Badly need advice

[waiting_for_aos 11]

Hello Friends,

I could really use some advice right now. My wife and I met in college and started dating. I graduated and started working on OPT. She was still in college. Then I found a job in a difference city that was willing to sponsor my H1B. So I had to relocate. After relocating, I married my wife even though we were living apart because of her college. My company asked me if I want employment based greencard but I turned it down because my wife is a US citizen and I thought I will get it through marriage.

Anyway, I applied for greencard and even though we were living apart, it got approved without any problem. My wife was supposed to move to my city and live with me after the marriage but few months before graduation she said she no longer wants to stay married. I tried very hard to persuade her but she didn't budge. I gave up my job and found a job close to the city where she lived hoping if I live closer to her then she may change her mind. Unfortunately she didn't and then last year we got divorced. Meanwhile my greencard was about to expire in November 2014 so I applied for i-751 in September 2014. I am still waiting to hear from USCIS. However, today my attorney told me that there is a very high chance that my greencard will be denied because we spent only a few months living together. My attorneys lack of confidence has really worried me. Can anyone of you give me your input? Has anyone of you been in my situation? Whats your thoughts? Here is the evidence that I included.

- Few pictures (I have many pictures but my attorney said I need to send only a few)

- Several plane tickets of trips that we took to see eachother

- Joint bank account statements

- Joint income tax returns for the past 3 years

- Joint car loan

- Joint medical insurance

- Several medical bills for her that my insurance paid

- Records of thousands of facebook messages and emails that I sent her over the years from when we started dating to the time we got married

- 5 affidavits from her close relatives and mu friends attesting that our marriage was in good faith

What should be my next step if my greencard is denied?

[Cheezees 1,514]

Living apart for legitimate reasons DOES NOT mean there is a high chance that your green card will be denied. Sorry but your lawyer is talking utter rubbish.

You may have an interview but if your marriage was entered into in good faith, you moved to try to save your marriage, you gave up the opportunity for a green card through another avenue, you have solid evidence of a bona fide marriage, then there is no reason for a denial. A long process, yes. A denial, no.

Your next step should be to drop that lawyer. This is a process you can file on your own. Please do not pay the lawyer anymore to "work" on your case. You have more evidence than many who were approved.

Sorry but that lawyer's egregious statement/conclusion REEEEALLY bothers me.

Good luck!

[waiting_for_aos 11]

Cheezees,

I really appreciate your kind words my friend. They really encouraged me. I was pretty devastated when my wife told me she no longer wants to stay married. Even after two years, I am still not over the emotional trauma and am pretty distraught over it. I gave up my job and $30 K worth of restricted stock units when I moved to the city closer to her just in hope that she will get back with me. It's really upsetting when despite putting all that effort you are told by your own attorney that there is a very high chance you will be denied. But thankfully there are people like you in these forums to give hope to people like me in tough times. Once again thank you for your encouraging and kind words.

[Cheezees 1,514]

You're welcome!

Really, the ROC process is nail-biting for everyone and it is better to be encouraged than discouraged. Seriously though, the lawyer made a terrible statement that through my years on the forum and speaking with immigration officers, is proven to be untrue.

Right before we got married my husband and I dated long distance for 3 years. When I filed my AOS, we had just 3 months of evidence of cohabitation and 3 years of evidence that we lived 1,032 miles apart. At one time he lived in Alaska, and I lived in NYC.

So to the argument that you will be denied, I say "nonsense"!

I do have a question: Did you file with a divorce waiver?

[waiting_for_aos 11]

Cheezees, Your story is pretty encouraging to me. Thank you for sharing it. Yes I did file with a divorce waiver.

[DC85 113]

I think your hired the wrong lawyer. In case you get an interview, bring paystubs and explain to the officer your attempt to save the marriage ,stating the fact you changed your job just to be closer to your ex, this is a strong indicator that you did your best to keep your marriage. I don't see any problem that it will lead to a denial.

[katiana_ramirez 1]

hi every body

thank you so much for sharing your toughts

don't worry brother; i understand you concern; this lauwyer is not allowed to tell you this thing; i think he just need more money but don't give him more

you have enough proufs than i did; i have been together with my ex husband only for three months and i got divorce; i applied for I751 and i m still waiting

anyway be confident your file wille be approved

now you have to wait for biometric appointment and then interview so you get the chance to explain your situation in front of the immigartion officer

stay positive and it's gonna be allright

good luck

[onye uwaoma 131]

Hello Friends,

I could really use some advice right now. My wife and I met in college and started dating. I graduated and started working on OPT. She was still in college. Then I found a job in a difference city that was willing to sponsor my H1B. So I had to relocate. After relocating, I married my wife even though we were living apart because of her college. My company asked me if I want employment based greencard but I turned it down because my wife is a US citizen and I thought I will get it through marriage.

Anyway, I applied for greencard and even though we were living apart, it got approved without any problem. My wife was supposed to move to my city and live with me after the marriage but few months before graduation she said she no longer wants to stay married. I tried very hard to persuade her but she didn't budge. I gave up my job and found a job close to the city where she lived hoping if I live closer to her then she may change her mind. Unfortunately she didn't and then last year we got divorced. Meanwhile my greencard was about to expire in November 2014 so I applied for i-751 in September 2014. I am still waiting to hear from USCIS. However, today my attorney told me that there is a very high chance that my greencard will be denied because we spent only a few months living together. My attorneys lack of confidence has really worried me. Can anyone of you give me your input? Has anyone of you been in my situation? Whats your thoughts? Here is the evidence that I included.

- Few pictures (I have many pictures but my attorney said I need to send only a few)

- Several plane tickets of trips that we took to see eachother

- Joint bank account statements

- Joint income tax returns for the past 3 years

- Joint car loan

- Joint medical insurance

- Several medical bills for her that my insurance paid

- Records of thousands of facebook messages and emails that I sent her over the years from when we started dating to the time we got married

- 5 affidavits from her close relatives and mu friends attesting that our marriage was in good faith

What should be my next step if my greencard is denied?

looking at your evidence your lawyer made a reckless and unwarranted statement which he/she shouldnt have made. if you have paid him any money ask him to refund you all of it or part of it if he has started working your paperwork. he is up to no good and please ask him not to talk to you about your case henceforth... good luck!

[waiting_for_aos 11]

Thank you all for your kind words! Katiana, good luck with your green-card process!

[katiana_ramirez 1]

Thank you all for your kind words! Katiana, good luck with your green-card process!

thank you, same to you

[NancyNguyen 1,657]

Good luck.

[waiting_for_aos 11]

Good luck.

Thanks! You too!

[Ontarkie 14,199]

~~Hijack question split as it was derailing this topic.~~

[tdx 0]

without trying to justify my situation i would say that it is reasonable to assume that any evidence towards proving a bonafide marriage can be fabricated and that includes financial commingling and children. Obviously the immigrant could also impregnate/or get pregnant for papers. howver, its its a guys, its more likely he will not participate in raising.

However, obviously bringing life has a permanent implication and not many people will just make babies for immigration.

In the current US society, marriage is no longer viewed by liberals and government too much as a vehicle for procreation and continuation of the society, rather a contractual union and commitment of 2 people. That is why we have gay marriages. Hower, many people dont agree with that. That current view explains in my opinion why children as evidence of bonafide marriage is normaly a number 2 or 3 evidence and not no 1.

In practise, i think a child is a "swing" factor in a weak case. unless there is criminal issues OR it is obvious that there is FRAUD involved(eg payments) it will be difficult for the IO/IJ to deny and deport the foreigner especialy if the couple has been involved in raising the child. Otherwise, it will set a difficult precedence,

Sadly, a child is not a commingling evidence for bonafide marriage, in USCIS perspective of course. Good luck.

[waiting_for_aos 11]

I will like to inform everyone in this thread that my card was approved today. Thank you again everyone for cheering me up when I was really discouraged!