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My wife (US Citizen) will be abroad for around 2 years while I have to file for ROC

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Hey guys,

I'm a CGC Holder, issued through a K-1 visa. My wife (US Citizen) is goind to leave the US for something like 2 yearsor 3 to attend a master's degree in Europe and have some work experience abroad, around europe and/or the middle east in hotels. And obviously, we are planing to fill out the ROC jointly (while she is abroad) because we can't get divorced for this story... Do you have any advices in case of an interview is scheduled ? We are not sure how things will be going for her there, if she can take a few days to come back for the interview or not...

Thank's !!

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If called to an I-751 interview and your US citizen spouse fails to attend, it will probably result in an automatic denial.

Edited by Hypnos

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AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

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The good news is that they do not give a lot interviews for ROC applicants. However, living separately could possibly trigger one. If you submit plenty of evidence of your marriage though, you might be ok. If you are scheduled for an interview, your wife will need to return to the US long enough to attend with you.

~ Moved from K-1 Process to Removing Conditions - topic is filing ROC, not K-1 ~


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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~~Duplicate post merged. Please only make one thread for the same topic.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Are you accompanying her on this adventure?

Hi, No I'm not. I still didn't graduate yet, and I will graduate in a while, I can't ditch everything again and start from the beginning one more time, we are getting old lol and we must start building our life seriously now. Since she is leaving just for a period of time and for a good reason, we can manage that and visit each other everytime we get a chance.

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I tend to believe in "out of sight...out of mind".

Unless there is rock solid trust and bonding in the relationship,

I think for a newlyweds to live separately for extended period like 2 to 3 years

is going to really strain the relationship.

Is there a way for you to join her or her to achieve her goals in US together?


10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

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I tend to believe in "out of sight...out of mind".

Unless there is rock solid trust and bonding in the relationship,

I think for a newlyweds to live separately for extended period like 2 to 3 years

is going to really strain the relationship.

Is there a way for you to join her or her to achieve her goals in US together?

I second that! I cannot understand how a relatively newly married couple would seperate for 2-3 years but that's just me. It's not the norm, and it certainly isn't natural.

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As a current student, I can understand why it may be necessary to seperate for a few years while you finish school and she begins school. My question for you is this... when you graduate are you planning to join her? I did not see it mentioned if you are currently working as well as attending school.

If there is no way for you to physically move with her while she attends school, I would suggest you make a preliminary check of your documents now to see where you stand as it regards ROC. What do you have and what will they be looking for (the guides will help with this)? Also, how far into the move will you be filing ROC? Will it be a year (or more) after she leaves or just a few months?


Be Sober, Be Vigilant!

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Simple ques to ask yourself:

Do you two plan to stay married, in a bona fide, continual relationship until ROC? Submit documentary evidence to that effect, and you might be good to hopefully avoid triggering an interview.


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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we are planing to fill out the ROC jointly (while she is abroad) because we can't get divorced for this story...

This is the part I don't get... Why would you get divorced for this after finally obtaining a K-1, moving to the US and getting married to the person you love? Don't get me wrong, I do understand the situation you're in and it's important to achieve your professional goals... but why would you want that?


 

 

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As a current student, I can understand why it may be necessary to seperate for a few years while you finish school and she begins school. My question for you is this... when you graduate are you planning to join her? I did not see it mentioned if you are currently working as well as attending school.

If there is no way for you to physically move with her while she attends school, I would suggest you make a preliminary check of your documents now to see where you stand as it regards ROC. What do you have and what will they be looking for (the guides will help with this)? Also, how far into the move will you be filing ROC? Will it be a year (or more) after she leaves or just a few months?

I'm glad you understand our issue that only the ones who attended or are currently attending school can get. She is studying tourism and hotels management, a good international knowledge is very important for her studies and futur jobs in the US. I defenitly can't move with her, she will have her master's degree in Paris (in one year) and then have some experience in a few other countries and I will graduate in 3 years, I have a job here as well. she will leave approximately 7 months before ROC. We can visit each other during this separation, but nothing more. And I'm not happy about this story trust me...it's not that easy for us to get separate plus we have to deal with the immigration as well... We think we will hire a lawyer. We will never let the immigration show us the way we have to live together. Thank's a lot for your precious response.

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Simple ques to ask yourself:

Do you two plan to stay married, in a bona fide, continual relationship until ROC? Submit documentary evidence to that effect, and you might be good to hopefully avoid triggering an interview.

Of course we do and we will submit the evidence and see what's gonna happen.

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This is the part I don't get... Why would you get divorced for this after finally obtaining a K-1, moving to the US and getting married to the person you love? Don't get me wrong, I do understand the situation you're in and it's important to achieve your professional goals... but why would you want that?

We don't want that ! I said, we won't divorce, that means that I want her to go achieve her goals and professional plans then come back. It's not a conflictual situation between us. And we will visit each other everytime we get a chance.

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We don't want that ! I said, we won't divorce, that means that I want her to go achieve her goals and professional plans then come back. It's not a conflictual situation between us. And we will visit each other everytime we get a chance.

Ok, good :) When you said "we can't", it sounded as if you wanted, but weren't able to for some reason. Being from Europe, I know that your wife's major is a tough one and she does need the experience. I wish you both all the best and hope everything works out in the end!


 

 

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