I-751 Petition to Remove GC Conditions

[Jamesguamsi 1]

Help, Notice of Intent to terminate

conditional status, my cousin just recieved a NOID, what are his options?

He relocated to Florida Feb 2014, because of a new job, wifey was supposed to join me but it never happened due her extended family which later led to our divorce in July 2015, I remarried in Oct 2015.

Notice of Intent to terminate conditional. status

You are hereby notified that it is the intent of the US citizenship and immigration services to deny your form I-751 petition to remove conditions on residence based on a marriage to a United States Citizen or a Permanent Residence. You later changed your application to reflect that you were filing this petition and requesting a hardship waiver because you entered into the marriage in good faith but it was terminated through divorce.

You have failed to establish the burden of proof that your marital relationship is bonafide for immigration purposes as explained in this notice

The records establish that on January 2016, you appeared for an interview and were placed under oath by an officer of the Citizenship and Immigration services. During the interview, you testified that interviewing officer that you had divorced your spouse. At the time of the interview you provided a decree of divorce from your former spouse and a marriage certificate to your current spouse.

In support of your petition, you provided an affidavit written by you, signed by a notary public on April, 2015, stating that you and XXXXXX were unable to acquire assets together due to her low credit score not because of lack of love or honesty. This affidavit was received by USCIS on May 2015. However, your sworn testimony on January 2016 indicates that you and your wife were already separated at the time this letter was submitted. You submitted an affidavit from XXXXXX dated April 2015, indicating that XXXXXXX frequently visited the home of you and XXXXXX and that you two were happily married. However your testimony in January 2016 states that you moved to Florida in March 2014 and were residing in Florida.

You submitted bank statements from XXX Bank for statement period January December 2014. You and XXXXX are listed on the bank statements. However the bank statements suggest that you were already separated from your wife and living in Florida at the time the statements were submitted, because they list debits made in Florida and New Jersey.

You submitted car insurance policy information from XXXXXX for January 2014 January 2015, a lease in your name and XXXXX name, for January to December 2014, Transcripts of 2012, 2013, 2014 federal tax income returns, a copy of your marriage certificate, a letter from XXXXXX regarding your wife credit score.

Please what are his options?

Thank you in advance for your response

Help, Notice of Intent to terminate

conditional status, my counsin just recieved a NOID, what are his options?

I relocated to Florida Feb 2014, because of a new job, wifey was supposed to join me but it never happened due her extended family which later led to our divorce in July 2015, I remarried in Oct 2015.

Notice of Intent to terminate conditional. status

You are hereby notified that it is the intent of the US citizenship and immigration services to deny your form I-751 petition to remove conditions on residence based on a marriage to a United States Citizen or a Permanent Residence. You later changed your application to reflect that you were filing this petition and requesting a hardship waiver because you entered into the marriage in good faith but it was terminated through divorce.

You have failed to establish the burden of proof that your marital relationship is bonafide for immigration purposes as explained in this notice

The records establish that on January 2016, you appeared for an interview and were placed under oath by an officer of the Citizenship and Immigration services. During the interview, you testified that interviewing officer that you had divorced your spouse. At the time of the interview you provided a decree of divorce from your former spouse and a marriage certificate to your current spouse.

In support of your petition, you provided an affidavit written by you, signed by a notary public on April, 2015, stating that you and XXXXXX were unable to acquire assets together due to her low credit score not because of lack of love or honesty. This affidavit was received by USCIS on May 2015. However, your sworn testimony on January 2016 indicates that you and your wife were already separated at the time this letter was submitted. You submitted an affidavit from XXXXXX dated April 2015, indicating that XXXXXXX frequently visited the home of you and XXXXXX and that you two were happily married. However your testimony in January 2016 states that you moved to Florida in March 2014 and were residing in Florida.

You submitted bank statements from XXX Bank for statement period January December 2014. You and XXXXX are listed on the bank statements. However the bank statements suggest that you were already separated from your wife and living in Florida at the time the statements were submitted, because they list debits made in Florida and New Jersey.

You submitted car insurance policy information from XXXXXX for January 2014 January 2015, a lease in your name and XXXXX name, for January to December 2014, Transcripts of 2012, 2013, 2014 federal tax income returns, a copy of your marriage certificate, a letter from XXXXXX regarding your wife credit score.

Please what are his options?

Thank you in advance for your response

Edited April 19, 2016 by Jamesguamsi

[KayDeeCee 4,891]

It appears your cousin has no proof that he entered into a bona fide marriage in good faith and not just for immigration purposes. The letter states exactly why the evidence was not convincing, and why they have the intent to deny the I-751. Without being able to provide documentation that proves the marriage was legit and not just for the green card, then it will be denied.

[Jamesguamsi 1]

Thanks for the timely response, when he relocated, they were still very much together in love, they continued their relationship, and all their joint assets together even a joint lease of their apartment together in NJ and he still visited his family regularly. He was NJ without a job for 4 months and only relocated because the job offer he got was in florida

[Jamesguamsi 1]

Thanks for the timely response, when he relocated, they were still very much together and in love, they continued their relationship, and maintained their joint assets together including the joint lease in NJ, he visited his family regularly. The only reason he relocated was because he got offered a job in florida

[Shauneg 762]

Get out of her with that, half of your post says he, the other says I.

Help, Notice of Intent to terminate
conditional status, my cousin just recieved a NOID, what are his options?
He relocated to Florida Feb 2014, because of a new job, wifey was supposed to join me but it never happened due her extended family which later led to our divorce in July 2015, I remarried in Oct 2015.

[Jamesguamsi 1]

I wanted to help and told him about this website, the message I posted was the information he sent to me by him, I had to change a couple of me and I to his. Thanks for catching it.

[Mollie09 1,543]

Is the new spouse a USC?

[Jamesguamsi 1]

Yes she is,

[Mollie09 1,543]

I see a lot of confusion with the affidavit dates and the dates of separation. Did he use a lawyer? There might be a confusion between them living separately and being separated.

[Jamesguamsi 1]

No, he did not use a lawyer

[Amhara 460]

Help, Notice of Intent to terminate

conditional status, my cousin just recieved a NOID, what are his options?

He relocated to Florida Feb 2014, because of a new job, wifey was supposed to join me but it never happened due her extended family which later led to our divorce in July 2015, I remarried in Oct 2015.

Notice of Intent to terminate conditional. status

You are hereby notified that it is the intent of the US citizenship and immigration services to deny your form I-751 petition to remove conditions on residence based on a marriage to a United States Citizen or a Permanent Residence. You later changed your application to reflect that you were filing this petition and requesting a hardship waiver because you entered into the marriage in good faith but it was terminated through divorce.

You have failed to establish the burden of proof that your marital relationship is bonafide for immigration purposes as explained in this notice

The records establish that on January 2016, you appeared for an interview and were placed under oath by an officer of the Citizenship and Immigration services. During the interview, you testified that interviewing officer that you had divorced your spouse. At the time of the interview you provided a decree of divorce from your former spouse and a marriage certificate to your current spouse.

In support of your petition, you provided an affidavit written by you, signed by a notary public on April, 2015, stating that you and XXXXXX were unable to acquire assets together due to her low credit score not because of lack of love or honesty. This affidavit was received by USCIS on May 2015. However, your sworn testimony on January 2016 indicates that you and your wife were already separated at the time this letter was submitted. You submitted an affidavit from XXXXXX dated April 2015, indicating that XXXXXXX frequently visited the home of you and XXXXXX and that you two were happily married. However your testimony in January 2016 states that you moved to Florida in March 2014 and were residing in Florida.

You submitted bank statements from XXX Bank for statement period January December 2014. You and XXXXX are listed on the bank statements. However the bank statements suggest that you were already separated from your wife and living in Florida at the time the statements were submitted, because they list debits made in Florida and New Jersey.

You submitted car insurance policy information from XXXXXX for January 2014 January 2015, a lease in your name and XXXXX name, for January to December 2014, Transcripts of 2012, 2013, 2014 federal tax income returns, a copy of your marriage certificate, a letter from XXXXXX regarding your wife credit score.

Please what are his options?

Thank you in advance for your response

When did you guys officially separate? When did you decide to start the divorce? How long did it take to finalize the divorce? When did you remarry? When did you meet your new spouse?

1. Your notarized statement was made while you were separated. So the real reason you didn't acquire assets is because you two were contemplating divorce, yes?
2. So you actually moved in 2014? What proof of visits did you provide to support your April 2015 statement? How many visits were there? How long?
3. For the bank statements, were both your pay going into the bank account? It seems they felt that the statements didn't show dual usage? Did you two close the account? You didn't provide any 2015 statements, so are you still on the account? If not, when did you get removed? Did you get removed before you submitted the petition or after?

Then, take all this stuff to your cousin's lawyer.

Get out of her with that, half of your post says he, the other says I.

Help, Notice of Intent to terminate

conditional status, my cousin just recieved a NOID, what are his options?

He relocated to Florida Feb 2014, because of a new job, wifey was supposed to join me but it never happened due her extended family which later led to our divorce in July 2015, I remarried in Oct 2015.

Lol! I noticed that too!

[EM_Vandaveer 2,364]

At this point your cousin (or you, whoever is actually trying to ROC here) really needs a competent immigration lawyer.

Edited April 19, 2016 by EM_Vandaveer

[Jamesguamsi 1]

Recieved conditional GC in Oct 2012

He relocated in Feb 2014

Filed I-751 in July 2014

Filed for Divorce June 2015

Divorce finalized July 18th 2015

Remarried In October 2015 to a USC.

Met his present spouse in September 2014

[charmander 692]

lawyer time!

[Amhara 460]

Recieved conditional GC in Oct 2012

He relocated in Feb 2014

Filed I-751 in July 2014

Filed for Divorce June 2015

Divorce finalized July 18th 2015

Remarried In October 2015 to a USC.

Met his present spouse in September 2014

But what about this, "However, your sworn testimony on January 2016 indicates that you and your wife were already separated at the time this letter was submitted."

It seems that something was notarized April 2014, which was later received by USCIS in May 2014. Then your cousin told the USCIS officer under oath during the interview that he and his wife were already separated around the time the letter was sent. So it looks like your cousin separated from his wife anywhere from February 2014 to April-ish 2014 time frame. Bring evidence of you or your wife visiting New Jersey/Florida to a consultation with a lawyer to try to overcome the appearance that the separation happened before or shortly after your move.