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Divalicious

Marriage breakup before 10 year visa applied for.

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Filed: Other Country: United Kingdom
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Hi guys! I'm just trying to weigh up my options right now but my marriage didn't work out as I planned and I'd like to split up with my husband. I'm not sure getting a divorce would be simple right now and I have no hurry for that so I'm happy just going our seperate ways and dealing with the divorce later on down the line. I have been in the US since January 2016 and I am due to renew my 2 year visa to a 10 year visa at the end of 2018 but I want to know how this affects my case? Will I be deported if we're not together?
 

I'm working, I have a stable job and can support myself, I just need some help on what to do when it comes to renewing my green card and if I will encounter any problems with staying in the US because my husband and I are no longer together. 

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Filed: Citizen (apr) Country: England
Timeline
22 minutes ago, Divalicious said:

Hi guys! I'm just trying to weigh up my options right now but my marriage didn't work out as I planned and I'd like to split up with my husband. I'm not sure getting a divorce would be simple right now and I have no hurry for that so I'm happy just going our seperate ways and dealing with the divorce later on down the line. I have been in the US since January 2016 and I am due to renew my 2 year visa to a 10 year visa at the end of 2018 but I want to know how this affects my case? Will I be deported if we're not together?
 

I'm working, I have a stable job and can support myself, I just need some help on what to do when it comes to renewing my green card and if I will encounter any problems with staying in the US because my husband and I are no longer together. 

 

You don't have a 2 year VISA. You had a fiancé visa that got you into the US to marry. The visa was over the day you entered.  You are a permanent resident with a greencard that will expire after two years.

 

If you decide to divorce, you can apply for the 10 year renewal on your own by documenting that you married in good faith and shared things as husband and wife while the marriage lasted. See the form I-751 and read the instructions. https://www.uscis.gov/i-751 The instructions explain starting on the first page with... "However, you may file Form I-751 without your spouse if: ...."

 

You will need a final divorce decree before your new card can be approved. 

Edited by Wuozopo
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Remember that you're not actually "renewing" your green card - you're applying to have the conditions removed on your conditional green card.

 

If your husband is still willing to make the application jointly with you, attend the interview and testify that you are still legally married (albeit separated) and your marriage was entered into in good faith, then you can legally file that way. 

 

If, on the other hand, you actually want to go your separate ways, then you will need to file for divorce, and file your removal of conditions with a divorce waiver. The onus will be on you to prove your marriage was legitimate.

 

Is your timeline updated?


Oath Ceremony Dec 14th, 2018 I am finally a citizen and done with USCIS for good!

 

 

IR-1/CR-1 Visa:                            

Marriage: 2013-08-05                                   I-130 Sent: 2013-10-07                                                 I-130 NOA1: 2013-10-09                               

I-130 transferred to VSC: 2014-03-12        I-130 NOA2: 2014-03-24                                              NVC Received: 2014-04-07 

Case Number and IIN: 2014-05-05             Sent ENROLL email for EP: 2014-05-06                    Gave email addresses to NVC: 2014-05-08             

DS261 submitted: 2014-05-09                    AOS invoiced and paid: 2014-05-12                           DS261 re-submitted - GRRRR! 2014-05-21               

ENROLL conf. email: 2014-06-05               Submitted AOS documents:2014-06-08                    IV fee email received: 2014-06-23 

IV fee available and paid: 2014-06-24       DS260  submitted: 2014-06-26                                   Case Complete: 2014-07-31                                       

Interview: 2014-09-19 APPROVED!!!          Visa in Hand: 2014-09-24 (Loomis depot)                POE (Pac Hwy Crossing, BC) 2014-11-08 

SSN Card arrived (approx) 2014-11-26     Green Card arrived (approx) 2014-12-17 

Removal of Conditions - I-751:

I-751 Mailed (USPS) Aug 10, 2016             NOA: August 17, 2016 (received Aug 23)                  Biometrics Letter Sent: Sept 23, 2016

Biometrics Letter Rec'd: Sept 30, 2016     Walk-In Biometrics Oct 6, 2016                                    Infopass for I-551 stamp Aug 17, 2017   

Service Request: Dec 27, 2017                   SR Response: Jan 10, 2018 (no prediction)              Senator Inquiry: Jan 5, 2018

Senator Resp: Jan 8, 2018 (60 days)         Service Request 2: Mar 8 2018                                   Senator Inquiry 2: Mar 9 2018

SR 2 Response: Mar 12 (security checks) Senator Response 2: Mar 13, 2018                            Approval (via phone!): Mar 14, 2018

New Green Card Arrived: Mar 22, 2018

Naturalization - N-400: 

Submitted N-400 Online: Feb 4, 2018       Denied for Payment Failure: Feb 8, 2018                     Resubmitted N-400 Online Feb 8, 2018

NOA: Feb 8, 2018                                          Biometrics: Feb 26, 2018                                                Interview: Nov 2,2018 (approved)

Oath: Dec 14, 2018

 

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*~*~*moved from "adjustment of status from family-based visas" to "effects of major changes" where similar questions are discussed*~*~*

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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On ‎8‎/‎6‎/‎2017 at 2:00 AM, nightingalejules said:

If your husband is still willing to make the application jointly with you, attend the interview and testify that you are still legally married (albeit separated) and your marriage was entered into in good faith, then you can legally file that way. 

 

If, on the other hand, you actually want to go your separate ways, then you will need to file for divorce, and file your removal of conditions with a divorce waiver. The onus will be on you to prove your marriage was legitimate.

Are you advising that OP go to the ROC interview with her husband, even though they are clearly getting divorced?

 

Isn't that fraud?

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Filed: Citizen (apr) Country: England
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7 minutes ago, Eric-Pris said:

Are you advising that OP go to the ROC interview with her husband, even though they are clearly getting divorced?

 

Isn't that fraud?

I don't think it is.  The comment said testify they are separated but enetered the marriage in good faith

Edited by Wuozopo
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5 minutes ago, Eric-Pris said:

Are you advising that OP go to the ROC interview with her husband, even though they are clearly getting divorced?

 

Isn't that fraud?

First, they are not getting divorced (at least yet). Second, it's not fraud to do ROC jointly even if you are no longer actively participating in the marriage. It's arguable how good of an idea it is since showing a bona fide marriage may be difficult...but it has been done and is permitted. You would still need to make the situation clear as to not misrepresent that you are still together.

 

Once divorce is filed, then the OP has to switch to a single filer waiver...and failing to do so would be misrepresentation.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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12 hours ago, Eric-Pris said:

Are you advising that OP go to the ROC interview with her husband, even though they are clearly getting divorced?

 

Isn't that fraud?

No. If they're still legally married, even if they're separated, as far as USCIS is concerned, they're still married, and can apply jointly if they are both willing to do so. OP actually stated that they didn't want to get legally divorced at this time (for whatever reason, not my business) and so they are married. 

If they decide to divorce, then of course OP would have to file as a divorce waiver, and would require the final divorce decree before they could be approved.

 

Is your timeline updated?


Oath Ceremony Dec 14th, 2018 I am finally a citizen and done with USCIS for good!

 

 

IR-1/CR-1 Visa:                            

Marriage: 2013-08-05                                   I-130 Sent: 2013-10-07                                                 I-130 NOA1: 2013-10-09                               

I-130 transferred to VSC: 2014-03-12        I-130 NOA2: 2014-03-24                                              NVC Received: 2014-04-07 

Case Number and IIN: 2014-05-05             Sent ENROLL email for EP: 2014-05-06                    Gave email addresses to NVC: 2014-05-08             

DS261 submitted: 2014-05-09                    AOS invoiced and paid: 2014-05-12                           DS261 re-submitted - GRRRR! 2014-05-21               

ENROLL conf. email: 2014-06-05               Submitted AOS documents:2014-06-08                    IV fee email received: 2014-06-23 

IV fee available and paid: 2014-06-24       DS260  submitted: 2014-06-26                                   Case Complete: 2014-07-31                                       

Interview: 2014-09-19 APPROVED!!!          Visa in Hand: 2014-09-24 (Loomis depot)                POE (Pac Hwy Crossing, BC) 2014-11-08 

SSN Card arrived (approx) 2014-11-26     Green Card arrived (approx) 2014-12-17 

Removal of Conditions - I-751:

I-751 Mailed (USPS) Aug 10, 2016             NOA: August 17, 2016 (received Aug 23)                  Biometrics Letter Sent: Sept 23, 2016

Biometrics Letter Rec'd: Sept 30, 2016     Walk-In Biometrics Oct 6, 2016                                    Infopass for I-551 stamp Aug 17, 2017   

Service Request: Dec 27, 2017                   SR Response: Jan 10, 2018 (no prediction)              Senator Inquiry: Jan 5, 2018

Senator Resp: Jan 8, 2018 (60 days)         Service Request 2: Mar 8 2018                                   Senator Inquiry 2: Mar 9 2018

SR 2 Response: Mar 12 (security checks) Senator Response 2: Mar 13, 2018                            Approval (via phone!): Mar 14, 2018

New Green Card Arrived: Mar 22, 2018

Naturalization - N-400: 

Submitted N-400 Online: Feb 4, 2018       Denied for Payment Failure: Feb 8, 2018                     Resubmitted N-400 Online Feb 8, 2018

NOA: Feb 8, 2018                                          Biometrics: Feb 26, 2018                                                Interview: Nov 2,2018 (approved)

Oath: Dec 14, 2018

 

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