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Posted

Thank you for reading. This forum has helped me so much through my process and I appreciate everyone who participates. Ill be happy to introduce myself and my process shortly after my post to have them separate.

So, here goes,

met wife who is USC Sep 08 through a friend, moved in together Nov 08, got 2 kittens, left everything and everyone and moved state together in 2010, and lived together lease after lease until 2011, when we decided to get married, dinner party ceremony, honeymoon (it was a trip) with friends in hawaii, filed AOS a year after marriage in 2012, lived together still, Got CPR until March 2014....

Wife and I filed I751 jointly, we were married and shared 5+ years together, shared 5 leases and had cats that were like our kids. Beautiful wedding, lots of friend, met each others families many times etc etc. last year she moved to the east coast for grad school and I stayed in CA for work. We got caught up in our lives and started to drift apart. Definitely not as close as we were but we get along, she has been back to visit a few times we're both insanely busy. For the sake of clarity in filing for i751 maybe we should have filed for divorce, but it seemed a little harsh thing to do because, we were just living far away from each other and we didn't have the time to consider divorcing, but now we realize were not as close as before.

We thought it would go as smoothly as the first acceptance of cpr, but two weeks after biometrics we're called in for interview, and requested to bring in evidence of us being together since filing the 751 until present day. We filed a month and a half ago, we barely have any, maybe i just cant think of any or should think more creatively. Aside from her still being the beneficiary on my 401 k, emergency contact for my work, her coming back for the interview and cats that we have being taken care of by a friend until she moves back (when she left I found a sublet close to work and couldnt keep the cats so a friend took them in) and we get a pet friendly place again, this lack of proof might be suspicious in the eyes of the interviewer, perhaps. We had car insurance together, she sold hers when moving to EC and mine broke down, i moved 5 minutes away from my job and just bike now.. insurance ran out. For phones, we had a plan, i lost my phone, she wanted a different one, we dropped the plan. Joint account, I always had one of her cards she always had one of mine. It was easier, we were a simple couple and it worked for us. This kind of stuff that just 'happened'.What is recommended, to continue to file it together and attend it as a married couple, or to file for divorce and refile 751? If latter how does that work? Do we tell them at the interview that we suppose we should be divorced if were not entirely together but not separated either? Please shed some light, advice, anything. :)

I didnt consider the i751 waiver until recently and dont know much or anything about it. at what point does or can someone file for i751 divorce waiver? after denial? during? before the interview?

How does removal work after that? sorry for so many questions, were both really confused.

Thank you thank you thank you.

Thank you for reading.

Filed: Citizen (pnd) Country: Mexico
Timeline
Posted (edited)

The big issue I see is... did you lie in any answer on the form??? Did you said you live together??? If you are thinking to get divorce or are living as a separate couple Im not sure it was a good idea to file as still married because immigration always find out the truth... dont know how bad is at this point but at least in the forms for the visa and interview could be consider misrepresentation... hope anyone else can correct this part if im wrong but is a really deep hole to lie in any immigration process...

My point is, if you didnt lie at all maybe is posible to either withdrawl the petition or write a statement to fix things... If anything could be consider as lying maybe is time for a lawyer

Edited by Carla V

I love you Charles forever!!

! dveMm6.png

 

N-400 Waiting to be schedule for Oath Ceremony 

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

~Moved from Introducing our Members to ROC Forum~

~Inquiry about ROC~

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

Posted

Are you guys planning to live together and work out relationship in future?

If not then definitely you are faking your relationship for ROC,which is not a good idea.Thats what they found out and called you for interview.

I think you should tell truth on interview that you entered marriage on good faith for which you can show documents but relationship did not work out.Then file for divorce and apply again for waiver.

First you should consult a good lawyer.

ROC sent (DAY 00) -2/21/2014

ROC received at center (DAY 03) -2/24/2014

NOA received at home (DAY 07) -2/28/2014 (NOA dated 2/24/2014)

BIO received at home (DAY 12) -3/05/2014 (bio appt on 3/20/2014)

BIO appt (early bio) (DAY 12) -3/05/2014

Approval decision date (DAY 89) -5/21/2014

Approval letter received (DAY 91) -5/23/2014

Card received at home (DAY 102)-6/03/2014

Posted

A good immigration lawyer is the answer for you now. I-751 waiver is impossible now, it will even make things worse. USCIS needs solid proof for a bonafile relationship. Calm down and collects as many as proofs at you can, you will have to demonstrate your situation at the interview. Cats, pets are not helpful, don't get them involved.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

Posted (edited)

Thanks for all the responses. Its occurring to us that if theres a chance of us together in the future we shouldnt jeopardize it by filing a misleading i751- theres no 'in between' for the checkboxes and we shouldnt have it as an 'were working on it' kind of marriage.. She might intend to stay in he east coast, I don't want to move there and our work lives seem to conflict more and more, we dont know. we started out great but transfers and promotions etc ended up with our schedules being far than what we'd expected, and its simply not working for us. . Without a doubt even to the officer who interviewed us for AOS we got married in good faith, our lives moved in different directions since she left for grad school and the distance started to affect us. We knew this all along that we would be separated for our pursuits and were sure we could deal with the distance but it turned out we couldn't. We're considering at the interview just telling them that we still love each other and would see the possibility of us together in the future but for proving it now, we can't and shouldnt present anything as a lie. That appears to leave the only option to file for divorce and if theres anyone id ever get married to again it would be her, which wouldnt be so bad in their eyes.

Anyways, now we have the interview coming up and got information that we can amend our i751 for waiver, the question is,

if the interview is in 3 and a half weeks is there,

1) Time to get started with our divorce/ summary dissolution process and present it at the interview to request an ammendment?

or

2) request to reschedule the appointment because we are amending our application to apply for i751 waiver?

or

3)Go to the appointment without the divorce papers and tell them the honest truth that we filed it in the hurried effort of making the deadline and because at the time we thought we shouldn't get a divorce just yet sent it as a joint application.

In any of the instances, how much time would we be given to get the divorce papers in order and sent back to them for the waiver to be accepted. Now were well past the 90 day submission because I already did my biometrics and all, and if the divorce process takes like 6 months would they give us the 6 months to have everything back to them?

Thanks again everyone.

Edited by Lovepenguins
Posted

Sorry but you need an immigration lawyer. Your case is not simple at all.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

Posted

You will have to refile because interview is for joint application and you are planning to divorce so can't ask to reschedule interview for divorce waiver.

Better to consult an experienced lawyer immediately to avoid any hassle.

ROC sent (DAY 00) -2/21/2014

ROC received at center (DAY 03) -2/24/2014

NOA received at home (DAY 07) -2/28/2014 (NOA dated 2/24/2014)

BIO received at home (DAY 12) -3/05/2014 (bio appt on 3/20/2014)

BIO appt (early bio) (DAY 12) -3/05/2014

Approval decision date (DAY 89) -5/21/2014

Approval letter received (DAY 91) -5/23/2014

Card received at home (DAY 102)-6/03/2014

Filed: Citizen (apr) Country: Hungary
Timeline
Posted (edited)

You can change your case to divorce waiver at the interview, but it might not be necessary to start divorce proceedings just to satisfy USCIS. Obviously don't lie about your situation, be upfront about it.

This couple's situation was somewhat different, because they were legally separated, but it might give you some insight.

http://www.visajourney.com/forums/topic/441870-my-i-751-interview-experience/#entry6372836

and

http://www.visajourney.com/forums/topic/445820-i-751-approved-separated-had-interview/#entry6418712

Edited by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Posted

Thanks you for the link and helpful information. We'll both go to the interview, be clear and honest were not together but have with us more than enough evidence that we were together for a long time for true reasons and see what happens. At this point I have learned the interview is not to find out if our marriage will last but that it was entered in for the right reasons, and knowing just that makes us feel a lot better about the situation. Thanks!!

Posted

Don't jump for a divorce in a hurry, maybe one day you and your wife will work it out, just go to the interview as a married couple, let them know she moved to attend school, and you stayed Becuz of work, they might have noticed that your wife social security is registered working in a different state, just explain things, don't run gettin a divorce just to file roc, people work things out all the time, you might never know

6/29/12 AOS Package mailed Chicago Lockbox

7/01/12 Package delivered

7/09/12 NOA email notification

7/14/12 Received hard copy of NOA in the mail

7/16/12 Received biometric appointment letter for 8/01/12

7/23/12 Successful walk in Biometrics

8/15/12 Received email for interview notice

8/17/12 Received interview notice in the mail

9/10/12 EAD card ordered, (didnt get email or text checked it on USCIS website)

9/18/12 EAD card received in the mail

9/18/12 Interview done, approved on the spot!

9/19/12 Got email that approval notice was mailed out on 9/18/12

9/22/12 Received Approval notice in the mail

9/24/12 Got email that greencard was sent in the mail

9/26/12 Received greencard in the mail, thank you lord!

  • 2 months later...
 
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