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Posted (edited)

To Ivy_Leaguer - You are obviously very proud of being an_Ivy_Leaguer. I'm sure that is for a valid reason too. And yes, you are absolutely right, I have no "credentials" whatsoever to give advice in this forum, since I, as 99% of the other members here, do not possess a degree in immigration law. Also true that I have not gone through ROC process myself, and don't even have my GC yet, so what do I know.

However - we are all here to give input based on 1) personal experience 2) information we have obtained through talking to people, reading up on things and studying all and everything there is to know about these processes, and 3) common sense. I do believe I possess all three. What I said in my post to the OP was that A) no one here say with a 100% certainty that the ROC would be approved - no one could say even if he was still happily married, and B) If what he has said is accurate, there is really no reason to foresee any major issues, as divorce alone is not grounds for getting the 10 year GC.

If any of this is not true and is actually wrong information, then please to correct me. I am more than willing to acknowledge my amateurism in this topic, and I am always eager to learn more, as it is something that is and will be relevant to me for years to come. I also do not take offense when I am corrected by more "senior" or knowledgeable members here - quite the contrary.

Let's play it nice, shall we. Ivy Leaguers and the rest of us.

Edited by Little_My

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: Country: Latvia
Timeline
Posted (edited)

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?

There are two problems: the way you use the word 'proof' is so vague; whether you wanna file a waiver or not; if you wanna file a waiver, we need to know the basis of your waiver (in I-751 terms).

About proof. Even if the immigration officer is your friend, who feels that you are genuinely married--lets call this psychological evidence, he need to have non-psychological evidence. That's why keeping bank statements, credit car statements, utility bills over the time, insurance bills, rental lease, joint property ownership etc is very important whether you seek a waiver or not.

In some sense, your situation is similar to those who have sought waivers; this similarity is similar to "two human beings being similar". In another sense, there is no similarity between you and those who have sought waivers; this dissimilarity is similar to "two human beings are not similar; after all, these two human beings are not identical.

You should better seek an attorney and go from there. Or, get clear on what you wanna do: file for summary dissolution of marriage now, which takes 6 months and file for a waiver on the basis of marriage entered in good faith. Or just keep the marriage and file i-751 JOINTLY with all evidence; in the worst case, you will be called for interview, where you need your husband's cooperation.

Edited by boschev
Posted

What I said in my post to the OP was that A) no one here say with a 100% certainty that the ROC would be approved - no one could say even if he was still happily married, and B) If what he has said is accurate, there is really no reason to foresee any major issues, as divorce alone is not grounds for getting the 10 year GC.

*Correction: "as divorce alone is not grounds for getting the 10 year GC DENIED" is what I meant to say.. Couldn't edit my post anymore.

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: Citizen (apr) Country: Ecuador
Timeline
Posted (edited)

Little_My's advice in this thread was quite accurate and reasonable.

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!
Is humility part of the credentials, or will it be? A simple and honest question, semi-rhetorical, and more food for thought than in need of an open, immediate answer.

It may also be found that immigration lawyers are not always entirely respected in several corners of VJ, due to very well-documented Errors & Omissions to which they seem to be prone.

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Posted

How is this possible? Weren't you supposed to be married before you even apply for a GC?

I think the OP meant married as in had-bid-wedding-party-and-took-lots-of-pictures sort of thing. Obviously, they would not have been able to file AOS without the legal wedding having taken place first.

August 23, 2010 - I-129 F package sent via USPS priority mail with delivery confirmation.

August 30, 2010 - Per Department of Homeland Security (DHS) e-mail, petition received and routed to California Service Center for processing. Check cashed. I-797C Notice of Action by mail (NOA 1) - Received date 08/25/2010. Notice date 08/27/2010.

After 150 days of imposed anxious patience...

January 24, 2011 - Per USCIS website, petition approved and notice mailed.

January 31, 2011 - Approval receipt notice (NOA 2) received by mail. Called NVC, given Santo Domingo case number, and informed that petition was sent same day to consulate.

Called Visa Specialist at the Department of State every day for a case update. Informed of interview date on February, 16 2011. Informed that packet was mailed to fiance on February, 15 2011.

February 21, 2011 - Fiance has not yet received packet. Called 1-877-804-5402 (Visa Information Center of the United States Embassy) to request a duplicate packet in person pick-up at the US consulate in Santo Domingo. Packet can be picked-up by fiance on 02/28.

March 1, 2011 - Medical exam completed at Consultorios de Visa in Santo Domingo.

March 9, 2011 at 6 AM - Interview, approved!

March 18, 2011 - POE together. JFK and O'Hare airports. Legal wedding: May 16, 2011.

Go confidently in the direction of your dreams. Live the life you have imagined.

-Henry David Thoreau

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

You applied for AOS about 2 years ago... so no, you would not be using the same info for the removal of conditions as you used for AOS.

You would send bank/credit card account/utility statements from the time of AOS to the time of filing for ROC. Although the account numbers may be the same, the DATE on them would be new and it would show continuity of your marital relationship.

You need to start collecting evidence for ROC, right now. Read the I-751 instructions to find out what USCIS recommends as evidence. Read ROC forum to see what people submitted. This will give you some ideas... you need to paint a broad picture, showing co-habitation, co-mingling of finances and of social life.

MOST waivers get approved. No way to say if yours will, but so far you did not mention any issues that could cause denial.

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

CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

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!!! :(

YOU WILL BE FINE, I GOT DIVORCE AND GOT RE-MARRIED AFTER TWO MONTHS YET STILL IN CONDITIONAL, BUT SINCE MY WORK IS PARALEGAL I AM MUCH MORE CONFIDENT ON IMMGRATION PAPER WORK AND FORCLOSURE DEFENSE. If you think you got married in good faith no problem, you have proofs so you must be fine, got my GC few days ago. ty :-)

sent I-751 package 11-08-10

package received 11-10-10

payment cashed 11-16-10

received receipt & extension 1 yr. 11-20-10

NOA -notice date 12-1-10 received 10-6-10 biometrics 12-17-10 8:00am

Biometrics taken 12-17-10

mailed original divorce copy 12-17-10

Re-married 12-28-10

RFE-finger print cannot read - 3-25-11

Sent police clearance - 3-27-11

Production of card - 4-9-11

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted
YOU WILL BE FINE, I GOT DIVORCE AND GOT RE-MARRIED AFTER TWO MONTHS YET STILL IN CONDITIONAL, BUT SINCE MY WORK IS PARALEGAL I AM MUCH MORE CONFIDENT ON IMMGRATION PAPER WORK AND FORCLOSURE DEFENSE. If you think you got married in good faith no problem, you have proofs so you must be fine, got my GC few days ago. ty :-)
1. Almost nothing is ever 100% assured in the immigration process. It's highly irresponsible to state flatly that someone "will be fine."

2. Paralegals, among others, should be able to spell "immigration" and "foreclosure."

3. Without knowing full details of the OP's case, it's impossible (and irresponsible) to state "you must be fine."

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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

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