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wife and I submitted paperwork, now we are separated...what to do? please help

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Hi, everyone.

I'm in a weird situation here and need some help. My wife filed for her removal of conditions back in December, and received notice back from USCIS.

However, in January, we had a HUGE falling out and she has moved out and gotten her own place. She and I still speak, and we are working to rebuild our relationship through counseling.

Here's the issue...I'm sure it won't be much longer until she gets her appointment for the interview. When she goes in, she obviously can't say she and I are still together, because we are currently separated. If she says that, she'd be lying...and surely they would find out.

We don't know what to do. We have considered filing for a divorce, and then entirely refiling for removal of conditions, but we don't want to just divorce each other for immigration purposed, only to remarry later after we have worked things out through counseling (hopefully).

Can anyone give any guidance on what to do? :/

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hi

she won't have an interview unless they consider the marriage is a fraud, if not enough evidence was sent they can request additional evidence or directly request an interview for both of you

most of the time they send the card in the mail if everything is ok

try to make things work, if not, and you divorce, she will have to reflie as divorced

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Agree that it is very, very rare to interview for removing conditions.


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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Agree that it is very, very rare to interview for removing conditions.

hi

she won't have an interview unless they consider the marriage is a fraud, if not enough evidence was sent they can request additional evidence or directly request an interview for both of you

most of the time they send the card in the mail if everything is ok

try to make things work, if not, and you divorce, she will have to reflie as divorced

So then would all of you agree that it should be safe for she and I to just wait for the process to run its course, and she will more than likely receive her 10-year green card without the need for an interview? We sent plenty of pics together, family pics (her with my family), shared phone bills, shared credit cards, proof she's my beneficiary for my military life insurance (i'm active duty), and so on.

Also, if an interview IS requested...what are our options then? We don't want to lie to them, but we also don't want to risk her getting denied, and then she ends up getting sent back to England and we don't get the opportunity to save our marriage.

Thanks again for the replies!

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My wife is convinced she needs an attorney for this matter, and I think it's crazy to drop $3000 for an attorney for this. That's a lot of money. Apparently, attorneys are telling her she will definitely need an attorney and they can help her.

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Attorneys only want money. You're getting good advice here.

Just let it runs it's course. If your wife insists on getting an attorney, tell her she needs to pay for it.

It's an absolute waste of money and to be honest they may try to get her to go a route that ends in the same results that will only cost MORE money.


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Interview: No Interview or VW
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I can't advise her on what to do.

She married in good faith. She is still married. Her application was absolutely true when you signed it. She could still get her 10 year greencard even if she wasn't married with the same evidence plus a divorce decree. You are not convinced there will be a divorce and hope to attend counseling. Nobody has filed for divorce. I guess my opinion is the marriage is a little shaky but not over so she still qualifies based on what she filed.

Now if she is convinced it is over, has met somebody else, staged the blow-up, maybe moved in with him, and wants to file for divorce ASAP so she can marry him and not wait until the end of summer to marry...well that is a different story. In that case she will have to withdraw her application. file again ticking the waiver box, get an RFE for the divorce decree and sort it out. The removing conditions forum will have more details about what happens when there is no divorce decree yet and the RFE for it. I have forgotten how that works.

You need to find out her real story. It may be different from yours.

Edited by Nich-Nick

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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Hi, everyone. I posted this in the AOS forum, and someone recommended I post here. Sorry about that.

Anyway, my wife and I submitted paperwork for her 10-year green card back in December and we received notice back from the USCIS they received it. Since then, we had a HUGE falling out. She has moved out of our home and got her own place.

Here is the issue. We want to work on our marriage and we are going to attend marriage counseling together. If she gets called in for an interview, what is she supposed to say? She can't say we are living together still, because that's lying. Will they just automatically deny her and revoke her green card and work authorization here? She has a great job. Our paperwork has tons of pics, family pics (with my family), vacation pics, shared phone bills, shared credit cards, life insurance, etc.

The two of us have wondered if it would be better for us to divorce, and for her to then refile. But we don't want to divorce now, just for immigration, then get remarried later when we work things out (hopefully). Should we do that and just divorce now or is that a bit extreme?

Any guidance is sincerely appreciated. Thank you all!

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Hi, everyone. I posted this in the AOS forum, and someone recommended I post here. Sorry about that.

Anyway, my wife and I submitted paperwork for her 10-year green card back in December and we received notice back from the USCIS they received it. Since then, we had a HUGE falling out. She has moved out of our home and got her own place.

Here is the issue. We want to work on our marriage and we are going to attend marriage counseling together. If she gets called in for an interview, what is she supposed to say? She can't say we are living together still, because that's lying. Will they just automatically deny her and revoke her green card and work authorization here? She has a great job. Our paperwork has tons of pics, family pics (with my family), vacation pics, shared phone bills, shared credit cards, life insurance, etc.

The two of us have wondered if it would be better for us to divorce, and for her to then refile. But we don't want to divorce now, just for immigration, then get remarried later when we work things out (hopefully). Should we do that and just divorce now or is that a bit extreme?

Any guidance is sincerely appreciated. Thank you all!

What you received is NOA 1 that is acceptance of your documents after this you will receive NOA2 that is approval from USCIS (provided all papers are okay) or else you will receive RFE if they need anything from you, based on your approval case will pass to NVC and then there is a stage you need to pay fees. I think you will have one year to pay fees and submit your documents of AOS and D260. If they didnt hear anything from you case will automatically dismissed after notification or may be a try from NVC to ask you to pay the fees.I think from what you say if your trying to remove condition and she already have green card then you guys will be called for biometric interview and for sure in this case I dont know. I hope you guys patch up again, try to explain her divorce is not solution of anything.Try to improve your mistake and try to communicate with her. Good luck.

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There's no need to divorce. As long as she is honest at the interview, she could get her 10 year GC even if you guys were divorced. If they believe the marriage was entered into in good faith, that would potentially be enough to satisfy them.

Just be honest, show all the evidence of your lives together, and that you are trying to work things out. It should be fine.

Edited by TwoChickies

 

~12-25-2006: met online (a blog site)
05-01-2013: FINALLY MET IN PERSON! in Canada
05-04-2013: finally became a couple
06-14-2014: got engaged
08-08-2014: got married in Canada
09-18-2014: sent I-130 via UPS, 142 pages in total
09-19-2014: I-130 arrived and signed for
09-24-2014: NOA1 text & hard copy received same day, Vermont Service Center
11-20-2014: NOA2 (I-130 approval!) hard copy received, 57 days from NOA1


12-08-2014: NVC received case
01-14-2015: case number and IIN number received via email
01-14-2015: DS-261 submitted
01-14-2015: AOS fee paid
01-22-2015: IV fee paid
01-24-2015: DS-260 submitted
01-25-2015: AOS and IV documents submitted electronically
02-18-2015: petitioner's proof of US domicile submitted electronically
02-25-2015: email confirmation received (31 days after sending!), scan date of 01-26-2015 <--60 day wait starts
03-24-2015: email confirmation received (34 days after sending!), scan date of 02-18-2015 <--60 day wait starts (a 2nd time)
03-31-2015: case completed at NVC! 2/18 documents got reviewed with the 1/26 ones, 64 days from original scan date

 

04-07-2015: case complete email received
04-22-2015: interview date email received
05-13-2015: medical in Montreal

05-19-2015: picked up medical results
05-20-2015: interview in Montreal --- APPROVED!, 238 days from NOA1

05-25-2015: passport/visa received!

05-30-2015: POE, Calais/St Stephen land crossing, 248 days from NOA1

06-03-2015: paid ELIS fee

06-10-2015: SSN received

07-02-2015: green card received!


03-13-2017: sent I-751 via USPS to Vermont Service Center, 156 pages in total 
03-14-2017: I-751 arrived and signed for

03-23-2017: NOA1 received, dated 03-16-2017

04-07-2017: biometrics appointment letter received 
04-18-2017: biometrics appointment 

02-05-2018: I-751 approval received!, dated 02-01-2018

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The above advice is not quite correct.

After the NOA is the biometrics letter. This is the one you take to their office to get fingerprinted and have your photo taken. In a few instances, some applicants do not need to redo their biometrics.

After the biometrics, either approval occurs OR you get an RFE -Request For Evidence - if your evidence was weak or insufficient or you were randomly chosen (that sucks). Here is where you would resubmit evidence.

After this, either you are approved or in the case of an RFE, you are approved OR your resubmittal is still considered insufficient AND you are scheduled for an interview.

After the interview, you are either approved or denied.

Both interviews and denials are very rare. Interviews are not scheduled until after an RFE, IF YOU GET ONE AT ALL.

No fees are paid and approval never precedes biometrics.

REMEMBER, the ROC process is not a measure of if your marriage failed or not. It is a test of whether or not you can prove your marriage was entered into in good faith. If your paperwork was up to par, I foresee no problems. If you divorce, you will need to refile under the appropriate waiver form. If you get an RFE and by chance it leads to an interview, proof of marriage counseling is actually in your favor.

Good luck! :)


 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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What you received is NOA 1 that is acceptance of your documents after this you will receive NOA2 that is approval from USCIS (provided all papers are okay) or else you will receive RFE if they need anything from you, based on your approval case will pass to NVC and then there is a stage you need to pay fees. I think you will have one year to pay fees and submit your documents of AOS and D260. If they didnt hear anything from you case will automatically dismissed after notification or may be a try from NVC to ask you to pay the fees.I think from what you say if your trying to remove condition and she already have green card then you guys will be called for biometric interview and for sure in this case I dont know. I hope you guys patch up again, try to explain her divorce is not solution of anything.Try to improve your mistake and try to communicate with her. Good luck.

This is not applicable here, you are referring to applying for an IR-1/CR-1 visa. The OP is removing conditions on their green card, not applying for a visa.

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Please tell your wife NOT to hire an attorney. An attorney will add NOTHING to your case! which is actually quite simple currently. There is nothing more for you to do unless you file for divorce. Even if you both decide to divorce, the case is still very simple: apply with a divorce waiver form.

I'm sorry, an attorney at this stage adds just 1 thing to the case - a large fee to do absolutely nothing. There is no refiling right now. In the case of divorce, printing out the form and resubmitting evidence is the "process". $3,000 for that? No.


 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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