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Filed: Timeline
Posted

hi im new here and hope i'll stay for a long time,..hope to get some answers here god bless you all..

MY CASE....

in February 2009 i married a USC, we apply for the green card on APRIL 2010 received the conditional green card on August 2010,(GC expired on August 2012) on December 2010 we bought our house (on her name because my credit was too low.. or had no credit) on JUNE 20 2012 WE BOTH FILE for the i-751 JOINTLY, on july 05 2012 i received a letter from USCIS that they received the form and all papers... on July 30 2012 i received an EXTENSION FOR 1 YEAR TO MY TEMPORARY GREEN CARD,PLUS BIOMETRICS LETTER APPOINTMENT FOR AUGUST 17 2012,!!! i went and took biometrics and took the picture now my case is pending as of now VERMONT SERVICE CENTER IS ON JANUARY 16 if im not mistaken...

as prove my immigration lawyer that have had my case since start i have apartment lease contract on both of our name, utilities bill, car insurance,joint bank account,tax return for the past 3 years,dental on my insurance,checking and saving statements,... we have no kids..

NOW THE ISSUE....

since August 16 2012 she filed for divorce ( i did not knew about it until October 02 2012 when an officer came to my house and gave me a divorce papers it was a citation.. CAUSE ADULTERY....and a mutual temporary restraining order.. (that i could not talk to her in a vulgar and profane way etc.. it did not prohibited me to talk to her or contact her..) but the restraining order its now now the case from start...

on september 24 2012 we argued and she called the police on me, she said i hit her on her leg when i closed the door and told them i was being violent... (its not true) so like 5 sheriffs came to my house interrogated her and me they dropped the case because there was no evidence and they asked her if she was in pain so they could call a doctor she said no, the saw her leg she had nothing... so they apologize to me for being rude, and left.. i was shocked!!! so i went to bed on the other room i was sleeping for the past 2 month, on september 25 2012 she and her brother came to the house and emptied damn they even took the toilet paper and left the house... when i came from work an officer was waiting for me outside and told me to sign a police report that now i have knowledge she took all the furniture (same officer that came a day before.. he told me man get divorce she is crazy...)

now all her family even she is trying to get me deported or stop my residence and get deported....

now im worried because i want to move from this house and i dont want to change the address i talked to the USPS manager and they are holding the mail on my name..

MY QUESTIONS ARE..

1..should i move from this house?? i have a sister and she is offering me one of her rooms to stay.. so i can save soem money

2.. should i delay the divorce? its our 2 hearing and they have been reset since her lawyer was not there the first time and the second time mine was not there.. so we haven't even talk or try to negotiate yet...

3.. what will happen if she calls the USCIS and tell them we are not together anymore? she has the same address only thing she forwarded her mail to a P.O BOX...

4.. i spoke to my immigration attorney and he said the best thing to do is to try to delay the divorce because i need like 2 more months to get my 10 years GREEN CARD.

please advises will be appreciated!!!..

PS.. there was no sex in the last 3 month of our marriage.. she always told me either she was with headache or on her period... or her stomach hurt...so i met a girl on Facebook and dated her..she have a picture of us holding hands.. her brother hired a private investigator.. so yeah.. DON'T BLAME ME FOR WHAT I DID PLEASE I KNOW I DID WRONG AND I FEEL BAD NOT FOR HER BECAUSE SHE WAS REALLY POSSESSIVE AND CONTROLLING...

if i didnt explain something please reply what other details you guys need.. I DONT MIND GIVING HER THE HOUSE AND EVERYTHING I JUST WANT MY STATUS SAFE,.. BECAUSE SHE TOLD ME "if you're not with me then with no one.. i tried to talk to her and fix everything but she told me if id really love her i have to accept what she said and is asking on the divorce demand MAINTENANCE SUPPORT, DOMESTIC VIOLENCE,PAY HER BILLS AND MORTGAGE AND I HAD TO LEAVE THE HOUSE, GET DEPORTED AND WHEN I CAME BACK "(illegal) we would try again... I said NO!! ...

like i said MY IMMIGRATION STATUS IS ALL I CARE ON THIS MOMENT ITS MY LIFE IM YOUNG 29 AND NEED TO CONTINUE WITH MY LIFE PLEASE HELP!!!

Filed: Timeline
Posted

ADDITIONAL DETAILS I ENTERED TO THIS COUNTRY WHEN I WAS 6 YEARS OLD WHEN WE APPLIED USCIS HAD MY PASSPORT WHEN I ENTERED LEGALLY TO THIS COUNTRY IM HERE SINCE 1996 .. why i didn't fix my situation before? i dont know.... maybe a little ignorance or stupidity of my own....

Posted

I believe all you need to do is when the divorce is final you let USCIS know and proof that you didn't enter the marriage to defraud USCIS. And they will grant you a green card.

05/22/2012 - MAILED AOS PACKAGE.
06/04/2012 - RECEIVED NOTICE IN THE MAIL.
06/04/2012 - RECEIVED BIOMETRICS APPOINTMENT IN THE MAIL.
06/06/2012 - WALK IN BIOMETRICS COMPLETED.
07/11/2012 - TEXT AND EMAIL NOTIFICATIONS OF I-485 INTERVIEW APPOINTMENT.
07/13/2012 - RECEIVED HARD COPY OF INTERVIEW NOTICE IN THE MAIL.
07/28/2012 - EAD CARD PRODUCTION ORDER.
08/04/2012 - EAD CARD IN HAND.
08/15/2012 - GC INTERVIEW. APPROVED. PASSPORT STAMPED.
08/20/2012 - GC CARD PRODUCTION ORDERED.
08/23/2012 - GC RECEIVED.

06/28/2014 - MAILED I-751 PACKAGE

07/05/2014 - RECEIVED NOA 1

01/15/2016 - Interviewed and Approved.

08/02/2016 - N400 Interviewed and Approved.

Filed: Timeline
Posted

yes but im only 2 or 3 month i don't want to start all over again... is possible if i delay the divorce with another reset or reschedule for the mediation will get me some time??

I believe all you need to do is when the divorce is final you let USCIS know and proof that you didn't enter the marriage to defraud USCIS. And they will grant you a green card.

Filed: Timeline
Posted

First- I dont know why youre so confident you only have 2 or 3 months to go before your 10 year GC is issued. Do you have some kind of crystal ball that lets you see the future? Has UCIS sent you a letter guaranteeing you your card will be issued by a certain date??

Second- Your GC was originally issued Aug 2010. The conditions 'expired' Aug 2012. Its now Nov 2012. If you get divorced now all you need to do is show you entered the marriage in good faith. Yes, you have to submit paperwork again, which sucks, but so does cheating on your wife and getting caught because of pictures on facebook.

Filed: Timeline
Posted

First- I dont know why youre so confident you only have 2 or 3 months to go before your 10 year GC is issued. Do you have some kind of crystal ball that lets you see the future? Has UCIS sent you a letter guaranteeing you your card will be issued by a certain date??

Second- Your GC was originally issued Aug 2010. The conditions 'expired' Aug 2012. Its now Nov 2012. If you get divorced now all you need to do is show you entered the marriage in good faith. Yes, you have to submit paperwork again, which sucks, but so does cheating on your wife and getting caught because of pictures on facebook.

When I said I dated a girl I meant we went out on lunch we haven't even kiss each other... You don't know my wife how manipulating she is... Like I said please don't blame if you don't know what happened.. As for the months I speak what my immigration lawyer told me.. Is all please if you are goin to make a comment don't judge me

Filed: Timeline
Posted

Im not judging you, simply responding to what you posted. You posted you "met a girl on Facebook and dated her..she have a picture of us holding hands....DON'T BLAME ME FOR WHAT I DID PLEASE I KNOW I DID WRONG " which is greatly different then "we went out on lunch".

But regardless, you cant stop your wife from moving forward with the divorce, or notifying UCIS of the change in your marital situation.

So you need to just get the divorce done with and file again.

Filed: Timeline
Posted

Im not judging you, simply responding to what you posted. You posted you "met a girl on Facebook and dated her..she have a picture of us holding hands....DON'T BLAME ME FOR WHAT I DID PLEASE I KNOW I DID WRONG " which is greatly different then "we went out on lunch".

But regardless, you cant stop your wife from moving forward with the divorce, or notifying UCIS of the change in your marital situation.

So you need to just get the divorce done with and file again.

As you can see English is not my mother tongue I apologize if I didn't explain the right way..

Please can someone answer me those questions? And once again god bless all of you.

Posted

If you try to delay the divorce until you get your 10 Year GC it's considered lying to USCIS and Immigration fraud and your GC can be taken away from you. Is it really worth risking it because you don't want to wait a couple extra months and resubmit some paperwork. It's your choice.

05/22/2012 - MAILED AOS PACKAGE.
06/04/2012 - RECEIVED NOTICE IN THE MAIL.
06/04/2012 - RECEIVED BIOMETRICS APPOINTMENT IN THE MAIL.
06/06/2012 - WALK IN BIOMETRICS COMPLETED.
07/11/2012 - TEXT AND EMAIL NOTIFICATIONS OF I-485 INTERVIEW APPOINTMENT.
07/13/2012 - RECEIVED HARD COPY OF INTERVIEW NOTICE IN THE MAIL.
07/28/2012 - EAD CARD PRODUCTION ORDER.
08/04/2012 - EAD CARD IN HAND.
08/15/2012 - GC INTERVIEW. APPROVED. PASSPORT STAMPED.
08/20/2012 - GC CARD PRODUCTION ORDERED.
08/23/2012 - GC RECEIVED.

06/28/2014 - MAILED I-751 PACKAGE

07/05/2014 - RECEIVED NOA 1

01/15/2016 - Interviewed and Approved.

08/02/2016 - N400 Interviewed and Approved.

Filed: Timeline
Posted

If you try to delay the divorce until you get your 10 Year GC it's considered lying to USCIS and Immigration fraud and your GC can be taken away from you. Is it really worth risking it because you don't want to wait a couple extra months and resubmit some paperwork. It's your choice.

You are right it's not worth it.. So I will wait, should I call Uscis and tell them about my situation or just wait till I get my divorce decree?? I have decided I am moving from the house? What's goin to happen to my 1 year extension I got for my green card?

I need an advise what's more safe for me to do? I don't mind waiting but someone told me that if I get divorce I'll get deported because my 1 year extension will no more be valid.

Need advice on what to do please god bless you all

Filed: K-1 Visa Country: Philippines
Timeline
Posted

You are right it's not worth it.. So I will wait, should I call Uscis and tell them about my situation or just wait till I get my divorce decree?? I have decided I am moving from the house? What's goin to happen to my 1 year extension I got for my green card?

I need an advise what's more safe for me to do? I don't mind waiting but someone told me that if I get divorce I'll get deported because my 1 year extension will no more be valid.

Need advice on what to do please god bless you all

Nothing happens to your extension. You should probably assume she already contacted USCIS and told them you are the devil incarnate and is trying to stop the processing of ROC. You really do need to separate from her completely and give no opportunity to lay charges on you. You'll need a witness to any meetings so she can't lie about you trying to harm her.

Top priority is getting that divorce out of the way.

Filed: Timeline
Posted

There are a few other things you should be aware of-

you need to make sure you gather up or otherwise obtain copies of everything you sent in you original packet (your documents showing a bonafide marriage and commune residence Meaning if you already left the home, you need to go back for them, or if you havent left, when you do, take them with you.

Also since English isnt your first language be VERY careful on what you sign in the divorce. Your wife can 'allege' anything she wants through out the divorce, it doesnt matter. What does matter is the final divorce decree. So she can allege 'domestic violence' as one of the grounds for divorce HOWEVER if you sign agreeing to a divorce on those grounds its the same as you agreeing to the fact that you are guilty of it. AND immigrants guilty of DV are not eligible for GCs.

To protect yourself (since your wife had already called the police once on you alleging violence that was unsubstantiated) You need to ensure you are NEVER alone with her under any circumstances, because if you are, the same situation can repeat itself and you may not get lucky again. (if you are charged with DV against your partner even while separated, you will not be ale to get a GC), you also need to ensure the final divorce decree is granted on grounds other then DV- usually its 'incompatibility of the parties'. (If she insists she wants it granted on grounds of DV and you oppose (refuse to sign off on that) then it goes to the judge to rule on it- what then happens is each side has to present a case, she would need evidence to support her claim of DV, which she doesnt seem to have any, and you would get an opportunity to speak/present your case/reasons why you dont want it granted that way- then the judge will make a ruling) With out her having proof of violence during the marriage the only way for it be granted as 'domestic violence' would be if you signed off on it- so dont. Read everything and know what your signing.

Filed: Timeline
Posted

Thank you all Goethe replies I'm more confident now!!..

I already went and look a apartment think I will move there soon.

My immigration attorney have all original proofs of a bonafide marriage because he have my case since beginning

Knowing her I think she already contacted Uscis..

Should I change address online or call an officer?? Wich is better??

God bless you all!! :)

 
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