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Posted

I need help. I married my wife in 2004, coming in under a K-1 visa. In all that time, we have

had very few battles, but a couple of major ones - when they have happened.

Because of her job, a travelling nurse, we were always moving from address to address, to

different states, from one end of the country to another, and this played havoc with our AOS

process for, just when we began to think we'd be in one place long enough - to file and be

able to get me permission to work - and do so, her job would move her again .. the stuff

would be sent to the wrong address, the mail wouldn't be forwarded, etc .. at one time, the

Service Center we sent the neccessary information to, lost *everything* - and told us flatly -

we had to start all over again.

Now, finally, after over 2 + 1/2 years and just months away from our 3rd wedding anniersary,

I have only just recieved my permanent resident card and a social security number, enabling

me to finally be able to start work. Now .. she tells me, she wants a divorce.

She "died" in 'complacency' about 9 months after we married.. I don't know why..and I tried

for the first year *solid* - to pick our marriage up and save it .. but she just has not wanted

to know.

Every principle we ever shared, that our marriage was based on, has gone straight out the

window. She won't talk to me, she won't pray with me, she gave up on all things spiritual

and emotional - for both of us, she won't look at me, she won't even touch me .. we sleep in

separate beds, and have done for months - as if it was normal .. but I have been the only one

who has complained about it. Her best friend "Rick", known from childhood, walks in - and it is

all smiles and laughs .. the dogs ... the precious pooches .. get more of a welcome home than

I do.

I have never, ever, tried to force anything on her. In fact, everything during those wonderful

first 9 months together - was very open. Instead she throws up a foolish comment I made in

an argument once as her reason for wanting the divorce, even though that comment came a

year after the complacency started, which killed us - and she even acknowledges this herself.

She helped me so much, during the whole process up til now, that I am panicked .. as I am

absolutely clueless as to what my options are, against being deported - and discarded like a

piece of garbage - just because she feels differently.

I'm about to take my driving test and start looking for work. She says "I'm not completely

heartless. I'll let you work for a bit so they'll let you stay." .. but I'm not so sure that it's as

cut-and-dry as that.

I don't care what happens to me, as long as I can stay here. I have nowhere and nothing else.

What do I do? Where do I go? Would it help if I was married to someone else? .. or better - is

there just some way I can file to continue, and live and work the rest of my life productively

here?

I am absolutely clueless, and really need help. Our nearest Service Center is Tennessee.

Thank you,

Wish.

K-1 Visa

Service Center : Vermont Service Center

Consulate : London, United Kingdom

I-129F Sent : 2004-02-23

I-129F NOA1 : 2004-03-02

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 : 2004-04-27

NVC Received : 2004-05-03

NVC Left : 2004-05-04

Consulate Received :

Packet 3 Received : 2004-05-12

Packet 3 Sent : 2004-05-17

Packet 4 Received :

Interview Date : 2004-06-25 Submit Review

Visa Received : 2004-06-25

US Entry : 2004-06-29

Marriage : 2004-07-04

Comments : Vermont was excellent and very fast! The London Counsulate was also very fast, nice

and worked very hard to correct a computer glitch that delayed the visa printing.

Processing Estimates/Stats : Your I-129f was approved in 64 days.

Your interview took 123 days from filing.

Posted

I am sorry to hear of your situation...but you have a green card....you are a permanent resident....you can stay.

married Dec '03 in US

Feb 04...... I 130 filed......................approved August 04

March 04... I 129F filed....................approved October 04

August 04...I 130 for children filed....approved September 04

Interview: Jan 19 2005 in Sydney

~~~~K3/K4 Visas granted~~~~~

Leave for New Hampshire 27 January 05

We are Home!!!!! :o)

AOS timeline....round 1

2/16/05 I-765 mailed to Chicago

5/24/05 EAD approved

7/11/05 Started work!!

AOS....round 2 (to finally finish things off)

10/25/06 NOA1 for AOS/EAD

11/16/06 Transferred to CSC

11/17/06 Biometrics appt

11/27/06 Touched "Case now pending at CSC"

1/12/07 EAD "touched"

1/16/07 EAD "touched"

1/17/07 EAD approved "Card production Ordered"

1/20/07 I 485 "touched"

1/22/07 EAD card received

6/13/07 Transferred back to Missouri....grrrrrrr

7/23/07 Interview date! FINALLY!

7/23/07 AOS APPROVED!!! :o) 10 yr Greencard I 551 stamp in passport.

7/28/07 Welcome letter received

7/28/07 Card production ordered.

8/1/07 Approval notice senT

8/3/07 Greencards received in mail!

~~~WE ARE DONE~~~

Posted

But what about this I175 thing I keep hearing about? Don't I have to file for that after the

divorce or something .. and I'm not sure I have a green card, only a permanent resident

card .. and I thought that can be withdrawn under certain conditions .. hearing also that

authorities would want to question me on this divorce, to ensure it's bonafide .. before

deciding whether to deport me or not.

Isn't that also one of the other posts in this forum, that a guy was worried about being

deported also had the same as me?

K-1 Visa

Service Center : Vermont Service Center

Consulate : London, United Kingdom

I-129F Sent : 2004-02-23

I-129F NOA1 : 2004-03-02

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 : 2004-04-27

NVC Received : 2004-05-03

NVC Left : 2004-05-04

Consulate Received :

Packet 3 Received : 2004-05-12

Packet 3 Sent : 2004-05-17

Packet 4 Received :

Interview Date : 2004-06-25 Submit Review

Visa Received : 2004-06-25

US Entry : 2004-06-29

Marriage : 2004-07-04

Comments : Vermont was excellent and very fast! The London Counsulate was also very fast, nice

and worked very hard to correct a computer glitch that delayed the visa printing.

Processing Estimates/Stats : Your I-129f was approved in 64 days.

Your interview took 123 days from filing.

Posted

If you were married for more than 2 years at the time the Permanent residency card (aka Green Card) was granted you should have a 10 year card. When does the card expire?

married Dec '03 in US

Feb 04...... I 130 filed......................approved August 04

March 04... I 129F filed....................approved October 04

August 04...I 130 for children filed....approved September 04

Interview: Jan 19 2005 in Sydney

~~~~K3/K4 Visas granted~~~~~

Leave for New Hampshire 27 January 05

We are Home!!!!! :o)

AOS timeline....round 1

2/16/05 I-765 mailed to Chicago

5/24/05 EAD approved

7/11/05 Started work!!

AOS....round 2 (to finally finish things off)

10/25/06 NOA1 for AOS/EAD

11/16/06 Transferred to CSC

11/17/06 Biometrics appt

11/27/06 Touched "Case now pending at CSC"

1/12/07 EAD "touched"

1/16/07 EAD "touched"

1/17/07 EAD approved "Card production Ordered"

1/20/07 I 485 "touched"

1/22/07 EAD card received

6/13/07 Transferred back to Missouri....grrrrrrr

7/23/07 Interview date! FINALLY!

7/23/07 AOS APPROVED!!! :o) 10 yr Greencard I 551 stamp in passport.

7/28/07 Welcome letter received

7/28/07 Card production ordered.

8/1/07 Approval notice senT

8/3/07 Greencards received in mail!

~~~WE ARE DONE~~~

Posted

And how do I know I'm not a "Temporary Permanent Resident" even though I have my

Permanent Resident Card? [i don't know what an I-751 is]

K-1 Visa

Service Center : Vermont Service Center

Consulate : London, United Kingdom

I-129F Sent : 2004-02-23

I-129F NOA1 : 2004-03-02

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 : 2004-04-27

NVC Received : 2004-05-03

NVC Left : 2004-05-04

Consulate Received :

Packet 3 Received : 2004-05-12

Packet 3 Sent : 2004-05-17

Packet 4 Received :

Interview Date : 2004-06-25 Submit Review

Visa Received : 2004-06-25

US Entry : 2004-06-29

Marriage : 2004-07-04

Comments : Vermont was excellent and very fast! The London Counsulate was also very fast, nice

and worked very hard to correct a computer glitch that delayed the visa printing.

Processing Estimates/Stats : Your I-129f was approved in 64 days.

Your interview took 123 days from filing.

Posted

is there an expiry date on the card?

married Dec '03 in US

Feb 04...... I 130 filed......................approved August 04

March 04... I 129F filed....................approved October 04

August 04...I 130 for children filed....approved September 04

Interview: Jan 19 2005 in Sydney

~~~~K3/K4 Visas granted~~~~~

Leave for New Hampshire 27 January 05

We are Home!!!!! :o)

AOS timeline....round 1

2/16/05 I-765 mailed to Chicago

5/24/05 EAD approved

7/11/05 Started work!!

AOS....round 2 (to finally finish things off)

10/25/06 NOA1 for AOS/EAD

11/16/06 Transferred to CSC

11/17/06 Biometrics appt

11/27/06 Touched "Case now pending at CSC"

1/12/07 EAD "touched"

1/16/07 EAD "touched"

1/17/07 EAD approved "Card production Ordered"

1/20/07 I 485 "touched"

1/22/07 EAD card received

6/13/07 Transferred back to Missouri....grrrrrrr

7/23/07 Interview date! FINALLY!

7/23/07 AOS APPROVED!!! :o) 10 yr Greencard I 551 stamp in passport.

7/28/07 Welcome letter received

7/28/07 Card production ordered.

8/1/07 Approval notice senT

8/3/07 Greencards received in mail!

~~~WE ARE DONE~~~

Posted

When does the card expire?

The card expires next year.

K-1 Visa

Service Center : Vermont Service Center

Consulate : London, United Kingdom

I-129F Sent : 2004-02-23

I-129F NOA1 : 2004-03-02

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 : 2004-04-27

NVC Received : 2004-05-03

NVC Left : 2004-05-04

Consulate Received :

Packet 3 Received : 2004-05-12

Packet 3 Sent : 2004-05-17

Packet 4 Received :

Interview Date : 2004-06-25 Submit Review

Visa Received : 2004-06-25

US Entry : 2004-06-29

Marriage : 2004-07-04

Comments : Vermont was excellent and very fast! The London Counsulate was also very fast, nice

and worked very hard to correct a computer glitch that delayed the visa printing.

Processing Estimates/Stats : Your I-129f was approved in 64 days.

Your interview took 123 days from filing.

Posted

is there an expiry date on the card?

Yes - it expires next year.

K-1 Visa

Service Center : Vermont Service Center

Consulate : London, United Kingdom

I-129F Sent : 2004-02-23

I-129F NOA1 : 2004-03-02

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 : 2004-04-27

NVC Received : 2004-05-03

NVC Left : 2004-05-04

Consulate Received :

Packet 3 Received : 2004-05-12

Packet 3 Sent : 2004-05-17

Packet 4 Received :

Interview Date : 2004-06-25 Submit Review

Visa Received : 2004-06-25

US Entry : 2004-06-29

Marriage : 2004-07-04

Comments : Vermont was excellent and very fast! The London Counsulate was also very fast, nice

and worked very hard to correct a computer glitch that delayed the visa printing.

Processing Estimates/Stats : Your I-129f was approved in 64 days.

Your interview took 123 days from filing.

Posted
is there an expiry date on the card?

Yes - it expires next year.

in that case you should find out what an I 751 is....

married Dec '03 in US

Feb 04...... I 130 filed......................approved August 04

March 04... I 129F filed....................approved October 04

August 04...I 130 for children filed....approved September 04

Interview: Jan 19 2005 in Sydney

~~~~K3/K4 Visas granted~~~~~

Leave for New Hampshire 27 January 05

We are Home!!!!! :o)

AOS timeline....round 1

2/16/05 I-765 mailed to Chicago

5/24/05 EAD approved

7/11/05 Started work!!

AOS....round 2 (to finally finish things off)

10/25/06 NOA1 for AOS/EAD

11/16/06 Transferred to CSC

11/17/06 Biometrics appt

11/27/06 Touched "Case now pending at CSC"

1/12/07 EAD "touched"

1/16/07 EAD "touched"

1/17/07 EAD approved "Card production Ordered"

1/20/07 I 485 "touched"

1/22/07 EAD card received

6/13/07 Transferred back to Missouri....grrrrrrr

7/23/07 Interview date! FINALLY!

7/23/07 AOS APPROVED!!! :o) 10 yr Greencard I 551 stamp in passport.

7/28/07 Welcome letter received

7/28/07 Card production ordered.

8/1/07 Approval notice senT

8/3/07 Greencards received in mail!

~~~WE ARE DONE~~~

Posted

Yes - it expires next year.

in that case you should find out what an I 751 is....

So where do I find out what one is, where do I get it from, and do I start this

now? - because she hasn't filed for divorce yet.

K-1 Visa

Service Center : Vermont Service Center

Consulate : London, United Kingdom

I-129F Sent : 2004-02-23

I-129F NOA1 : 2004-03-02

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 : 2004-04-27

NVC Received : 2004-05-03

NVC Left : 2004-05-04

Consulate Received :

Packet 3 Received : 2004-05-12

Packet 3 Sent : 2004-05-17

Packet 4 Received :

Interview Date : 2004-06-25 Submit Review

Visa Received : 2004-06-25

US Entry : 2004-06-29

Marriage : 2004-07-04

Comments : Vermont was excellent and very fast! The London Counsulate was also very fast, nice

and worked very hard to correct a computer glitch that delayed the visa printing.

Processing Estimates/Stats : Your I-129f was approved in 64 days.

Your interview took 123 days from filing.

Filed: Country: United Kingdom
Timeline
Posted

I have found a few things that may help - most importantly to answer the question of where to find the I-751 form..

US Immigration Forms www.usimmigrationsupport.org/subscription_forms.php?NS_cid=87

Lots of forms there, but the one in question is there and available to print. It appears that that I-751 form is used in the unfortunate event of a divorce, or other permanent change that affects the petitioner. As for whether or not you would want to do this before the divorce, I have not figured that one out yet.

While searching for that, I also found another site that may be of interest with others' experiences with this process..

I-751 Experiences www.skyweb.net/~rlls/intro/cprexptsc.html

I hope this helps. If someone else has any other information, please post. (this is all new to me, but I do try to help where I can)

-helpingafriend

Filed: Timeline
Posted (edited)
Yes - it expires next year.

First to get some information straight, form I-751 is the application to Remove Conditions from an alien's permanent residency, and this is performed 90 days prior to the expiry date on the conditional green card. Since your green card expires next year, you are not permitted to submit this application at this time. Check the exact date of expiration on that card, and calculate when 90 days before that date is. Bear in mind that the form is typically filed jointly with the US citizen spouse, and is sent along with all evidence that the parties are in a bona fide marriage and conducting their lives as husband and wife. (Evidence that they reside together and mingle their social and financial lives).

In the event that the marriage terminates in divorce prior to the filing deadline for form I-751, an alien can self-petition to remove the conditions, once he or she has a divorce decree without waiting until 90 days before the conditional green card expires. This process (self-petition) is commonly referred to as "Waiving the Joint Filing Requirement of form I-751". Once again, all the evidence should be submitted to demonstrate that the marriage was bona fide, but ended in divorce. The decree would be necessary to submit this waiver.

If the filing date arrives and you are not yet divorced, you can do one of two things. File jointly with you US citizen spouse, if she is willing, and if this petition is not adjudicated before you become legally divorced, replace it with a waiver once a divorce decree is available. Or, wait to become divorced and then file the waiver. If your conditional green card expires while waiting to file the waiver, you could be subject to removal, per USCIS regulations.

Edited by diadromous mermaid

"diaddie mermaid"

You can 'catch' me on here and on FBI.

Filed: Country: United Kingdom
Timeline
Posted

There is a forum at Visa Journey about Removing Conditions. You can find it here: http://www.visajourney.com/forums/index.ph...amp;s=&f=86

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Posted (edited)
I have found a few things that may help - most importantly to answer the question of where to find the I-751 form..

US Immigration Forms www.usimmigrationsupport.org/subscription_forms.php?NS_cid=87

Lots of forms there, but the one in question is there and available to print. It appears that that I-751 form is used in the unfortunate event of a divorce, or other permanent change that affects the petitioner. As for whether or not you would want to do this before the divorce, I have not figured that one out yet.

While searching for that, I also found another site that may be of interest with others' experiences with this process..

I-751 Experiences www.skyweb.net/~rlls/intro/cprexptsc.html

I hope this helps. If someone else has any other information, please post. (this is all new to me, but I do try to help where I can)

-helpingafriend

Uh, no. No need to pay for a subscription anywhere. Forms are available directly from USCIS:

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Edited by JenT

8-30-05 Met David at a restaurant in Germany

3-28-06 David 'officially' proposed

4-26-06 I-129F mailed

9-25-06 Interview: APPROVED!

10-16-06 Flt to US, POE Detroit

11-5-06 Married

7-2-07 Green card received

9-12-08 Filed for divorce

12-5-08 Court hearing - divorce final

A great marriage is not when the "perfect couple" comes together.

It is when an imperfect couple learns to enjoy their differences.

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

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