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capriwithlove

Husband wants divorce after a month of green card

By capriwithlove in Effects of Major Family Changes on Immigration Benefits

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capriwithlove Explorer

capriwithlove   4

Posted
Filed: AOS (apr) Country: Canada
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Posted

I am the beneficiary and my husband has asked for a divorce after a month...he in fact kicked me out via TXT (yes, I know).

I am concerned I will not be able to keep my conditional green card now, let alone have my green card renewed in two years time.

We have several shared accounts and I have been a beneficiary on his retirement accounts and that...does anyone have a sense of how likely it is I can keep my card? It is clearly a no fault relationship - he simply thinks I haven’t been investing enough in the relationship.

 

thanks.

NikLR Grand Master

NikLR   13,230

Posted
Filed: Lift. Cond. (apr) Country: Canada
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Posted

~~moved to effects of major family changes from AOS family based~~

 

Gather evidence of anything joint, photos, mail, etc before moving out.  When you file for ROC you will have that evidence that you entered the marriage in good faith.  Nothing he does at this point can take away your green card.  

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Ebunoluwa Veteran

Ebunoluwa   6,136

Posted
Filed: AOS (apr) Country: Cyprus
 Timeline
Posted

Check out the ROC guide for the list of acceptable evidence and see what you can find to prove a good faith marriage and you will be fine.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

capriwithlove Explorer

capriwithlove   4

Posted
Filed: AOS (apr) Country: Canada
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Posted

Further questions - if we don't file for divorce immediately is that bad in USCIS's eyes? Or can we wait and let the tension settle for a few months?

Do I have to notify USCIS about my address change immediately? Will they question what's going on?

NikLR Grand Master

NikLR   13,230

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted
1 hour ago, capriwithlove said:

Further questions - if we don't file for divorce immediately is that bad in USCIS's eyes? Or can we wait and let the tension settle for a few months?

Do I have to notify USCIS about my address change immediately? Will they question what's going on?

You would be required to let them know of an address change within 10 days.  But no you don't need to divorce right away. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Mollie09 Proficient

Mollie09   1,543

Posted
Filed: Citizen (apr) Country: Brazil
 Timeline
Posted
15 hours ago, capriwithlove said:

Further questions - if we don't file for divorce immediately is that bad in USCIS's eyes? Or can we wait and let the tension settle for a few months?

Do I have to notify USCIS about my address change immediately? Will they question what's going on?

You can file for ROC any time between when your divorce is final and when your current green card expires. No rush.

BigDaddy28 Proficient

BigDaddy28   228

Posted
Filed: Citizen (apr) Country: Tunisia
 Timeline
Posted
23 hours ago, capriwithlove said:

I am the beneficiary and my husband has asked for a divorce after a month...he in fact kicked me out via TXT (yes, I know).

I am concerned I will not be able to keep my conditional green card now, let alone have my green card renewed in two years time.

We have several shared accounts and I have been a beneficiary on his retirement accounts and that...does anyone have a sense of how likely it is I can keep my card? It is clearly a no fault relationship - he simply thinks I haven’t been investing enough in the relationship.

 

thanks.

I'm against a divorce, but I'm in no place to tell you what to do. Have you tried working with your husband? Maybe therapy? If the relationship won't be fixed, I would move on and file ROC. Use the shared accounts, anything that had both of your names on it. If he is cool with you, ask him to write you a letter that the marriage was bonafide marriage, it just didn't work out between you. 

You can move out but not divorce  and try to work out things between you, but you have to remember in the future when you apply for citizenship to count 3 years of LIVING WITH the same US citizen. 

Good luck.

BigDaddy28 Proficient

BigDaddy28   228

Posted
Filed: Citizen (apr) Country: Tunisia
 Timeline
Posted
23 hours ago, NikLR said:

@BigDaddy28 or they could get citizenship at 5 years.  Or never.  Not all of us want to be US citizens. Lol

lol Yes I do realize that not everybody want to be a US citizen, but I just thought about mentioning that because I seen something like this happened to someone else. She actually filed based on 3 year rule and she was denied, I just want to save the OP some headache later lol. 

mindthegap Experienced

mindthegap   2,590

Posted
Filed: Lift. Cond. (pnd) Country: United Kingdom
 Timeline
Posted (edited)
On 10/25/2017 at 1:26 PM, Mollie09 said:

You can file for ROC any time between when your divorce is final and when your current green card expires. No rush.

You can file for ROC with a waiver at any time between issuance of your 2yr PR card and a final order of removal from the US from an immigration judge.

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

  • 5 weeks later...
capriwithlove Explorer

capriwithlove   4

Posted
Filed: AOS (apr) Country: Canada
 Timeline
  • Author
Posted

Hi there -- 

If a married couple legally separates is it better than divorce in legal eyes? I have my conditional green card... are the two interchangeable in this place, or should we go with being legally separated? We've chosen to take a long break from one another and live in different places - will it seem wrongful or fraudulent to wait to be divorced? Thanks.

Boiler Grand Master

Boiler   45,761

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

It is different not better or worse

“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.”

Ontarkie Grand Master

Ontarkie   14,321

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

~~Related thread merged. Please keep all related question to this one thread. ~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

 
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