Separating After I-751 submittal and Biometric testing

[EricInPS 6]

I have read through virtually every thread on this site concerning the I-751 submittal process and I have yet to see this specific topic addressed. As I am not well versed on all the nomenclature, please be patient with me.

 

BACKGROUND:

 

I have a lady friend that emigrated from China to the US in February 2014 to marry an American Citizen. They were married in August of 2014. The marriage was entered in to by both parties with the assumption that the marriage was bona-fide, based on love (or something close to it), genuine, and forever.

 

Within the first two years of marriage, however, it became evident to the lady that she was more of a pet than an actual wife. She was prohibited from communicating with friends, and was prohibited from leaving the house without her husband as an escort. She was routinely insulted for not knowing correct English, and, in general, made to feel inferior to her husband. The words she uses to describe this time period include "Scared", "Afraid", and "Rape".

 

Approximately one year ago she made the decision that once the ROC had been completed, and she had received her permanent resident green card, she was going to quietly separate from her husband.

In February, 2017, they jointly filed Form I-751, attended the requisite interview, presented compelling evidence of cohabitation and marital bliss, and she was sent to Biometric testing.

 

Recent events suggest that, while not yet in physical danger, she is being subjected to psychological abuse at the hands of her husband, and yet she is terrified to leave him before receiving her Permanent Residency. 

 

QUESTION:

 

Is there any requirement that she inform USCIS if she decides to separate from her husband before receiving her Permanent Green Card? It seems to me that she has satisfied the marital requirements during the past three years, has been interviewed and fingerprinted, and not been called back for a second interview. Is it safe to assume that her ROC request is in the process of being granted? And, if so, would separating at this point pose any danger of her losing her permanent resident status?

 

Thank you for your time. I can't find these answers anywhere...and any advice would be appreciated.

 

 

[Hypnos 6,576]

43 minutes ago, EricInPS said:

Is it safe to assume that her ROC request is in the process of being granted?

No. It's never safe to assume anything when it comes to USCIS. When she receives an approval notice then she'll know the I-751 has been approved, but not before then.

 

It's very possible she could be called for an I-751 interview, and since it was jointly filed with her husband then he would have to attend in order for the I-751 to be approved.

 

She is permitted to change to a waiver filing whenever she wishes, as long as she believes she's eligible for a waiver of the joint filing conditions. Provided she can demonstrate proof that she entered the marriage in good faith then she would probably be able to apply for the waiver.

 

It seems to be a bit of a grey area when it comes to providing notice to USCIS of a change in your filing status for an I-751. It's possible they will just approve the application without an interview, in which case she just receives her ten year unconditional green card in the mail. It's also possible, as I said above, that they will call both parties to an interview, and it sounds as if this would be a problem.

 

If she left her husband, at that point I'd probably be inclined to do nothing. If the I-751 gets approved without an interview, problem solved. If she winds up being called to an interview, she could then request to change to a waiver filing at the interview, and so her husband not attending wouldn't result in an automatic denial.

 

She might want to consult with an experienced immigration lawyer to confirm this is correct. As I said, this is a slightly grey area.

[EricInPS 6]

28 minutes ago, Hypnos said:

It's also possible, as I said above, that they will call both parties to an interview, and it sounds as if this would be a problem.

 

Actually, it would not be any problem. The husband has no intention of allowing his wife to leave him, so he will jump through whatever hoops the USCIC puts in front of him in order for his wife to remain here. At this stage he is completely unaware of her intentions. 

[Hypnos 6,576]

Well that's then skirting on an issue itself by remaining in the marriage solely to receive immigration benefits.

 

If, down the line, for example, she applied for US citizenship, and her interviewing officer notices that she separated and divorced very soon after receiving her unconditional green card, that might call into question the legitimacy of her marriage (and the green card that resulted from it) as part of that process.

[DeenieRN 16]

I myself have found that this situation can be daunting. I chose to leave my ex-husband before filing for ROC, although he destroyed most of my evidence for marriage out of spite, I am hopeful that if I get called for an interview I can plead my case, either way, I refuse to be treated so poorly and told I am stupid every day of my life. I suggest you get your friend to an experienced lawyer who can give some guidance and advise a divorcee waiver or whatever is the safest step. Always consider that in abusive relationships things can get dangerous very quickly, safety is always the first priority. 

[Villanelle 4,122]

4 hours ago, EricInPS said:

I have read through virtually every thread on this site concerning the I-751 submittal process and I have yet to see this specific topic addressed. As I am not well versed on all the nomenclature, please be patient with me.

 

BACKGROUND:

 

I have a lady friend that emigrated from China to the US in February 2014 to marry an American Citizen. They were married in August of 2014. The marriage was entered in to by both parties with the assumption that the marriage was bona-fide, based on love (or something close to it), genuine, and forever.

 

Within the first two years of marriage, however, it became evident to the lady that she was more of a pet than an actual wife. She was prohibited from communicating with friends, and was prohibited from leaving the house without her husband as an escort. She was routinely insulted for not knowing correct English, and, in general, made to feel inferior to her husband. The words she uses to describe this time period include "Scared", "Afraid", and "Rape".

 

Approximately one year ago she made the decision that once the ROC had been completed, and she had received her permanent resident green card, she was going to quietly separate from her husband.

In February, 2017, they jointly filed Form I-751, attended the requisite interview, presented compelling evidence of cohabitation and marital bliss, and she was sent to Biometric testing.

 

Recent events suggest that, while not yet in physical danger, she is being subjected to psychological abuse at the hands of her husband, and yet she is terrified to leave him before receiving her Permanent Residency. 

 

QUESTION:

 

Is there any requirement that she inform USCIS if she decides to separate from her husband before receiving her Permanent Green Card? It seems to me that she has satisfied the marital requirements during the past three years, has been interviewed and fingerprinted, and not been called back for a second interview. Is it safe to assume that her ROC request is in the process of being granted? And, if so, would separating at this point pose any danger of her losing her permanent resident status?

 

Thank you for your time. I can't find these answers anywhere...and any advice would be appreciated.

 

 

Since you are not versed on the topic and you are posting for another individual I believe some important pieces of info are being lost here.

 

Heres how the timeline for removing conditions goes: Fill out petition and mail it in with evidence. With in a very short time (1-2 weeks) you get a receipt from USCIS called a NOA (notice of action). It states they got your petition and gives you a one year extension on your greencard. Shortly after that (anywhere from 2 weeks after you file to 3 months after you file) you get a biometrics notice. You take that notice with you and get your biometrics done. Then you wait. You either eventually get an interview notice or the approval notice (with no interview) and the new green card in the mail. The process can take 1 year or more. Sometimes it goes quickly though. 

 

According to what you wrote she had an interview. Was this an interview for ROC or one way back when she got her greencard? Its surprising but not unheard of for someone who filed Feb 17 to have already had an interview. IF she did have a ROC interview then when was it? Typically you are approved the same day as the interview and the greencard mailed out with in days. Some times they dont approve you on the spot in the interview and the approval will come with in the next week or so. If they had an interview and no result-- then there is a problem.

 

It may be possible that the new greencard was approved and the abusive husband took it from the mail and never gave it to her. If she has the NOA it contains a number where you can check the case status online. (plenty of forum posts about how to do that). 

 

If the online status says card was mailed then he has the greencard and she can ask him for it (through divorce papers or police assistance) however if he claims to not have it then theres nothing they can do about it. She will have to pay the 500$ or so to get a new card. 

 

Regardless she is in an abusive situation and needs to remove herself from it immediately.  She can go to a shelter or stay with friends. Therapy would also be good for her. But she needs to get away from the husband immediately. If her ROC wasnt approved yet she can still be approved with a divorce waiver. The most important thing is to get out of the abusive situation.

 

I hope you post back with the missing details. 

 

 

[shark101au 24]

This situation seems very iffy. On the face of it, it seems that she is only concerned with immigration benefits and becoming a Permanent Resident. So much so that she is willing to apparently be in an abusive relationship until she can get her status. It would seem as part of the enticement to get married was receiving permanent resident/citizenship.

[shark101au 24]

3 hours ago, EricInPS said:

Actually, it would not be any problem. The husband has no intention of allowing his wife to leave him, so he will jump through whatever hoops the USCIC puts in front of him in order for his wife to remain here. At this stage he is completely unaware of her intentions. 

Well that would be immigration fraud. 

[EricInPS 6]

3 hours ago, Damara said:

Since you are not versed on the topic and you are posting for another individual I believe some important pieces of info are being lost here.

 

Heres how the timeline for removing conditions goes: Fill out petition and mail it in with evidence. With in a very short time (1-2 weeks) you get a receipt from USCIS called a NOA (notice of action). It states they got your petition and gives you a one year extension on your greencard. Shortly after that (anywhere from 2 weeks after you file to 3 months after you file) you get a biometrics notice. You take that notice with you and get your biometrics done. Then you wait. You either eventually get an interview notice or the approval notice (with no interview) and the new green card in the mail. The process can take 1 year or more. Sometimes it goes quickly though. 

 

According to what you wrote she had an interview. Was this an interview for ROC or one way back when she got her greencard? Its surprising but not unheard of for someone who filed Feb 17 to have already had an interview. IF she did have a ROC interview then when was it? Typically you are approved the same day as the interview and the greencard mailed out with in days. Some times they dont approve you on the spot in the interview and the approval will come with in the next week or so. If they had an interview and no result-- then there is a problem.

 

It may be possible that the new greencard was approved and the abusive husband took it from the mail and never gave it to her. If she has the NOA it contains a number where you can check the case status online. (plenty of forum posts about how to do that). 

 

If the online status says card was mailed then he has the greencard and she can ask him for it (through divorce papers or police assistance) however if he claims to not have it then theres nothing they can do about it. She will have to pay the 500$ or so to get a new card. 

 

Regardless she is in an abusive situation and needs to remove herself from it immediately.  She can go to a shelter or stay with friends. Therapy would also be good for her. But she needs to get away from the husband immediately. If her ROC wasnt approved yet she can still be approved with a divorce waiver. The most important thing is to get out of the abusive situation.

 

I hope you post back with the missing details. 

 

 

Okay, some clarification. I have spent the last hour asking these specific questions of her.  The interview I mentioned was for her initial green card. Prior to the expiration of that card, she, along with her husband, submitted Form I-751 along with the supporting documentation. Shortly after, she received Form I-797, Notice of Action, stating that her green card had been extended for one year while her I-751 application was being processed. This was in February 2017. She has not received any more correspondence, and she checks her status online daily, and so far she has not been approved. 

I spoke with an immigration attorney today who informed me that USCIC is just now processing applications for June, 2016. So, it's feasible that she won't be notified for another nine months. The attorney was adamant about her leaving the marriage as soon as possible. I am adamant about it as well. The problem is that I don't think she fully comprehends the situation she finds herself in. She is of the mind that if she just endures the abuse until "the letter comes", she will "be free". The quotes are directly from her.

I have explained that it is possible to amend the ROC application without involving her husband. I get the sense that the very idea of doing that on her own simply overwhelms her senses.

I have been prodding her to put in writing all of the reasons that she has verbalized to me about why she no longer wants to remain with her husband. Again, the very idea of putting these thoughts on paper seems to completely freak her out. I have explained that this would be an insurance policy should someone question the timing of her separation in the future. After weeks of prodding she has finally agreed, with my help, to write things down. I fear, however, that she lacks the self esteem to actually leave the marriage. She strikes me as a woman who is used to men making decisions for her, and does not understand that her very life is now in her hands, and it is up to her to decide her own fate.

Another responder itt suggested that by remaining in the marriage until she receives permanent residency amounts to immigration fraud. While I understand that line of reasoning, I know that fraud is the furthest thing from her mind at this point. Although she is an adult woman, she strikes me as that of a frightened little girl. She abandoned everything that she had known for 45 years on the promise of a life in America built on sand. I think it is nearly impossible for her to process the fact that she made such an obvious, tragic, mistake.

 

[abum 324]

6 hours ago, shark101au said:

This situation seems very iffy. On the face of it, it seems that she is only concerned with immigration benefits and becoming a Permanent Resident. So much so that she is willing to apparently be in an abusive relationship until she can get her status. It would seem as part of the enticement to get married was receiving permanent resident/citizenship.

people undergoing emotional abuse might only think of a way to survive in a scope that he/she thinks is best - maybe , just maybe , the husband has been instilling the belief in the spouse that "you are here due to your marriage to me, and if you go away, you will be deported and you do not have a life in your own country" something along that line - so she might also start to believe she has to be here but waiting for the right opportunity to get away from the abusive relationship.

Well i do hope she documents the abuse to make her case stronger. 

 

https://www.uscis.gov/humanitarian/battered-spouse-children-parents (maybe not relevant to her as she already has conditional GC).

[Longingfor 195]

I have seen on thid forum that persons are quick to comment immigration fraud at virtually every situation. Some of you are too judgemental. This lady was promised a life away from what she knows. She gave up her whole being and decided to become a wife. Not an easy feat for a lot of persons who are use to their own way of doing things. I am sure many promises were made and as soon as she arrived many promises broken and rules and regulations instilled. Not all are as lucky as some of you and you all need to think beyond fraud. 

I know of someone who went on vacay and met a man and he decided that she needs to remain in the usa and he will marry her. They hit married and he also petitioned for her kids. Long story short as soon as papers were in and she was no longer able to leave the us and became depended on his doing her AOS he began to abuse her. She was given an allowance and could only leave for a limited period of time. He had cameras in the house watching her. She has since left after enduring the abuse for the sake of her kids. People make decisions for the sake of whatever and that is not fraud.

For me though i have told my husband that if it doesnt wotk then to stop the process wherever it is at. I don't need to live in usa i have a perfectly great life with a fantatsic job a fabulous house and motor car and other properties and investment and have been visiting usa for over 20 years as well s other countries. Not all are in a position to say what i have said to their spouse. And not all spouses are showing their true colour.

 

Lets not be too quick to judge persons here. This is site is for support and advice not for be judgemental as some are quick to do.

 

OP I suggest you take your friend to a lawyer who will lay out to her what her current situation is and probably open her eyes tp reality because it is clear that she is living in her own version of reality and that is a defensive or coping mechanism for me. She needs a real jolt to wake her up.

[NikLR 13,227]

Immigration fraud is a real thinh whether you intend it, were promised the world and duped, or what have you.  Telling someone this because they may inadvertently be committing a crime is being a good person, not a jerk. 

[Eric-Pris 1,606]

19 minutes ago, NikLR said:

Immigration fraud is a real thinh whether you intend it, were promised the world and duped, or what have you.  Telling someone this because they may inadvertently be committing a crime is being a good person, not a jerk. 

Exactly.  If a person wants to divorce, but intends to stay married to the USC just until the GC comes, and then plans to leave.  That's fraud.  The fact that she's willing to endure abuse while waiting for the GC makes it an even clearer case of immigration fraud.  Whether or not the intent wasn't there from the beginning, it's there now.

[geowrian 22,337]

2 hours ago, Longingfor said:

I have seen on thid forum that persons are quick to comment immigration fraud at virtually every situation. Some of you are too judgemental. This lady was promised a life away from what she knows. She gave up her whole being and decided to become a wife. Not an easy feat for a lot of persons who are use to their own way of doing things. I am sure many promises were made and as soon as she arrived many promises broken and rules and regulations instilled. Not all are as lucky as some of you and you all need to think beyond fraud. 

It's not a matter of being judgemental. Nobody's saying she's a bad person or something like that for enduring abuse. As others noted, she probably doesn't know her options or what to do next. But if she plans to remain in the marriage for the purpose of obtaining an immigration benefit, then that is fraud. What she went through and what she gave up doesn't change that. VJ's TOS does not permit anybody here to condone or instruct somebody how to commit fraud. The best thing for her is to realize that trying to continue with that plan is not to her benefit and may just be digging a deeper hole.

 

She needs to 1) get somewhere where she will be safe, 2) file for divorce, and 3) update her case to include a single filer waiver. She has a legal path available to her, and personally I think it's a safer option than continuing with the status quo and hoping things just work out.

 

Quote

I know of someone who went on vacay and met a man and he decided that she needs to remain in the usa and he will marry her. They hit married and he also petitioned for her kids. Long story short as soon as papers were in and she was no longer able to leave the us and became depended on his doing her AOS he began to abuse her. She was given an allowance and could only leave for a limited period of time. He had cameras in the house watching her. She has since left after enduring the abuse for the sake of her kids. People make decisions for the sake of whatever and that is not fraud.

VAWA covers this circumstance...no need to stay in a marriage for the purpose of obtaining immigration benefits. It's awful that some people take advantage of others like that and abuse any power / perceived power over others.

 

Some people make decisions to marry to get a green so they can work in the US and support their family overseas. I don't judge them for wanting the best for their children and other relatives, but it's still fraud and prohibited. Others do so for a (presumed) better life for their kids within the US. Why somebody does it doesn't change what it is.

[Longingfor 195]

21 minutes ago, NikLR said:

Immigration fraud is a real thinh whether you intend it, were promised the world and duped, or what have you.  Telling someone this because they may inadvertently be committing a crime is being a good person, not a jerk. 

My issue it that too many persons are quick to say immigration fraud and not offer a suggestion. I see this site as a place where advice is offered and persons are steered in the right direction. No good can come from saying fraud and then not offer the proper solution that is the problem i have with persons who offer nttn but quick to judge. It is like being in school and you answer a question and the teacher says you are wrong but offer not suggestion what is the point. No learning has taken place. We are here to teach and steer in the right not condemn.