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sashKOT1

separation after EAD

By sashKOT1 in Effects of Major Family Changes on Immigration Benefits

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Timona Experienced

Timona   4,207

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Filed: Citizen (apr) Country: Kenya
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Yes, you get an interview....:pop:

Edited by Timona

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Rocio0010 Mentor

Rocio0010   5,579

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Filed: Citizen (apr) Country: Argentina
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You’re mixing the steps. First, you get an interview, then your I-485 gets approved (provided there are no red flags). Please complete timeline 

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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Timona Experienced

Timona   4,207

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7 minutes ago, sashKOT1 said:

even after separation and live separate? ..

 

Well, if you separate before your interview, you have no basis for GC unless you go the VAWA routs and that is if there's indeed a VAWA....not just creating one.

 

Your marriage has to be bona fide to convince IO to approve you at interview. 

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Boiler Grand Master

Boiler   45,492

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To Green Card you need a real marriage, otherwise no Green Card

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Redro Experienced

Redro   4,611

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Filed: IR-1/CR-1 Visa Country: South Africa
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29 minutes ago, sashKOT1 said:

even after separation and live separate? ..

Keep in mind. You might not receive your EAD until a few days before your GC interview. This has happened to others. 

Additionally, you should be living with your spouse at the same address while your green card application is pending and after the green card is approved. 

You will probably have an interview for the I-485 and they will ask you questions about your relationship. 

If you have to separate or live at separate residences you should have a very good reason for the separation (job availability/ spouse going to school) and you should see your spouse as often as possible because you love your spouse and you miss them and hate not being with them! 

If you no longer love your spouse you should separate and get a divorce. 

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Verrou Proficient

Verrou   1,962

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The reason you got EAD is because of Green card application. The based is because of marriage, EAD is only temporary solution while you waiting for green card interview. 
 

No marriage = no greencard 

Edited by Misscloud
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Mike E Grand Master

Mike E   11,739

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Filed: Citizen (apr) Country: Myanmar
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2 hours ago, sashKOT1 said:

IF me and my wife separate after getting EAD CARD

The EAD has no relevance here.  

2 hours ago, sashKOT1 said:

 

and is she lives seperate but not divorce is this impact the green card?  after ead do we get interview for the green card?

Generally people who file I-485 get an I-485 interview.  Not always though.  

2 hours ago, sashKOT1 said:

 

once 485 get approved

The next step after I-485 approval is a green card is sent.  
 

2 hours ago, sashKOT1 said:

 

do we get interview to get the green card?

 

Generally.  
 

now the real questions are:

 

1. can you I-485 be approved if you have legal separation?

 

Answer: no

 

2. what happens if you get an interview after you move away from other and live separately? Can you be approved? 

 

Answer:

 

* you tell the IO the truth: the marriage is having problems and you are living separately.  

 

* Yes you can be approved.  See https://www.nolo.com/legal-encyclopedia/we-re-separated-can-i-continue-marriage-based-green-card-application.html

 

3.  what happens if you are approved without  an interview and you are living separately?

 

Answer:  I’ve no idea if that green card is valid or no.  If the couple physically or legally separates then it would be prudent to write the service center or field office handling the application  in case the I-485 would otherwise be approved without an interview.   

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SalishSea Grand Master

SalishSea   17,829

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Filed: Lift. Cond. (apr) Country: New Zealand
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3 hours ago, sashKOT1 said:

IF me and my wife separate after getting EAD CARD and is she lives seperate but not divorce is this impact the green card?  after ead do we get interview for the green card? 

once 485 get approved do we get interview to get the green card?

 

Expect your marriage to be heavily scrutinized if it is ending so early in the adjustment process.

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Mollie09 Proficient

Mollie09   1,543

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Filed: Citizen (apr) Country: Brazil
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11 hours ago, sashKOT1 said:

IF me and my wife separate after getting EAD CARD and is she lives seperate but not divorce is this impact the green card?  after ead do we get interview for the green card? 

once 485 get approved do we get interview to get the green card?

 

Is this a marriage-based I-485?

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Crazy Cat Grand Master

Crazy Cat   41,846

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Filed: Citizen (apr) Country: Taiwan
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12 hours ago, sashKOT1 said:

IF me and my wife separate after getting EAD CARD and is she lives seperate but not divorce is this impact the green card?  after ead do we get interview for the green card? 

once 485 get approved do we get interview to get the green card?

 

This looks very suspicious.  You entered via a K-1.  That means you must, generally, adjust through a bona fide marriage. You could easily be denied at the interview or you will be caught later, imo.  You better find a good attorney.  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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SalishSea Grand Master

SalishSea   17,829

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Filed: Lift. Cond. (apr) Country: New Zealand
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3 hours ago, sashKOT1 said:

yes k1 VISA  And then 485 . still not got EAD . JUST Got Bio matric appointment . marriage is on the rock dont know what to do 

You will need to move back home.  Your entire basis for adjustment of status is the marriage.  There is no divorce waiver for a conditional GC.

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