Separated For Over A Month Now After 5 Years Of Mariage

[Makafui 15]

Hello Friends,My Removal Of Conditions Has Been Pending Almost A Year Now After The Interview.(Filed Feb.2016) Now Me And My Wife Just Separated This Year July 1st.She Said Someone Advice Her To Separates With Me Before We Get Our Five Years Anniversary Of Marriage On The 2 Of July.She Throw My Things Out On The 1st July And Change The Locks On The Door and The Police Had To Be Called In To See What Happened.Now Since We Went To The Interview On August 12 2017 Till Now,Anytime I called To Ask About When I will Have My 10 Years Card,They Keep On Saying The Case Is Still Pending.I Booked So Many Info pass And The Same Pending Answer Even Though The Officer Who Interviewed Us Said I Was Approved And That I Should Expect The Card Within Weeks. Its Now Almost A Year After The Interview. Now My Question Is,Do I Have To Let The Office Where We Went For My Interview Know That We Are Separated July 1 Of This Year? And Also,What Kind Of Advice My Wife Got To Be Separated With Me Before Our 5 years Anniversary? Thank In Advance To All And Sundry

[Unlockable 7,314]

I don't know why the significance of a 5 year anniversary came into play on the advice your wife got. But to answer you question, yes, you will have to tell the officer that you are separated. In fact, the interview is intended for both you and your wife to attend to discuss the  your marriage. The reason you got your first green card was due to marriage. Now that you are no longer together, you options will change.

 

You can continue going through ROC with a divorce waiver. This will likely delay your case some. You will still have to show proof that you entered the marriage legitimately. If you are actually divorcing from your wife, everything will fall on you now regarding immigration (don't expect any further help from your wife). Your permanent residence case will be a little tougher to complete but it can be accomplished.

[Makafui 15]

Thank you very much but do u mean that I have to go to interview again because I said,both of us went to my removal of condition application in October last year and got approved. All that we were waiting for is the 10 yrs card until the separation came in this year July 1st

[Unlockable 7,314]

1 hour ago, Makafui said:

Thank you very much but do u mean that I have to go to interview again because I said,both of us went to my removal of condition application in October last year and got approved. All that we were waiting for is the 10 yrs card until the separation came in this year July 1st

If you already have had your ROC interview last year and was approved then there is nothing more you need to do. Sorry I missed the part where you first mentioned you already were approved. All you need to do now is wait the green card.

 

However, this does change the timeline for when you can apply for citizenship. Instead of 3 years (based on being married to a US citizen), you will need to wait 5 years before you can apply for naturalization.

[Makafui 15]

Ok and thank u very much but do I still have to go there and tell the office that me and my wife are separated as my 10 yrs card is still on pending even though I was verbally Approved by the officer??

[Unlockable 7,314]

No. You don't have to go anywhere to update anything. Your ROC approval was based on your marriage at that time. You are past that stage now.

[Makafui 15]

But what's really holding them to send me the card? I made so many info pass and they kept on saying pending even though the officer after the interview that I was approved. This whole process is too much headache

[sukhpal 10]

On 8/15/2018 at 5:25 PM, Makafui said:

But what's really holding them to send me the card? I made so many info pass and they kept on saying pending even though the officer after the interview that I was approved. This whole process is too much headache

since you guys are not living togather did you update new mail address for green card etc?

If case was approved you should get GC or you can get I-551 stamp on passport until you get response.  

 

 

Edited August 17, 2018 by sukhpal

[Makafui 15]

Yes I got the stamp in my passport till April 2019 and yes  I was advised sometimes ago on here to go to post office and buy box to forward my mails from the old address to the PO box which I did.

[Ash.1101 1,756]

37 minutes ago, Makafui said:

Yes I got the stamp in my passport till April 2019 and yes  I was advised sometimes ago on here to go to post office and buy box to forward my mails from the old address to the PO box which I did.

I don't believe that the post office can forward official mail from USCIS. I'm about 100% sure that they can not forward a green card to another address. The envelopes usually state to not forward the letter.

You'll need to change the address at an infopass appointment or call them.

[cablewyres 38]

On 8/15/2018 at 1:01 PM, NuestraUnion said:

No. You don't have to go anywhere to update anything. Your ROC approval was based on your marriage at that time. You are past that stage now.

I agree with this answer. If you are going through divorce proceedings, already divorced, or are legally separated (have court docs), then you should change your application into a divorce waiver. However, since you are both still technically legally married, you don't need to change anything with your application. I haven't read anything on the I-751 instructions that says if you are physically separated while I-751 is pending that you should change your application. Logically, when you submitted your I-751, you were requesting to be adjudicated based upon the legitimacy of your marriage up to that point. So as long as nothing changed in terms of your "legal" marriage status, I don't see any reason for you to change anything with your application.

Edited August 19, 2018 by cablewyres

[Makafui 15]

Ok but what is making it so long for the card to be mailed? October 12 will be 1 year after the interview and still no card. Anytime I called and speak with Tier 2, they only apologized and said it's pending and still at the field office where we went to the interview.Sometimes tier 2 will help by sending case enquiries to the field office about the case. They will reply some to me and some they just dont reply. I was given too many 90 days that are gone and still pending without decision. Why would they officer told me that I am approved and that I will have my card within weeks in the mail but almost a year still no card? I'm confused about this

[ariani 71]

2 hours ago, Makafui said:

Ok but what is making it so long for the card to be mailed? October 12 will be 1 year after the interview and still no card. Anytime I called and speak with Tier 2, they only apologized and said it's pending and still at the field office where we went to the interview.Sometimes tier 2 will help by sending case enquiries to the field office about the case. They will reply some to me and some they just dont reply. I was given too many 90 days that are gone and still pending without decision. Why would they officer told me that I am approved and that I will have my card within weeks in the mail but almost a year still no card? I'm confused about this

go to your congressmens office and ask for help. A congressional inquiry will get you results.

[Ash.1101 1,756]

I don't know much about the ROC interview process.

Are there cases where they do more research or such after the interview? Is it possible that it's in an AP of sorts?

You said you got a passport stamp until 2019. Did you go in April for a stamp? Did they not advise you to go get a stamp in October at the interview?

10 Months is a VERY long time to be waiting for your green card to show after you've been told you are approved. At some point you should have gotten notification that your card was being made and it was being sent out. If it's still marked as pending then it's being held up from being made. It seems like there's something more going on.


Again though, you need to update your address with USCIS. Postal Service will not forward green cards.

Edited August 19, 2018 by Ash.1101

[Makafui 15]

Nobody advice me during the interview to go for stamp in my passport. Ok here is it.. I got my first Green card  issued to me on March 28,2014. We filed the ROC and it was received on Feb 16,2016 and I was issued extension letter for a year which expired next year  on the the date and month my first Green card expired which will be March 28,2017. I didn't get interview date while my extension letter is about to expire. So I went to the field office and get my passport stamped with I-551 which will be good again till March 28 2018. So on October 12 of 2017, We were called for interview and after the interview,the immigration officer said I was approved and that I will be having my 10 yrs Green card within weeks. The card wasn't coming and my I-551 on my passport also expired so I went to the field office again to get the second I-551 in my passport that will be good till April 03 2019 because I was a bit late when I made the info pass,so my passport was stamped again with I-551 and that will be good till April 03 2019