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Myopia

Two years to Ten Year GC..

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Filed: K-1 Visa Country: Vietnam
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Alright, wow, I had no idea you could marry someone over and over again. I could have sworn that I read that it was illegal, but I guess not...best of luck to you. I advise not to rock the boat and pay the $500 on the removal of conditions--not a big price to pay for having a piece of mind.

Ah, yes... removal of conditions. As Hamlet put it, "Ay, there's the rub". :innocent:

Myopia has had a tough go already. I'm sure she's not anxious to let a USCIS immigration officer have another crack at her in another interview. Given the gauntlet she's already had to run, an interview seems possible, maybe even probable. The upside to asking USCIS to issue the 10 year green card based on the first marriage is she'd get to avoid that interview. The downside is that even asking them to do this might backfire since it's asking them to change a material fact on which her eligibility for permanent residence was based.

Thankfully, I am not in her shoes, but if I were I think I would accept the little bit of good news I had now and face the possibility of a repeat performance with USCIS in two years, rather than going back into the dragon's lair now and trying to get my sword and shield back. :blush:

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Ah, yes... removal of conditions. As Hamlet put it, "Ay, there's the rub". :innocent:

Myopia has had a tough go already. I'm sure she's not anxious to let a USCIS immigration officer have another crack at her in another interview. Given the gauntlet she's already had to run, an interview seems possible, maybe even probable. The upside to asking USCIS to issue the 10 year green card based on the first marriage is she'd get to avoid that interview. The downside is that even asking them to do this might backfire since it's asking them to change a material fact on which her eligibility for permanent residence was based.

Thankfully, I am not in her shoes, but if I were I think I would accept the little bit of good news I had now and face the possibility of a repeat performance with USCIS in two years, rather than going back into the dragon's lair now and trying to get my sword and shield back. :blush:

I couldnt have put it more eloquently myself. Hopefully in two years time, my husband will be a little more seasoned and understand that working for DHS does not give us a free pass with USCIS! Because I did so much research on the law, I knew that my case was a tricky one already and then the whole prove you werent married part just made it extra hard...so I think Ill just sit it out and hopefully we wont have the same kind of problems with the next step.

03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

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  • 2 weeks later...

Ok quick background, and Im just seeing if I can for no other reason then Im seeing if I can. When I filed, we had two marriage dates. One was in 2009 (religious) and the other was in 2011(civil), Both marriages are legal and valid in NY state because NY holds ALL religious marriages as valid even if you dont get a licence(We didnt) as long as its performed by a religious officiant. So both my ceremonies are valid which is why I had to make it clear that being married to the same person repeatedly in NY state is not considered bigamy. (In other states it is)

That being the case and after reading some cases, we filed from the 2011 marriage as I felt it was too much of a gamble to file with the religious one inspite of what Ny and Federal law says(Federal law generaly accepts what states accept as marriage).

So now knowing I am going to get a 2 yr card with a condition that I stay married for two years, already being married for nearly three....My question is the feasibility of getting USCIS to give me a 10 yr card with no conditions which means I dont have to pay another fee to get conditions removed.

Am I clearer?

The information USCIS have on you is what you provided. Maybe if you had submitted BOTH pieces of information, you'd have your 10yr now. I have no idea if they would grant a 10yr with further information, especially as it's already in the pipeline. You could try and see what happens.

03/05/12 (Day 01) Sent package

03/08/12 (Day 03) Package received

03/16/12 (Day 11) Bio Appt recieved

03/17/12 (Day 12) NOA received

03/19/12 (Day 14) Early Bio walk in

03/26/12 (Day 21) RFE notification

03/28/12 (Day 23) RFE returned

04/09/12 (Day 36) Original Bio date

04/20/12 (Day 47) Interview Appt recieved

05/03/12 (Day 60) EAD Approved

05/08/12 (Day 65) 2nd Approval

05/09/12 (Day 66) EAD Mailed

05/10/12 (Day 67) USPS picked up card

05/11/12 (Day 68) EAD in hand

05/23/12 (Day 79) Interview

ticker.png

ticker.png

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The information USCIS have on you is what you provided. Maybe if you had submitted BOTH pieces of information, you'd have your 10yr now. I have no idea if they would grant a 10yr with further information, especially as it's already in the pipeline. You could try and see what happens.

I DID give USCIS both pieces of information. I DID submit the law where my religious marriage was Valid and legal. I did ALL that but you know the IO wasnt the nicest person in the world and I wouldn't be surprised if she had tried for a denial and a supervisor had overridden it. My case was pending for almost 6 months. Oh well Ill find out one day when SI do a FOI for my file. (Ive always liked to see what people thought of me!)

03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

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