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Posted

It's spilled milk now, but this is one reason I highly suggest never to stay together for ROC (or any immigration) purposes. People can just change their minds and make more huge hassle for you

Unfortunately, there is one significant issue working against you now...you both said you didn't live separately but you actually did. That's a misrepresentation and they can hold that as evidence against you (even if you refile). Never, ever lie to anybody in immigration. It's by no means a done deal, but they will probably look at the case with suspicion IMO.

 

21 minutes ago, mindthegap said:

What exactly did your wife say/do, and what exactly were you told by the interviewing officer?

Exactly...this matters. But most of all, what did the OP say? Her lying can be an issue in a joint petition, but if he also said it (as it sounded like from the original post) then that's another ballgame.

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

 

Filed: Country: Ghana
Timeline
Posted
9 hours ago, mindthegap said:

It doesn't matter if you have evidence of bona-fide-ness to the required standard if it is a joint petition and the USC withdraws themselves from it (as you appear to be saying she did) - it will be denied if you haven't switched to a solo (divorce/abuse) waiver. A joint petition cannot be approved if they have withdrawn themselves from it.

 

If it is denied a motion to reopen would really be a waste of time & money, so you will have to refile - with a waiver this time. A letter would help at this point yes.

 

 

What exactly did your wife say/do, and what exactly were you told by the interviewing officer?

 

Thank you for the explanation. She withdraw her statement and said the marriage was stable when he was asked to explain why i took my fingerprint in another state because we lied that we have never been separated. She was trying to protect me but it didn't go well

  • 3 weeks later...
Posted
On 2/28/2018 at 8:22 PM, delawasty said:

Thank you for the explanation. She withdraw her statement and said the marriage was stable when he was asked to explain why i took my fingerprint in another state because we lied that we have never been separated. She was trying to protect me but it didn't go well

How long was the interview. Were you separated during the interview?

Filed: Citizen (apr) Country: Haiti
Timeline
Posted
On 2/26/2018 at 10:26 PM, jyaku said:

As a male, I don't think you're eligible for VAWA at all since she's the female.

Totally not true- either gender can be a victim of abuse and it is such a misconception that this doesn’t happen/labeled that way.

Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

Filed: Citizen (apr) Country: Haiti
Timeline
Posted
On 2/26/2018 at 10:48 AM, delawasty said:

hello everyone, i went for my I-751 interview with my wife and she withdraw her petition and made a statement that the marriage wasn't stable. This happened because we have been  there has been an abuse going on in the marriage so i have to leave and stay in another state. Instead of getting a divorce she promised to help me get the ROC after that we can get a divorce so we both stayed married and filed everything jointly. I took one of my finger prints in the states that i am because i was told i can take the finger print at any uscis center, when we went to the interview they ask us if we have lived separately we both said no but when she was ask to explain why i got my finger print in another state she couldn't give any explanation but to withdraw her statement. My question is can i file for "VAWA" for an abuse while i wait for uscis letter because we haven't received any letter from uscis yet . Has any one been through this and what can they say in the letter. I need help

I’d be concerned that perhaps you lied- stating you didn’t live apart- but it appears by what you wrote you were living apart in different states

Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

Posted
1 minute ago, Luckycuds said:

Totally not true- either gender can be a victim of abuse and it is such a misconception that this doesn’t happen/labeled that way.

Yeah, putting "women" in the name of the act was a big mistake if the goal was to make it clear. I'm pretty sure the goal with the name was political to target women, even if that's not what the law actually says.

Either way, as stated earlier, VAWA doesn't apply here anyway. ROC (correctly) just labels the joint filing waiver as "abuse".

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

 

Posted
22 hours ago, delawasty said:

about 45 min and we interviewed separately by the same officer

On a scale of one to ten ( one being very easy and 10 being very tough), how do you rate the questions asked by the interviewer

 

how well did you guys perform in the interview ?

 

was your wife threatened for withdrawal of potition or did she withdraw out of her wish

 

were  you told that you will have to face stroke interview etc or any other thretning

 

 
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