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Kristal

I-751 divorce waiver Denied

By Kristal in Removing Conditions on Residency General Discussion

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Kristal Enthusiast

Kristal   0

Posted
Filed: Citizen (apr) Timeline
Posted

I have a close friend whose divorce waiver was denied because she didn't have enough evidence to support her application. Her husband left her and filed for divorce prior to removal of conditions. She has no evidence to support her marriage because he married her and left her almost immediately. What is her next step? And how long does is take to get a court date?

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teeak Proficient

teeak   224

Posted
Filed: FB-2 Visa Country: Bangladesh
 Timeline
Posted

If he left her almost immediately, how did she make it through AOS?

Maybe the friend entered the US on a CR1 visa and not K1.

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

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Merrytooth Mentor

Merrytooth   5,748

Posted
Filed: Lift. Cond. (apr) Country: Singapore
 Timeline
Posted (edited)

Is it possible that she refiles ROC with more evidence?

Her husband left her before she entered US or after she entered US?

Edited by Merrytooth

Done with K1, AOS and ROC

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Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

If she can't provide evidence, there's nothing she can do.

I agree. If she doesn't have evidence because there is none to provide, then unfortunately her petition was rightfully denied.

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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Unlockable Mentor

Unlockable   7,314

Posted
Filed: Citizen (pnd) Country: Dominican Republic
 Timeline
Posted

Curious. Were there any red flags?

You say the USC filed for divorce immediately after her arrival. Did he suspect fraud? May he have tipped off USCIS?

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Anitafeliz Experienced

Anitafeliz   1,133

Posted
Filed: K-1 Visa Country: Dominican Republic
 Timeline
Posted

That's bad. Can you say why he divorced her right away. Is it possible he may help her gathering evidence??

:girlwerewolf2xn: Ana (L) Felix :wub:

K1 March Filer 2016

Interview Approved August 19, 2016

POE September 25, 2016

AOS November Filer 2016

DISCLAIMER: Please excuse my ABC & Gramm@r I am not an editor...

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Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

I don't think there's any evidence to gather. OP, did the denial come after an RFE and an interview? I've never heard a denial as the only response to an application.

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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chicha Explorer

chicha   9

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

I have a close friend whose divorce waiver was denied because she didn't have enough evidence to support her application. Her husband left her and filed for divorce prior to removal of conditions. She has no evidence to support her marriage because he married her and left her almost immediately. What is her next step? And how long does is take to get a court date?

I believe at least there should be *some* evidence supporting "entering the marriage in good faith" and "continued to share a life together", whatever the length of marriage is, as long as they did entered in good faith and did share life together.

I'm not sure though to fight the decision, whether she can re-file (say after some digging more evidence came out), or she should wait for the court date.

------------------------------------------------------------

2003-08-21: first visit to US on F-1

2009-09-17: first met ex-spouse

2013-05-14: re-entered US on K-1

2013-05-20: married to ex-spouse

2013-12-27: received conditional green card

2014-04-01: separated from ex-spouse

2014-10-01: divorced from ex-spouse

2015-06-25: sent I-751

2016-04-11: received RFE

2016-06-08: sent RFE reply

2016-09-20: new card ordered

2016-09-23: new card mailed

2016-09-28: new card picked up by USPS

2016-09-30: new card delivered

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EM_Vandaveer Experienced

EM_Vandaveer   2,387

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

I believe at least there should be *some* evidence supporting "entering the marriage in good faith" and "continued to share a life together", whatever the length of marriage is, as long as they did entered in good faith and did share life together.

I'm not sure though to fight the decision, whether she can re-file (say after some digging more evidence came out), or she should wait for the court date.

She can re-file, but with no evidence there is not much point in doing so.

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!

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Jamnan_n_Steve Explorer

Jamnan_n_Steve   17

Posted
Filed: Citizen (apr) Country: Thailand
 Timeline
Posted

Did you file income taxes jointly? If so you entitled to obtain copies using your Social Security or ITN number.

For most people filing jointly with a non-working spouse results on a larger refund, so even if you are not aware of filing he may have filed electronically which does not need an actual signature.

A joint return would also reveal any possible joint accounts.

Steve

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Boiler Grand Master

Boiler   44,825

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Time to go home?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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