then you should be fine. But no one here is gonna tell you that there is no possibility of them denying you. There always is that chance.

Hey Little_My, I see you have a very active presence on this forum but given that you haven't even got your AOS approved yet, you really aren't in a position to be giving advice anyway to someone who is asking about an ROC question, given that her situation is a lot more complex and you haven't cleared the very basic hurdles yet of the GC process.

Anyway, to the OP. If you file a waiver because of a divorce instead of jointly filing the I-751, its basically all about proving that the marriage was a good faith one, aka. the same type of evidence you would submit during the AOS process such as joint accounts, leases, bills, photos, etc.

That said, the divorce needs to be finalized by the time you file to remove conditions/file your waiver. If you have filed for divorce and it is still pending, you can still apply but your case will be put on hold until it is finalized.

Posted

Hey Little_My, I see you have a very active presence on this forum but given that you haven't even got your AOS approved yet, you really aren't in a position to be giving advice anyway to someone who is asking about an ROC question, given that her situation is a lot more complex and you haven't cleared the very basic hurdles yet of the GC process.

Anyway, to the OP. If you file a waiver because of a divorce instead of jointly filing the I-751, its basically all about proving that the marriage was a good faith one, aka. the same type of evidence you would submit during the AOS process such as joint accounts, leases, bills, photos, etc.

That said, the divorce needs to be finalized by the time you file to remove conditions/file your waiver. If you have filed for divorce and it is still pending, you can still apply but your case will be put on hold until it is finalized.

And since you are so quick to judge Little_My's ability to give advice, what are your credentials since you've made all of 4 posts here?

R.I.P Spooky 2004-2015

Filed: AOS (apr) Country: Iran
Timeline
Posted

Guys, You don't know how much I appreciate ALL of your posts no matter what.

I'm sorry if I explained bad. We got married legally, but could NOT afford a wedding. Anyway, after a couple of months when I was approved of conditional greencard, then we had the wedding.

Ok we still do care about each other, and perhaps it is possible to file together by december (then exactly 1 year and 9 months has passed since I got AOS approved).

BUT, what if they ask us for a interview? I'm middle eastern ..in other words always get to secondary no matter what. It would be wierd splitting up, and reuniting after 8 months for a interview..would feel wierd. One thing I learned, doesnt matter if u the president..if ur middle eastern, they WILL always treat u with extra precaution so with my luck they WILL probably will ask for a interview.

My life is perfect..I mean if the marriage would work..now when it's this messed up feels I feel sooo lost. Do not know what to do. I build up a life here and splitting up and then in couple of months realizing that I will be sent home..........................

When we applied for the the AOS, we already sent in :

* Joint bank accounts,

* Joint credit cards/loans ect

* Copies of both drivers licences showing same address,

* Joint Tax filings (from last year though)

I can send it in again but, would be the exact same info (same bank, same creditcard, same driver license etc).

Which is NO proof what so ever that it is current. Cause they could think I am RE-SENDING the old photos.

However I do have the NEW taxreturns we filed in together. Not sure If he will give it to me but.......

I mean..ALL I need to know, is if all it requires is, that the marriage was real. Then I would feel safe.

But then again..how the heck can I do that besides pictures of wedding, random pics from when I got approved until now, joint tax...

I might be asking the same question to u guys which you can't answer to, but, have you guys ever heard of anyone getting denied EVENTHOUGH they proved their marriage was real?

And someone wrote "if they will believe you"...like what they will ASSUME i'm lying? gah I hate pressuare I suck at eye contact what if..ah i dont know images don't lie I ....k gonna stop writing now :P

Filed: Country: Latvia
Timeline
Posted

Guys, You don't know how much I appreciate ALL of your posts no matter what.

I'm sorry if I explained bad. We got married legally, but could NOT afford a wedding. Anyway, after a couple of months when I was approved of conditional greencard, then we had the wedding.

Ok we still do care about each other, and perhaps it is possible to file together by december (then exactly 1 year and 9 months has passed since I got AOS approved).

BUT, what if they ask us for a interview? I'm middle eastern ..in other words always get to secondary no matter what. It would be wierd splitting up, and reuniting after 8 months for a interview..would feel wierd. One thing I learned, doesnt matter if u the president..if ur middle eastern, they WILL always treat u with extra precaution so with my luck they WILL probably will ask for a interview.

My life is perfect..I mean if the marriage would work..now when it's this messed up feels I feel sooo lost. Do not know what to do. I build up a life here and splitting up and then in couple of months realizing that I will be sent home..........................

When we applied for the the AOS, we already sent in :

* Joint bank accounts,

* Joint credit cards/loans ect

* Copies of both drivers licences showing same address,

* Joint Tax filings (from last year though)

I can send it in again but, would be the exact same info (same bank, same creditcard, same driver license etc).

Which is NO proof what so ever that it is current. Cause they could think I am RE-SENDING the old photos.

However I do have the NEW taxreturns we filed in together. Not sure If he will give it to me but.......

I mean..ALL I need to know, is if all it requires is, that the marriage was real. Then I would feel safe.

But then again..how the heck can I do that besides pictures of wedding, random pics from when I got approved until now, joint tax...

I might be asking the same question to u guys which you can't answer to, but, have you guys ever heard of anyone getting denied EVENTHOUGH they proved their marriage was real?

And someone wrote "if they will believe you"...like what they will ASSUME i'm lying? gah I hate pressuare I suck at eye contact what if..ah i dont know images don't lie I ....k gonna stop writing now :P

Are you filing for a waiver or not? UCCIS needs more than a couple of statements, more than a couple of bank statements.

What do you mean by "they proved their marriage"? Some got deported during their naturalization process, even though they got their I-751 approved (like when getting I-751 approval after the divorce occurred).

Filed: AOS (apr) Country: Iran
Timeline
Posted

Are you filing for a waiver or not? UCCIS needs more than a couple of statements, more than a couple of bank statements.

What do you mean by "they proved their marriage"? Some got deported during their naturalization process, even though they got their I-751 approved (like when getting I-751 approval after the divorce occurred).

1. No because we havent even got a divorce yet. No idea how to start that even.

2. What I meant was, if anyone here ever heard of people being in the same situation as I am, getting divorced, having proof of marriage and all was real, but despite of that got denied?

Posted

And since you are so quick to judge Little_My's ability to give advice, what are your credentials since you've made all of 4 posts here?

I have an Ivy League education, am pursuing immigration law, and am actually in the process of removing conditions. Not that I'd call them "credentials" and surely none compared to you "Mucho Elder Member". But, I'm getting there!

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

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