MK878

7 minutes ago, OldUser said:

@MK878 I'm not your immigration or family lawyer. However, it's in your interest to finalize divorce ASAP. Give him whatever he needs and close this chapter. Unless you're splitting millions of dollars or fighting for the kid (which I realize may be the case), it's easier to move on. This will give you final divorce decree which will allow you to get I-751 approved and stay in this country.

 

If your I-751 gets denied, you can refile quickly a new I-751 with all good evidence with divorce waiver.

But if you delay it, you may be put in removal. Which is a lengthy process, but may get you deported eventually if you don't get it right.

thank you for your detailed response! We definitely don't have millions of dollars so yes it is a fight for the child. Unfortunately he is fighting to get sole custody despite only seeing her once a month which is delaying the process. I was trying to avoid getting a judge assigned but seems like i have no choice. I will talk to my immigration lawyer on Monday but at the moment just trying to appease my anxiety as I dont want to be separated from my daughter. 

"you can refile quickly a new I-751 with all good evidence with divorce waiver." seems like i cannot file till i have a divorce decree is that correct? or can i file with evidence to show i have filed in court? if they deny the petition will i lose my right to work? I support myself and my daughter so it is critical that i work. 

6 minutes ago, OldUser said:

You don't want him to show to your interview. This can do more harm than help.

That is true I don't even know what he'll say. The letter says they can deny my application if he doesn't show up so I dont know which is worse. 

16 minutes ago, Boiler said:

That is something you need to focus on so you can remove conditions

Yes I will be asking my lawyer to push more. Can you please advise on what happens if he does not show up to the interview and my application is denied? Do i get the right to appeal or will i lose my right to work and be sent back?

1 hour ago, Boiler said:

to remove conditions with a divorce waiver you need to be divorced

 

Are you divorced?.

 

 

The divorce still in process as him and his lawyer keep stalling the paperwork. 

Hi all,

I am a bit stuck and will really appreciate your help with this!!

Below are the details of my timeline:

• June 2018, I came into the US with a K1 fiance visa. My then husband and I got married and then filed the paperwork after which I received the conditional green card.
• In August 2020, we had a daughter and our marriage was still fine.
• May 2021  I filed for petition to remove conditional status. 
• Dec 2021, we decided to separate.
• Feb 2022, we decided to file for a divorce and were talking to lawyers.
• May 2022 I received an RFE letter from USCIS saying that they had received information that we are separated so i should file a waiver. My divorce lawyer was able to check that my ex husband filed for divorce online himself (without serving it to me) and then sent those papers to USCIS possibly as evidence of our separation. My ex husband did not tell me he did that and continued to lie. At this point I hired a lawyer and asked him to help draft a response, I sent all supporting documents, including daughter's information as she is with me since separation. During this time I also serve my ex husband divorce notice which I also attached in suppporting documents. 
• Since then I received two letters from USCIS, one extending my condtional greencard due to process delays and the other telling me my application will be now process in a difference center. 
• Today I received a letter from USCIS, addressed to my ex spouse but sent to my address, asking him to appear for an interview with supporting docs. 

He will definitely not attend the interview and nor provide any supporting documents. He comes to see our daughter for a few hours every month and we are not on good terms so we do not talk. 

Will really really appreciate any guidance here!

Thank you so much both! Super helpful. I was more worried about possibly having to leave the country but I was assured by a lawyer aswell that the process may take longer than expected but it will be fine! So grateful for the guidance and it seems on point. My lawyer suggested filing for divorce and sending any associate court papers as proof to switch waiver. 

Thank you @Rocio0010 @Family @EvieMN for your kind words and help! so appreciated!

I definitely am going for divorce but because this just one of the things he's done and there is a lot else he has been doing, I hadn't filed or served him. He definitely will not participate or be of any help in the interview and any documentation required so option 2 is the only route. 

Approx, how long did it take you to get the divorce decree from date of filing? Also im based in nyc so please share details of any good immigration lawyers you may know! We have a 19 month old daughter who's been with me throughout the separation and i know he will delay proceedings for custody even though he barely comes to meet her so bifurcate divorce is an interesting option! much appreciate your help!

On 3/12/2021 at 4:10 PM, EvieMN said:

Just checking in here to follow your journey and share my experience as well.

 

I filed jointly with my spouse November 2019. 
We separated a few months after but didn’t file for a divorce until November 2020. 
I got a RFE in October so I used that to inform them that we’re going through a divorce. Also because I didn’t have any additional evidence to provide them with. 
My case was transferred to NBC in February and I got my interview notice a week ago - it will be on April 19th! 
 

I started working with a lawyer after I knew that we’d be going forward with the divorce. They helped me answer the RFE and will be accompanying me to the interview. 
My only concern is that I don’t have a divorce decree just yet. I have a hearing on Tuesday so hopefully it will be finalized then. 

Hi EvieMN! Goodluck with your interview! I am in a similar situation where I dont have divorce decree but my spouse and I are only separated. My spouse and I filed together but he recently sent a letter to USCIS mentioning something about divorce or separation and they sent an RFE. We have been married for 4 years and have a 19 month old daughter. I would love to hear more about your experience as i dont have a divorce decree and am very worried as to what to do. Even if we file soon we wont have anything by the time im supposed to provide evidence. Also will your ex-spouse be accompanying you to the interview?

2 minutes ago, kas634 said:

Congrats! "Expedited" means you have an electronic case. Certain countries/embassies have decided to move over to electronic as opposed to paper cases, it makes the process of sending your petition to the embassy and being received as "ready" a bit faster. Your future steps aren't affected by this

 

And it's the DS 160  when you track the case on CEAC, though, I believe it makes you choose "immigrant" as opposed to "non-immigrant". In every other scenario, k-1 is referred to as non-immigrant

@kas634 Thank you so much! This is very helpful! Much appreciate your help

Hello All. I received my NVC number via email after 26 days however the email said that the 'IMMIGRANT Visa case had been expedited'. Neither I nor my fiance had submitted the request so we are unsure as to what this means. Will our next steps be any different? Would much appreciate any help. 

Additionally, just wanted to confirm that it is in-fact DS160 that I, the beneficiary, have to fill out or is it the DS260? 

Goodluck to everybody still waiting for NOA2 and NVC! 

19 hours ago, PJN&MMR said:

SORRY! - I must not be seeing the previous thread. This thins is making my eyes bug out of my head.

lol no problem at all!

8 hours ago, PJN&MMR said:

I cant come up with a reason based on the little I know. Did you self file or use an attorney? 

 

All - I wonder if this is “extreme vetting”.

like TSA, they change their tactics regularly. Some get through the line while others are subject to more verification. Rediculous to a valid app, not so to a bad actor. You could wing it and just send more stuff and hope for approval, or use a reputable immi attorney. The attorney would need to see everything you sent them and then help you sort what you might be able to explain or send that will satisfy them accordingly. Flip the coin on which to do.

 

We hired an attorney, we were not risking this to some mistake or problem overlooked. Stressful enough and it delayed our application getting to them a few weeks, but she was helpful and making sure everything was in order, nothing missing. Etc.

I think there's a bit of a confusion. I received my NOA2 yesterday. I was only helping out another couple that received an RFE and wanted some help on what all they could submit to prove that they met. But great to hear it all worked out for you!

5 hours ago, PJN&MMR said:

What did you send with the application?

We sent airline tickets of us both, passport pages with the entry stamps, bank statements that showed transactions on the same date from the same location, some receipts, hotel bookings that had our names, receipt of my engagement ring, pictures of the two of us from each of the locations with the date and location at the back of each picture,  Whatsapp chats,  Call logs, and Skype call logs. We also wrote a bit about how we met and then at each point of the story where we met, we attached the evidence so it would easy for them to follow. 

@Kswtangel Thank you so much!

Hello All! Received our NOA2 in mail today!! so surreal! Case status still says received online! Congratulations to all others who received their approvals!! and goodluck to those waiting!

5 hours ago, Nikki&pat said:

woah sounds exactly like my fiance this is  why i yelled at him. i told him to call uscis he did and he trusted tier 1 and said we're good no need to worry omg !!!! decided to wait 30 more days from what he heard from the lady on the phone hahaha geez guys and yes settle with a date everytime you feel anxious and call around that date

5 hours ago, NICK & PAULA said:

Bahahahahahaha! At least yours get to talk to tier 1. hahahaha! Mine said "see, still saying the same thing" (he's referring to the voice prompt) Bahahahahaha! I really, really felt BETRAYED and heartbroken. Geeeeeezzzzz! 

5 hours ago, Rebecca & Kelvin said:

I can’t stop laughing! Omg! How come our man are exactly the same when comes to this issue. Mine said oh honey no need to worry..... just wait and it will come! No, it will not come! U need to call and find out. And follow the instructions! Mine ignores those instructions. I have no hope for him, SERIOUSLY!

Hhahaa these are so funny and reassuring to read! My fiance did most of the above listed things! Called tier 1 despite my incessantly telling him to follow the instructions for Tier 2, got the 30 more days reply, haha.. He did go ahead and ask the person how we can expedite the case and was told one was is if you incurred financial loss to which he tried to argue how the wait is causing that. He said he was trying to be facetious. I dont think they're going to take his calls again!

Also, I read some weird posts and just wanted to than @Naes for all her help and daily scans despite not even being an August filer!! Thank you for all that you do. 

9 minutes ago, NICK & PAULA said:

How to talk to a live person at USCIS? https://goo.gl/54z5bZ

Thank you so much! He just called and got the same scrip read to him that we are very close to your date (NOA1 August 7th) but not quite there yet. He insisted on being transferred to Tier 2 and was told the wait is 146 minutes so he put his name down. Lets see if he gets a call back otherwise will try tomorrow at 8am sharp as suggested. 

9 minutes ago, PJN&MMR said:

1-800-375-5283

Thanks for your help!! 

6 minutes ago, Idyllicgoddess said:

August 25 filer.. We finally got approved as of Feb 26... I couldn't stop crying..I'm so full of joy.. I was so worried I was going to get a RFE but I Didn't...Thanks to the people that keep there timeline updated and everyone that keep this group informed.Thank You Jesus

WOW Congrats!! Must be an amazing feel! Gluck with the rest of the process!

3 hours ago, PJN&MMR said:

Called in, let them talk, requested tier 2. Tier 2 Just called. Our case 8/21 recieved date has not been assigned to an officer yet. Atleast I can stop obsessivly checking the case. Hopefully Naes has more good news from the scans for the completion of early August so the 2nd half can be touched. Oy Vey. 

CONGRATULATIONS to all that have received their NOA2! Really happy for you all!  Hope you get your case number assigned soon!

I wanted to ask, what number did you press when you called USCIS? My fiance is the one who will be calling and he doesn't have much idea about the process as I, the beneficiary, am following up on most stuff. Would much appreciate your help! 

26 minutes ago, Naes said:

Hey Augustines!

 

Because we are not seeing any updates this week and it is all new for August, I wanted to show everyone how this week looked like in other months too.

So that we can all see in numbers how every month is doing, and these no-update days (other than crapping on our spirits a bit) does not really mean no approval coming in the mail!

 

This week so far 2/5-2/7

 

-ALL MOVEMENTS-

 

	June	July	Aug.	Total
02/05/18	61	121	15	197
02/06/18	18	31	1	50
02/07/18	2	26		28
Total	81	178	16	275

 

 

Only Approval updates (oh yeah you'll got mail) 

No approval updates at all today... I'm waiting for NOA2s dated 2/6 and 2/7 somewhere around valentines

(hey wait did they do this so people will have surprise valentine NOAs???)

 

When there is no to really little approvals online - it usually comes back to noa2s in the mail, now I wouldnt expect a 100 cases per day for August suddenly,

but still I know there are some noa2s in the mail already for August  too.

 

	June	July	Aug.	Total
02/05/18	22	79	11	112
02/06/18		1		1
Total	22	80	11	113

 

 

Soooo spirits up up...we have 1-2 months left to run together here!

@Naes I just want to thank you for the constant updates and efforts to keep our spirits high!! And that too not just in this forum! You're really an angel. Much appreciate all that you do/say. 

I only recently discovered VJ and have been trying to ease the pain of distance (just as you all) by following it! Super helpful! Hoping and praying that we all get our NOA2s sooooon!!

Hello August Filers! I only recently discovered this thread yesterday and I must say its super helpful! The hopeful comments and constants updates are so uplifting! <3 I received my NOA1 on August 7th so HOPING/WISHING that our NOA2 is just around the corner!

Just a quick question, how are y'all doing these scans that let you know which date they are processing?