fiancee refuses to give me my GR

[who 0]

So i called the police departement again and explained my situation to a police officer and he called her and then called me back, she told him that she didn't receive no mails for me, although i have confirmation from the post office through USCIS that she did receive them and she admitted it when she received the EAD, and then she said i can speak to her lawyer in case she gets mails for me in the future. and then i asked him what can i do now and he was like the only thing you can do is talk to the post office which i already did and they weren't helpful. so my only option is to contact USCIS and ask for a replacement, do you guys now for sure if i have to do the biometrics again in order to get a new card, if so i'm gonna have to go to a different city which is far from where i live, and what is the maximum time that it can take to get a replacement card? and what should i say to the USCIS, my wife doesn't wanna give me my mails? thanks a lot

[RICARDO4EVA2 194]

You need to inform USCIS when you change your address within 10 days .

after you inform uscis of your new address you can ask for a new greencard I believe it is around $450 and you need to do biometrics again.

You need to get divorced to remove conditions on your own,. You are probaby not going to police because you think you'll be able to remove conditions without USCiS finding out you are separated.

if you think you can fool them into thinking you are still with your wife you are making a big mistake because you need to send a lot of proof of living together in order to remove conditions without interview.

Once divorced all you need to do is prove that marriage was in good faith and then you can remove conditions on your own with a waiver.

[RICARDO4EVA2 194]

So i called the police departement again and explained my situation to a police officer and he called her and then called me back, she told him that she didn't receive no mails for me, although i have confirmation from the post office through USCIS that she did receive them and she admitted it when she received the EAD, and then she said i can speak to her lawyer in case she gets mails for me in the future. and then i asked him what can i do now and he was like the only thing you can do is talk to the post office which i already did and they weren't helpful. so my only option is to contact USCIS and ask for a replacement, do you guys now for sure if i have to do the biometrics again in order to get a new card, if so i'm gonna have to go to a different city which is far from where i live, and what is the maximum time that it can take to get a replacement card? and what should i say to the USCIS, my wife doesn't wanna give me my mails? thanks a lot

YES. you will have to do it again. The fee is $450.00.

The physical card currently takes about 6-8 months to be received after the application is accepted and no delays. After applying you will receive a receipt notice that can be used for travel for up to 1 year from the date on the notice to go and see the family overseas.

Edited April 13, 2013 by RICARDO4EVA2

[VanessaTony 3,567]

No-one has mentioned the simplest, and free option for proof of status, INFOPASS.

Make an INFOPASS appointment, tell them your wife has your GC and refuses to give it to you. Ask them for an I-551 stamp in your passport. That is proof of status.

http://infopass.uscis.gov/

I should note, they might NOT give you the stamp, so I suggest you take the report from USPS that you reported missed mail, and/or police report of mail theft. I should also mention that they will note your file... and come ROC time (which is IMMEDIATELY after divorce/annulment is granted or during the 90 days, whichever is first) you may have a hard time explaining to them that your marriage was over before you got the GC (just not legally yet). This is a big indicator for fraud.

Also, divorce or annulment, doesn't matter for your status (it can matter what she writes in the paperwork though). Also, she doesn't need your signature. As long as you've been served, usually the other party can obtain the divorce/annulment without your signature (assuming you don't file any sort of paperwork). Refusing to sign doesn't mean it won't happen. You will need to file legal documents, or at the very least attend the court dates, to prevent the annulment/divorce being granted in your absence. I suggest you have a free consultation with an attorney about this.

Edited April 14, 2013 by Vanessa&Tony

[who 0]

No-one has mentioned the simplest, and free option for proof of status, INFOPASS.

Make an INFOPASS appointment, tell them your wife has your GC and refuses to give it to you. Ask them for an I-551 stamp in your passport. That is proof of status.

http://infopass.uscis.gov/

I should note, they might NOT give you the stamp, so I suggest you take the report from USPS that you reported missed mail, and/or police report of mail theft. I should also mention that they will note your file... and come ROC time (which is IMMEDIATELY after divorce/annulment is granted or during the 90 days, whichever is first) you may have a hard time explaining to them that your marriage was over before you got the GC (just not legally yet). This is a big indicator for fraud.

Also, divorce or annulment, doesn't matter for your status (it can matter what she writes in the paperwork though). Also, she doesn't need your signature. As long as you've been served, usually the other party can obtain the divorce/annulment without your signature (assuming you don't file any sort of paperwork). Refusing to sign doesn't mean it won't happen. You will need to file legal documents, or at the very least attend the court dates, to prevent the annulment/divorce being granted in your absence. I suggest you have a free consultation with an attorney about this.

Thank you all for your help

i have a few questions still, did you say i can apply to become a permanent resident right after the divorce/annulment is finalized? i just got approved for CGC. how soon can i get the PR? i thought it has to be 2 years from the date i get CGC to apply for PR!!. i wanna go back home for a few months at least. can i still come back after that? does it matter what she writes in the divorce papers? would the judge believe her if she told lies about me?like would he approved whatever she writes in the papers just because i didn't show up in court? i haven't been served. she doesn't know where i live right now,and if she did apply for divorce then i'm not sure what address she used but not where i live right now, hope she didn't send them them to one of my friends or relatives address.

[N-o-l-a 7,168]

Thank you all for your help

i have a few questions still, did you say i can apply to become a permanent resident right after the divorce/annulment is finalized? i just got approved for CGC. how soon can i get the PR? i thought it has to be 2 years from the date i get CGC to apply for PR!!.

You can home with conditional permanent residency the day you receive it if you want, however you'll need proof. I suppose it is possible for the local USCIS office to put an I-551 stamp in your passport given the circumstances.

What you are talking about is removing conditions on the permanent residency which will happen when you get divorced or at 2 years (for folks not getting divorced).

Edited April 15, 2013 by Nola123

[VanessaTony 3,567]

Thank you all for your help

i have a few questions still, did you say i can apply to become a permanent resident right after the divorce/annulment is finalized? i just got approved for CGC. how soon can i get the PR? i thought it has to be 2 years from the date i get CGC to apply for PR!!. i wanna go back home for a few months at least. can i still come back after that? does it matter what she writes in the divorce papers? would the judge believe her if she told lies about me?like would he approved whatever she writes in the papers just because i didn't show up in court? i haven't been served. she doesn't know where i live right now,and if she did apply for divorce then i'm not sure what address she used but not where i live right now, hope she didn't send them them to one of my friends or relatives address.

Not can, MUST. You MUST file ROC as soon as your divorce is finalised. You will need to prove your relationship was valid of course.

You can certainly TRY and leave the country for a while if you want to. You will need the GC stamp of course (or the actual GC).

Whether the judge "believes" her or not isn't relevant. If she files the papers and you don't fight it, it can get entered with whatever she writes. Also, she can get the divorce done even if she doesn't know where you live. In some states the only requirement is an ad in the paper in the area in which she knows you last resided. There is a waiting time but it's possible.

Personally I would prefer to be served so I knew what was going on. I would send her a letter (certified), a text and an email with my current address. Then if she tried to get it entered in your absence via the ad, you have proof she knew your address (and she can get into trouble, unless of course you live in the area she advertised in).

Edited April 15, 2013 by Vanessa&Tony

[john gibbs 17]

so here is my story, i came on k-1 got married and after that my wife decided that she doesn't wanna be with me anymore and kicked me outta the house, and then she received my EAD and refused to give it to me and now she received my CGC and she refuses to give it to me(she filed for annulment and it's not finalized yet) i have been without an ID for almost a year, she has my immigration mails plus other documents of mine that she refused to give it to me as well. i have changed my address at the post office but for some reason they still delivered the GC to the old address...

what should i do? i cannot even leave the country to visit my family because i have no AP nor GC on me. i don't wanna go to the police and told em my situation because i still care about her even though she hurt me so much.

what are my options? please only people with knowledge and experience, no room for haters. thanks

why would she refuse to help you get your CGC unless she believes you only married her to get one?

there are 2 sides to every story.