Marriage based AOS interview

[Going through 5,671]

16 hours ago, azblk said:

She asked what happened and why you got divorce.  I said that it didn't work out, we had conflicts and she wanted divorce. IO then asked me about how long did you lived together. We lived together for 5-6 months and then i had to moved to different state as got the job there. It was mutual decision and my ex wife was with me in that decision. IO replied that you only leave for 5 months which is not a marriage. IO started getting into dip on the topic. I explained OI that we were dating for over two years and when i moved to different state, i didn't had choice as it was for my job. IO replied that looks like it's fraud and i have to review your previous evidence. IO asked me that did you had interview when you applied for GC conditional waiver. I replied no and OI replied right away that where they screwed up at that time. IO said that you should be received interview and looks like your application should be canceled at that time. IO said that she will not make AOS decision today as she need to request my previous file and need to review it.

There are two issues I can see here based on what you wrote above:

 

1) You never completed the ROC from your first marriage....why not?  If you never did the first ROC, then yes, the IO is right in that the GC status was basically abandoned which is why she needs to review your previous filing with the first wife and find out what happened there.

2) When you moved out from the marital home 5 months after getting married, did you live with your first wife again at any time before filing for divorce?  If you never did, and the two of you just divorced right after you moved out, yes it does look fishy in their eyes.

Edited March 17, 2018 by Going through

[Illiria 980]

4 hours ago, Going through said:

There are two issues I can see here based on what you wrote above:

 

1) You never completed the ROC from your first marriage....why not?  If you never did the first ROC, then yes, the IO is right in that the GC status was basically abandoned which is why she needs to review your previous filing with the first wife and find out what happened there.

I didn’t take what he wrote as this, it seemed like for ROC he just didn’t get an interview, I didn’t and several in my month who were divorced didn’t either. Seems like the IO thought all divorcees should get a ROC interview and is questioning why he didn’t not that the ROC was incomplete. 

[CheeseMonstah 87]

The question is, when filing for ROC, did he file for a waiver for having been divorced from a bona fide marriage? Or did he just say he's filing based on the 2 year rule?

 

 

[WeGuyGal 1,052]

The last few posters concentrating on ROC.. take a moment to go thru OPs previous posts circa 2011. He comes across as quite concerned around the AOS/ROC process, including several back to back to back posts about minor status changes; and over the moon once the green card was on the way. The divorce followed soon after. It may very well all be nothing being a bonafide marriage, or something was fishy back then. 

[CheeseMonstah 87]

38 minutes ago, WeGuyGal said:

The last few posters concentrating on ROC.. take a moment to go thru OPs previous posts circa 2011. He comes across as quite concerned around the AOS/ROC process, including several back to back to back posts about minor status changes; and over the moon once the green card was on the way. The divorce followed soon after. It may very well all be nothing being a bonafide marriage, or something was fishy back then. 

My thinking too. In one of the posts OP states he got his GC in October 2011, and moved away the same month. That does look suspicious from the surface.

 

OP: when you filed for ROC, did you file for a waiver based on bone fide marriage or did you simply state you're filing based on the 2 year rule? If the latter, than I can see USCIS having grounds to revoke citizenship and issue deportation.

[azblk 338]

Because you received permanent residence your previous and current marriage will likely receive extra scrutiny but if all are bonafide you will be ok.

[AnythingButCommon 2]

On 3/17/2018 at 4:58 AM, Going through said:

There are two issues I can see here based on what you wrote above:

 

1) You never completed the ROC from your first marriage....why not?  If you never did the first ROC, then yes, the IO is right in that the GC status was basically abandoned which is why she needs to review your previous filing with the first wife and find out what happened there.

2) When you moved out from the marital home 5 months after getting married, did you live with your first wife again at any time before filing for divorce?  If you never did, and the two of you just divorced right after you moved out, yes it does look fishy in their eyes.

1)  I did completed ROC. I filed filed I-751 but didn't received interview. I directly received 10 year green card. Someone mentioned here that not everyone gets interview so i don't think i did anything wrong at that time.

2) I moved to different state before i received my first green card. Our first interview was when we were not leaving together. We filed divorce after a year from the date of i moved out. She was the one initiating the divorce. I don't mind IO questioning the circumstances.  People get divorce for so many reason so i think it's not right assume that someone moved to different state after x month so marriage is not bona fide. 

 

On 3/17/2018 at 1:19 PM, CheeseMonstah said:

The question is, when filing for ROC, did he file for a waiver for having been divorced from a bona fide marriage? Or did he just say he's filing based on the 2 year rule?

 

 

I filed I-751 and didn't received interview call.

 

22 hours ago, WeGuyGal said:

The last few posters concentrating on ROC.. take a moment to go thru OPs previous posts circa 2011. He comes across as quite concerned around the AOS/ROC process, including several back to back to back posts about minor status changes; and over the moon once the green card was on the way. The

divorce followed soon after. It may very well all be nothing being a bonafide marriage, or something was fishy back then. 

Divorce filed after 9 months of initial green card. 

 

21 hours ago, CheeseMonstah said:

My thinking too. In one of the posts OP states he got his GC in October 2011, and moved away the same month. That does look suspicious from the surface.

 

OP: when you filed for ROC, did you file for a waiver based on bone fide marriage or did you simply state you're filing based on the 2 year rule? If the latter, than I can see USCIS having grounds to revoke citizenship and issue deportation.

I moved to different state prior to receiving my first green card. 

[AnythingButCommon 2]

On 3/17/2018 at 12:55 AM, azblk said:

USCIS officers have been known to try and shake up couples to unsettle them if they suspect something is awry. From what the OP has said the IO seemed to base his suspicions on the length the marriage lasted after green card. There is NO required time to stay in a marriage just that the marriage be valid and ongoing at the time of approval. Based on what the OP said there is nothing to worry about.

I agree. It's looks like that but i am just scared. I had my citizenship interview last year and i was not asked anything about my previous marriage at that time where as i was expecting that they might ask.

 

This time, It was about AOS for my wife. I didn't expected at all that they would ask me about my previous marriage and IO questioned me on that for about 30 minutes. I didn't even remember so many dates, etc. at that time.

 

 

[azblk 338]

47 minutes ago, AnythingButCommon said:

I agree. It's looks like that but i am just scared. I had my citizenship interview last year and i was not asked anything about my previous marriage at that time where as i was expecting that they might ask.

 

This time, It was about AOS for my wife. I didn't expected at all that they would ask me about my previous marriage and IO questioned me on that for about 30 minutes. I didn't even remember so many dates, etc. at that time.

 

 

Like  I said earlier the bar for denaturalization is extremely high and unless there is compelling evidence of fraud or a mistake made at i-1485 or n400 steps you have nothing to worry about. You would be well served to consult an attorney for your sanity and peace of mind but imo I think this is much ado about nothing.

[CheeseMonstah 87]

1 hour ago, AnythingButCommon said:

I filed I-751 and didn't received interview call.

 

Divorce filed after 9 months of initial green card. 

Ok, but when you file for ROC, you have to select a box, either that you're applying to remove conditions based on your 2 year marriage OR that you are asking for a waiver based on a bone fide marriage that ended before two years. Which box did you select?

[AnythingButCommon 2]

14 minutes ago, CheeseMonstah said:

Ok, but when you file for ROC, you have to select a box, either that you're applying to remove conditions based on your 2 year marriage OR that you are asking for a waiver based on a bone fide marriage that ended before two years. Which box did you select?

I selected "I or my parents entered marriage in good faith, but the marriage was terminated through divorce or annulment". It's PArt 2 1.d in form I-751.

Edited March 18, 2018 by AnythingButCommon

[CheeseMonstah 87]

12 minutes ago, CheeseMonstah said:

Ok, but when you file for ROC, you have to select a box, either that you're applying to remove conditions based on your 2 year marriage OR that you are asking for a waiver based on a bone fide marriage that ended before two years. Which box did you select?

In fact, it's Part 3 of the I751 you filed. Did you select 1.a or 1.d?

[AnythingButCommon 2]

2 minutes ago, CheeseMonstah said:

In fact, it's Part 3 of the I751 you filed. Did you select 1.a or 1.d?

When i filed ROC back in 2013, it was in part 2. I selected 1.d.