Adjustment of Status

[Ontarkie 14,235]

~~Inappropriate post removed. Stick to answering the OP's question or do not post.~~

[Summer2018! 0]

Exactly! 

[Summer2018! 0]

To clarify he only has 2 year permanent resident green card that will expires at the end of this year.  No conditional yet. 

[EM_Vandaveer 2,408]

9 hours ago, Summer2018! said:

To clarify he only has 2 year permanent resident green card that will expires at the end of this year.  No conditional yet. 

That is the conditional...

[Going through 5,671]

On 2/23/2018 at 11:01 AM, Summer2018! said:

To clarify he only has 2 year permanent resident green card that will expires at the end of this year.  No conditional yet. 

Ok so he has the conditional green card----he can proceed with the removal of conditions on his own (get the 10-year green card) without your consent/involvement, with a divorce waiver, if he can prove the marriage was entered into with bonafide intent.  

 

You can file for divorce if you wish to be out of the marriage.

[Summer2018! 0]

The key word is to PROVE that the marriage is bonafide by him. 

[Going through 5,671]

6 minutes ago, Summer2018! said:

The key word is to PROVE that the marriage is bonafide by him. 

Yes.  And considering he was able to successfully adjust status to get the conditional card in the first place, shows that you two took a lot of time to put together proof that the marriage was entered into with bonafide intent years ago, yes?   He has that under his belt in his favor, so to speak.

 

He only has to prove the marriage was entered into with bonafide intent.  He doesn't need to prove anything beyond that when filing for the ROC with a divorce waiver---marriages break down all the time for various reasons.

 

There is not much you can do to have him deported, if that's what you are hoping.

Edited February 26, 2018 by Going through

[Boiler 45,575]

5 minutes ago, Summer2018! said:

The key word is to PROVE that the marriage is bonafide by him. 

Somewhat redundant now as getting a GC takes so long and there is plenty of evidence by the time one is issued.

[acidrain 325]

The immigration system is set up in a way where they demand a lot of proof of a bonified relationship. If you compiled a ton of evidence you can't turn around and say the information is now false. You don't get to pick and choose what parts are real depending on your relationship status.

 

Nigeria is a high fraud country and there is a real possibility this person used you for a green card. But you were willing to sponsor this person knowing where they came from. This isn't like Amazon where if you aren't satisfied you can just send them home. 

 

It may be a tough pill to swallow but take it as a lesson learned and move on.

Edited February 26, 2018 by acidrain

[Summer2018! 0]

Does anyone know what documents are needed to produce for adjustment of status?  I like to be prepared for this early on. And wondering what is expected in these interviews.  What questions will be asked and if they interview spouses individually. I try to discuss these things to my spouse and explained we have to take this thing serious. Gather financial documents etc and wants me to do everything filling out application gather documents stating on top of this I’m saying this is your life you need to be thinking ahead and get serious. He says I’m jumping to conclusions on what may be asked what rather the age difference will be questionable. A lot of financial documents we don’t share. Maybe a few and not many places we’ve gone except visit his family once and church together it’s a lot that might disqualify him in getting green card. 

[Going through 5,671]

36 minutes ago, Summer2018! said:

Does anyone know what documents are needed to produce for adjustment of status?  I like to be prepared for this early on. And wondering what is expected in these interviews.  What questions will be asked and if they interview spouses individually. I try to discuss these things to my spouse and explained we have to take this thing serious. Gather financial documents etc and wants me to do everything filling out application gather documents stating on top of this I’m saying this is your life you need to be thinking ahead and get serious. He says I’m jumping to conclusions on what may be asked what rather the age difference will be questionable. A lot of financial documents we don’t share. Maybe a few and not many places we’ve gone except visit his family once and church together it’s a lot that might disqualify him in getting green card. 

Somewhat confusing....your original post from a couple months ago stated that you found out "your marriage is not real"...people gave you insight on how your spouse can file for ROC with a divorce waiver.

 

Now it sounds like you two have reconciled?  And now you believe your marriage is real? 

 

Evidence would be things like joint tax returns, shared bank accounts, shared medical insurance, shared utility bills, that sort of thing.

 

 

[Summer2018! 0]

Reconciliation—not carved in stone yet.  

 

But thanks for the reply. 

[Going through 5,671]

34 minutes ago, Summer2018! said:

Reconciliation—not carved in stone yet.  

 

But thanks for the reply. 

Evidence of financial co-mingling is what USCIS is looking for most of all to prove a bonafide marriage.

Assuming the two of you filed taxes jointly (or married filing separately), that's a god piece of evidence right there.  Add in the other stuff I mentioned above and you may have more documentation than you originally realized.   

 

Some people get called for a ROC interview, some don't (I did not have an interview, just had the 10-year card arrive in the mail).  Depending on if they suspect something (ie. fraud) is whether a couple would be questioned separately.  

 

On an aside, he really needs to get more involved in his own immigration process....if only for the simple fact that it's HIS process, not yours.

[Summer2018! 0]

Is filling out the I-485 form required? I’ve not known anyone to receive a green card without an interview. That’s a first.  I’m just concerned if they will interview us because of a large age difference 28 abd 42 and the fact he’s from Nigeria. 

[Going through 5,671]

3 hours ago, Summer2018! said:

Is filling out the I-485 form required? I’ve not known anyone to receive a green card without an interview. That’s a first.  I’m just concerned if they will interview us because of a large age difference 28 abd 42 and the fact he’s from Nigeria. 

 You'd confirmed earlier in this thread that he has the conditional 2-year green card? 

The form he needs is the one to remove the conditions---the i-751.

 

Not everyone is called for an interview with the i-751

Edited April 19, 2018 by Going through