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Hi all. Im in a huge predicament. I fell pregnant to my husband (U.S Citizen) in November 2015. Im currently 6 months pregnant with his child, but we are separated and I came back to the UK to have the baby as he is physically abusive. My conditional GC expires in July and i understand that im in the 90 day window. Can I file as a battered spouse with police reports as sufficient evidence? Can I file while outside the U.S? I wont be able to make it to the US for biometrics as I'll be too heavily pregnant once the time for biometrics comes. I want to continue my life in the US with our child, but not with him because of the abuse. We have agreed on a divorce once the baby is born, and he has agreed to provide the child with Tricare on his VA benefits when he separates from the military next month. He has signed my i-751 form so we can file it jointly, but by time the interview comes up we'll be in the middle of the divorce. What steps can I take to get back to the U.S after my child is born in August??

August 13th 2012: Met online on BF3 for PS3 wink.png
October 15th 2012: Connected via email, Facebook and were on Skype 24/7
November 14th 2012: Started our relationship
February 8th 2013: He traveled to the UK and we met for the first time ♥
February 14th: He proposed (eeeeeek)
April 19th 2013: Mailed our I-129F to VSC
April 30th 2013: He shipped off from the UK to U.S Army Boot Camp for 3 and a half months (waaaaa) sad.png
July 9th 2013: Transferred to TSC
July 23rd 2013: Approved biggrin.png (No RFE's)
August 19th 2013: NVC received packet
August 20th 2013: Case number received
August 21st 2013: Case left NVC and sent to Embassy
August 27th 2013: Embassy received case
September 10th 2013: Packet 3 received
September 11th 2013: Packet 3 returned
October 8th 2013: Medical
October 11th 2013: Received appointment letter
October 29th 2013: Interview (Approved) :DD
November 6th 2013: Visa in hand :DD ♥
November 19th 2013: POE, Newark International Airport
November 22nd 2013: Driving from NY to GA
November 25th 2013: Wedding♥

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Filed: K-1 Visa Country: Wales
Timeline

When did you leave the US?

“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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I left January 21st and returned April 2nd. I just got back to the UK again today

August 13th 2012: Met online on BF3 for PS3 wink.png
October 15th 2012: Connected via email, Facebook and were on Skype 24/7
November 14th 2012: Started our relationship
February 8th 2013: He traveled to the UK and we met for the first time ♥
February 14th: He proposed (eeeeeek)
April 19th 2013: Mailed our I-129F to VSC
April 30th 2013: He shipped off from the UK to U.S Army Boot Camp for 3 and a half months (waaaaa) sad.png
July 9th 2013: Transferred to TSC
July 23rd 2013: Approved biggrin.png (No RFE's)
August 19th 2013: NVC received packet
August 20th 2013: Case number received
August 21st 2013: Case left NVC and sent to Embassy
August 27th 2013: Embassy received case
September 10th 2013: Packet 3 received
September 11th 2013: Packet 3 returned
October 8th 2013: Medical
October 11th 2013: Received appointment letter
October 29th 2013: Interview (Approved) :DD
November 6th 2013: Visa in hand :DD ♥
November 19th 2013: POE, Newark International Airport
November 22nd 2013: Driving from NY to GA
November 25th 2013: Wedding♥

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The amount of time out of the US will be a factor.

Seems like the issue now is where will you be living once you return to the US. Also, is he planning on moving forward with AOS with you? The interview?

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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No where I will be living isnt an issue. I need to know if im able to file the removal of conditions from outside the U.S and possibly get my biometrics taken here in the UK as I'll be too heavily pregnant to fly.

August 13th 2012: Met online on BF3 for PS3 wink.png
October 15th 2012: Connected via email, Facebook and were on Skype 24/7
November 14th 2012: Started our relationship
February 8th 2013: He traveled to the UK and we met for the first time ♥
February 14th: He proposed (eeeeeek)
April 19th 2013: Mailed our I-129F to VSC
April 30th 2013: He shipped off from the UK to U.S Army Boot Camp for 3 and a half months (waaaaa) sad.png
July 9th 2013: Transferred to TSC
July 23rd 2013: Approved biggrin.png (No RFE's)
August 19th 2013: NVC received packet
August 20th 2013: Case number received
August 21st 2013: Case left NVC and sent to Embassy
August 27th 2013: Embassy received case
September 10th 2013: Packet 3 received
September 11th 2013: Packet 3 returned
October 8th 2013: Medical
October 11th 2013: Received appointment letter
October 29th 2013: Interview (Approved) :DD
November 6th 2013: Visa in hand :DD ♥
November 19th 2013: POE, Newark International Airport
November 22nd 2013: Driving from NY to GA
November 25th 2013: Wedding♥

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You can mail your application from anywhere while you are temporarily away so it arrives before the GC expires. Your receipt will extend the GC one year. He would have to mail that to you for your return. You can reschedule the biometric appointment If it comes too soon. Then once you get back you can sort out if you are going to do this alone or together. You don't have to charge him with abuse. Sometimes marriages just don't work out. As long as you have evidence of togetherness prior to separation, you can still be granted the 10 year card.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Okay so I wont have a problem filing from outside the US?

I'll be back in the US in September after my child is born. Should I include in the packet a detailed explanation that I'm pregnant and that we are separated and give them the date that we separated?

August 13th 2012: Met online on BF3 for PS3 wink.png
October 15th 2012: Connected via email, Facebook and were on Skype 24/7
November 14th 2012: Started our relationship
February 8th 2013: He traveled to the UK and we met for the first time ♥
February 14th: He proposed (eeeeeek)
April 19th 2013: Mailed our I-129F to VSC
April 30th 2013: He shipped off from the UK to U.S Army Boot Camp for 3 and a half months (waaaaa) sad.png
July 9th 2013: Transferred to TSC
July 23rd 2013: Approved biggrin.png (No RFE's)
August 19th 2013: NVC received packet
August 20th 2013: Case number received
August 21st 2013: Case left NVC and sent to Embassy
August 27th 2013: Embassy received case
September 10th 2013: Packet 3 received
September 11th 2013: Packet 3 returned
October 8th 2013: Medical
October 11th 2013: Received appointment letter
October 29th 2013: Interview (Approved) :DD
November 6th 2013: Visa in hand :DD ♥
November 19th 2013: POE, Newark International Airport
November 22nd 2013: Driving from NY to GA
November 25th 2013: Wedding♥

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Filed: IR-1/CR-1 Visa Country: India
Timeline

Okay so I wont have a problem filing from outside the US?

I'll be back in the US in September after my child is born. Should I include in the packet a detailed explanation that I'm pregnant and that we are separated and give them the date that we separated?

Since you are not permanently moving to UK, you are not changing your address. So technically you are still at the US address. You do need to send in your application before the conditional GC expires and within the 90 day window of GC expiring (I believe you said July). So most likely you can send your application in right now. But in your case since you really don't want the biometric appointment right away it makes sense to wait till the very end of that window. Also, you have to reschedule it if necessary.

Since you are seperated and most likely going to apply for a divorce, you would want the joint filing requirement be waived. But in such a case, you will have to submit evidence that your removal would result in "extreme hardship" to you. To my understanding, you application won't be processed until you submit the final divorce decree.

IR-1/CR-1 Visa
Service Center : National Benefits Center; Consulate : Mumbai, India; Marriage (if applicable): 2013-07-05
USCIS
I-130 Sent : 2013-07-20; I-130 NOA1 : 2013-07-26; I-130 Transferred to CSC: 2014-01-13; I-130 Approved: 2014-01-22
NVC
NVC Received: 2014-02-03; AOS Bill Shows PAID: 2014-03-19
NVC Case # and IIN Assigned: 2014-03-11; AOS Package Delivered: 2014-03-21;
Submitted/Completed DS-261 online: 2014-03-12; AOS Package Touched: 2014-03-25;
Receive & Pay AOS Bill : 2014-03-13; AOS Package Approved: 2014-04-08
AOS Package Mailed (USPS Priority): 2014-03-18;
IV Bill:
Receive & Pay IV Bill: 2014-03-24; False Checklist for Civil Documents: 2014-04-07
IV Bill Shows PAID: 2014-03-26; Case Completed at NVC: 2014-04-16;
IV Package Mailed (USPS Priority): 2014-03-26; Case Complete Email Received: 2014-04-23
IV Package Received by NVC: 2014-03-31; Interview scheduled: 2014-05-01;
IV Package Touched: 2014-04-03 (still in review); IL Email Received: 2014-05-01
DS-260 Available/Completed/Submitted: 2014-03-27
Consulate: Mumbai
Fingerprinting & Photo: 2014-05-09 Medicals: 2014-05-19
Interview: 2014-06-04 Visa Approved CEAC Website Status "Issued": 2014-06-05
USCIS ELIS Fee Paid: 2014-06-08 Passport w/Visa Received: 2014-06-09
POE (LAX): 2014-07-20 SS# Received: 2014-07-28
Actual GC received 2014-08-30
CA ID Received: 2014-09-02.
First job in USA (yeeeh!!!) starting: 2014-09-22
Taking driving lessons....!!!!

ROC
Application Sent: 2016-04-26
NOA1:2016-04-28
Biometrics: 2016-06-02 (early walk-in on May 31st)

ROC Approval Email and Online Status Change - 2016-11-07
Google Doc for April 2016 filers: https://docs.google.com/spreadsheets/d/12Mb-ALcbwQbYafLj4vFaEMjSGD-wfjtrycs3ul8QlUo/edit?pref=2&pli=1#gid=0

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File jointly as normal (as you are still married) with no mention of divorce. It makes it a whole lot easier and (despite what some would suggest) it is not fraud, As you are married and have not commenced divorce proceedings yet and there is no legal seaparation order or anything in place at this time, you can still file jointly. Including something about the pregnancy - a scan or something- will probably help your case also.

If it is all done without an interview, then no problem.

If you do get an RFE, still no issue, just send in what they ask for

If you do get called for an interview, that is when you say that you are in the middle of a divorce, and they will add the waiver, and you will be approved when your divorce is final and you provide them with the paperwork proving this.

Yes, you can send your packet from outside the US - I did. Put your US address down as normal as if you are filing from within the US, as you are only overseas temporarily to give birth. Perhaps you are giving birth overseas due to the high cost of birth in the US and the good old NHS, or in order to have the support of your UK family. Whatever, being in the UK temporarily is not an issue.

You can't have your biometrics done in the UK (I wanted to do this myself and made enquiries) unless you are there due to your US spouse working overseas for the govt or military, so I suggest you file as late as possible in July- my packet I sent next day fedex just a couple of days before expiry so as long as it is there by that date it isn't an issue.

You should get your biometrics appointment within a few months, but you can always change it to delay it further if it comes too soon. I reckon if you file in July, you will get your biometrics for sept/oct, which should fit in with your timeline.

You MUST ensure that your husband forwards on the 1yr extension letter to you (not a scan as it is watermarked paper) or you will have trouble boarding to fly back to the US with an expired card. Don't forget that you will need to get your child a passport in order to fly back too.

Vermont are taking so bloody long to process at the moment. you may well have your final divorce documents in hand before they even get around to looking at your file, so don't worry about it too much.

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

 I-751 Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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Filed: K-1 Visa Country: Wales
Timeline

She is not entitled to free NHS treatment, I assumed it is due to family and friends. She mentioned she has Insurance.

“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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