Pending I-751 Petition to Remove the Conditions of Residence

[Malificent_Me 0]

Can someone advice me on what to do please.

Below is the story of my life.

I got married to a US Citizen sometimes in June/2011 and filed for I-485 but me and my ex didn't live together due to circumstance I do not want to go into details about. Anyways, my application was pended for about a year. I met someone else because my marriage to my ex didn't go so well. My new Girl friend became pregnant to our first child and a few weeks after she moved into my apartment, Immigration officer came to my apartment on one of their so called routing check. Fortunately, I had filed for divorced from my previous marriage and has been approved. The officers asked me few questions about my ex and then I told them the current status of my previous marriage. He then asked me who was in the apartment with me, I told them my fiance and our daughter. He took there information and left.

I got married to my fiance a couple month after that and filed for another I-485 in Oct/2012. We went for the interview and the interviewer checked everything but mentioned that he could not make a decision due to my pending I-485 from my previous marriage and that he will write a petition to have it cancelled. two months after the interview in April/2013, my 2 years green card got approved and we gave birth to our second child in Oct/2014. Prior to the expiration of my 2 year GC the whole 3 months I-751 submission, I submitted the I-751 form in Feb/2015 and received a letter for interview in Aug/2015. In Nov/2015 i received a Notice of Intent to Deny (NOID) stating that me and my wife live separately and that I told them that we were never separated during the interview.

Really the situation is that we live in a two bedroom prior to the birth of our son. Me, my wife, my step son and my daughter were the only occupant in the 2 bedroom before our new born and according to the apartment management, we are restricted to 4 occupant in a 2 bedroom. Me and my wife decided that I should get a 1 bedroom so as to avoid the apartment management policy pending the time we build our credit and also that gives me enough space for study because I'm a full time student. Also she does day care in our other apartment. We were never separated nor divorced and we see each other on a daily basis and sleep together almost every day.

Right after the interview of I-751, they sent an officer who followed me from work to our new resident which leads to the NOID. Anyways to cut the long story short, I hired a Lawyer to help us deal with the situation and its been a month since we sent a response back and provided series of letter to support our new documents, one from my mum, my wife's grandma, a couple from our neighbor from both apartment acknowledging that they see us on a daily basis and that our marriage is bona-fide with alot of photos both normal and indecent photos.

I have always wanted to join the military for a couple reasons, I have a of student loans and military personnel told me that military would pay for the loan also I want to have a well defined military benefits for my family. Now my question is, can I join the military with a green extension and what effect would that have on my pending I-751? I'm currently eligible to file for citizenship anyways but my attorney suggests that I shouldn't join the Military with the I-751 pending and that joining the military could raise a flag. Can someone suggests an advice? I'm in my last semester in college and I have all this student loans waiting to mount there ISO on my bank account pretty soon.

Please advice on what to do please

[Starkilla09 366]

As a permanent resident ( yes you still are because your status has not been officially terminated despite the NOID), you're still free to join the military. However; if you're planning on securing expedited citizenship as virtue of it, it won't be easy until the NOID mess is sorted out as you can only naturalize in the military with an immigration status in check. The military isn't known to deal with immigration hurdles and complexities, but rather sail you through requiring you to first have your status on your merit. This would've been way easy if you'd joined the moment you just received your conditional green card prior to expiration. If your loans are gonna drown you and you firmly wanna do something about it with military benefits, you can go ahead and enlist as you still can. The citizenship part as I mentioned though will be the elephant in the room till NOID is overturned as you'll still be facing USCIS for the naturalization process.

[Malificent_Me 0]

#Starkilla09. Tthanks for your insight. Joining the military for me is not for securing an expedited citizenship really but I'm aware that it comes with the package but my main goal with joining the military (guard) to be precise is for the benefit that comes with it (Tuitor payback, medical, VA loans) and all that good stuff. I don't care how long it takes the USCIS to figure out whatever they have themselves involved in because I know for sure they cannot strip you off your right. Especially in my case with a Wife who would back me up till death since we are still married, loved each other, lived together and with two wonderful kids that makes us a happy family. Anyways I just wanna know if joining the military at this stage is a good idea or not.