Separated For Over A Month Now After 5 Years Of Mariage

[Villanelle 4,122]

A verbal approval means nothing. 

 

What does your case status say online? 

 

Also what specifically do they tell  you when you call? that its being processed? Ask them to be more specific. They do not take 10 months to print a GC. They can take 10 months to process and decide your case after interview if they need to. Processing you most likely means a decision has not been made yet. Call and specifically ask if you have been approved or if it is still pending approval.

[Makafui 15]

I now knew that verbal approval mean nothing but why the immigration officer had to said that I am approved when he knew I wasn't?? Anytime I called, the customer service representatives,they  kept reading the same words I also see when I am checking my status that my case was received February 16, 2016 and blablabla. Anytime I requested to talk to Tier 2 office,they will ask to call me back and when they did,The Tier 2 office will say that my case is still pending approval. So my worried and my concern is that,why would I be verbally lied to by the immigration officer that interviewed me that I was approved??? 

[Villanelle 4,122]

Hmm. 

 

So you are not approved yet.

 

Sometimes the Officer will say things like you are approved and it's not that they are lying to you- they are just speaking preemptively. 

 

Various things can be going on here.

 

Sometimes the Officer is new to the job or for other reasons / they need to send all their cases to a supervisor for review. So basically they do all the work, label it as an approval and give it to the supervisor who reviews and processes the approval. This can take 30-90 days on average. You are way past that so I dont believe that us what's going on.

 

Other times the background check is delayed but they move forward with the interview. They can not approve you until background checks are done. Usually they will tell you they are still waiting on the background checks. Did anyone mention anything about that? Background checks can take a long time.

 

The 3rd scenario is your file is lost or misplaced/ simply being overlooked.

 

I'm on my phone so I cant scroll back when replying to see what you've attempted so far.

 

Have you gone to infopass at the office that interviewed you? What do they tell you is going on? Have you asked for a supervisor at infopass?

 

Your other option is to get a congressman involved or the ombudsman. If you need help on how to do this please post so and someone will walk you through it. 

 

Finally- there is conflicting advice about what to do if you separate before approval. I personally recommend notifying them so that they do not approve you w/o all the info. Because later on at n400 time they will see it.

 

Would your spouse remain on the joint petition and attend another interview if needed? Where are you in the divorce process? Papers filed yet? Timeframe for filing? Any waiting periods in your state?

[Villanelle 4,122]

Just re read your first post. 

 

When was the last time you were at infopass?

 

Also I have no idea why your wife was advised to file at/before 5 yr mark. Could have been inaccurate advice based on incorrect information or perhaps your state has various divorce policies and if the marriage is less then 5yr things are split differently then it would be for a marriage longer then 5yrs. No kids right? Is there many assets? Property? Do you think the divorce will go smoothly or are there things to fight about?

 

[cablewyres 38]

Did you submit an AR-11 change of address form when you moved to a new physical address? And did your spouse submit an I-865 form? Because these are instructed to be done when you move to another legal address. It could be that your green card and approval notice were sent to your old address. USPS forwarding won't work as they do not forward government documents.

[Makafui 15]

Thank to everyone for the help once again. @ Damara and Cablewyres To answer ur questions, The Last time i went to the info pass was April of this year when i get my passport stamped again with the I-551. Yes we have contacted the Ombudsman office and they also contacted the USCIS and then emailed us within some months later that the USCIS told them that they have made a decision on my case in may 23rd of this year and that they are closing the case but when we called USCIS,They said they don't know where Ombudsman office got that decision info from,funny! And yes i went to the same field office that interview me for the stamp and when i asked them about the cause of my delay,they dont tell me anything specifically..

No Kids, No Assets,The divorce will go smoothly because there is nothing to fight about and we don't starts the divorce process yet because in the state of NC,u have to be separated for a year before u can file for a divorce.

[Makafui 15]

Look At The Email I Just Received From USCIS Fri

We are still reviewing your case and there are no updates at this time

We will notify you when your case status changes. We last took action on your case on July 24, 2018.

 

 

 

 

[NikLR 13,227]

So something happened on that date.  Keep bugging them until they tell you if a decision has been made.  Change your address online, with the ar-11, with the tier 2, and at an infopass.  Let them know you are getting divorced and need any information resent to your new address.  I fear a decision was made or rfe sent and your ex-wife has kept this info from you?

Recontact ombudsman and congressman.  

Likely in your state you are entitled to half of your wife's retirement etc at 5 years of marriage.  Which is why she went weird and chucked you out.  Or maybe you deserved it, I dont know nor care.  Regardless you have a right to know if something happened with your petition. I wish you the best of luck. 

Edited August 22, 2018 by NikLR

[cablewyres 38]

3 hours ago, Makafui said:

Thank to everyone for the help once again. @ Damara and Cablewyres To answer ur questions, The Last time i went to the info pass was April of this year when i get my passport stamped again with the I-551. Yes we have contacted the Ombudsman office and they also contacted the USCIS and then emailed us within some months later that the USCIS told them that they have made a decision on my case in may 23rd of this year and that they are closing the case but when we called USCIS,They said they don't know where Ombudsman office got that decision info from,funny! And yes i went to the same field office that interview me for the stamp and when i asked them about the cause of my delay,they dont tell me anything specifically..

No Kids, No Assets,The divorce will go smoothly because there is nothing to fight about and we don't starts the divorce process yet because in the state of NC,u have to be separated for a year before u can file for a divorce.

But as I asked before, did you fill out an AR-11 form? This is very important regardless if you met them in person at the field or not.

 

You can check here, if you haven’t done so:

https://www.uscis.gov/ar-11

 

This might still be one of the main reasons why you still haven’t received your GC.

It could be that you missed it or any USCIS important notices.

 

You should also know. As of your spouse, together or not, since she signed your affidavit of support, she likewise has to inform USCIS of her address change by submitting an I-865 Form if she also changed or will be changing her address.

She is not free from her obligation inspite of your separation. Only death or your citizenship can release her from that responsibility.

 

At least on your part though, submit an AR-11 to USCIS. If your wife still lives at your original address, ask her if she received any USCIS notifications or your GC. Hopefully, she is still willing to cooperate with you.

 

Best of luck!

Edited August 22, 2018 by cablewyres

[Amadia 711]

On 8/15/2018 at 6:19 AM, NuestraUnion said:

I don't know why the significance of a 5 year anniversary came into play on the advice your wife got.

You think it could be for naturalization? 

[Unlockable 7,314]

25 minutes ago, Amadia said:

You think it could be for naturalization? 

Could be.

It may be that the wife's adviser(s) thought that it would effect naturalization. But it doesn't. 

Many people are ill informed about how immigration works. We have certainly seen our share of posters who want to simply "send their spouse back" when their marriage doesn't work out. But, as we already know, it doesn't work like that.

[Amadia 711]

Just now, NuestraUnion said:

Many people are ill informed about how immigration works.

Ain't that the truth! 👍

[Chiefay 14]

On 8/19/2018 at 6:21 AM, 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

Maybe they suspicious something after your approval or your wife reported you to USCIS about the divorce. If that happened USCIS can hold your card for further information about the cause of the divorce. Your wife can asked USCIS to hold your card it doesn't matter you got approved.The problem here is divorce after approval you didn't got your green card yet so she can sent  a petition to USCIS to hold your card told USCIS the reason why she wanted your green card to be hold or suspended.