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Posted

Hi everyone.

I've posted before my situation.

Feb 2013 I sent the package for ROC. Aug 2013 answered the RFE we got. 5 Days ago got a letter saying we have to show up for the interview in a month from today in March. It says what to bring and is mentioned black on white THE INTERVIEW WILL BE VIDEOTAPED

We married 2010, got the GC 2011. I have a very good job in a different state, my husband had his. We never had issues, I was going home very often, he was coming to visit. So I go for like 5-7 days every month (during the summer) and then a week after he'll come see me. But It'worked like that, until this summer, when he found someone else and I was told not to come anymore. Maybe I'm the one to be blammed or the job, or both, but I guess that the bubble is full.

I need to know if anyone had similar case, situation or heard about. I mean, I need to know if it's correct/okay to do so :

We are going for the interview and I'm planning on telling the truth. We are not divorced ( but it's coming and isn't avoidable) yet, since we were in the middle of the process with the ROC, but we are sepparated for about 6 months by now. I moved out, he's there in the house with his new lady

What is best to tell at the interview, that because of my job in the other state , we grew appart? I just think by being onest, will help, or i don't know. The stress is overwhelming.

Anybody? Thank you.

Posted

Tell the truth. Marriages fail for many reasons, not only distance. USCIS understands this and allows someone who has built a home and a career in the US to remove conditions on their own, but it has slightly different requirements.

Instead of proving that you HAVE a valid marriage that satisfies the requirements of RoC, you have to prove that you HAD one. If your separated spouse attends the interview with you, and you take supporting documentation that you were genuinely married and did things together, shared property, bank account and bills, proof of visits in both directions it doesn't really matter that you lived apart because of education/employment in different states. There are many people who do this, just like you.

The onus is to prove that you didn't immigrate on a marriage visa without having a genuine relationship. You are entitled to remove conditions on your own, based on that premise. They will extend the valid period on your temporary green card (normally with a letter, the same as your AoS) and put you into a "pending" mode while you arrange the divorce. Once the divorce is final, you submit your paperwork to remove the conditions and you're done for 10 years (or 5 if you go for citizenship).

Does that help with the stress levels? :)

ROC

AR11 filed: 02/05/11

I-751 filed at Vermont Service Center: 02/07/11

NOA: 02/14/11

Biometrics appt: 03/21/11

RoC Interview: Not required

RoC Approved: 08/04/2011

10 yr Green card received: 08/10/2011

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

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