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preet2016

Possibilities of getting permanent GC

By preet2016 in Effects of Major Family Changes on Immigration Benefits

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preet2016 Newbie

preet2016   0

Posted
Filed: Timeline
Posted

Hello all!!!! What are the possibilities/chances of someone to get permanent GC if after coming to the US the couple only stayed together for 9 months? In short-I'm a US citizen and married in 2013 and my husband came to US along with his daughter in April 2015. Due to severe domestic violence, abuse, threats etc I was able to obtain protective order against him and he left the house in February 2016. He did violate the protective order. Now since his GC will expire in April 2017, he would file for ROC (not sure if he already did). We are still married but living separately since Feb 2016. What are his possibilities of getting permanent GC without any evidence of entered marriage in "good faith"?

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Ontarkie Grand Master

Ontarkie   13,917

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

~~Moved to Effects of Major FAmily Changes, from IR1/CR1 - As similar topics are discussed here.~~

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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Boiler Grand Master

Boiler   43,437

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

He must have something, probably reasonable, just going by the cases I see on here.

“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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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)

It's possible, but without much evidence and abuse allegations (a protective order does not require even an arrest) it will be difficult. That said, my advise is to just move on - what he does immigration-wise is not really your concern anymore (except for the affidavit of support still likely being enforceable if those circumstances ever came up).

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Ash.1101 Experienced

Ash.1101   1,755

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted (edited)

Is there any reason you haven't started the divorce papers? Living separately for a year doesn't change that you're married, divorce holds a lot more weight than staying married does.

Edited by Ash.1101

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

 K-1:   2015 Done in 208 days - 212g for Second Cosponsor    

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              

                                         
 AOS:   2016 Done in 77 days - No RFE, No Interview                                                                    

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 
 


ROC:   2018 - 2019 Done in 326 days - No RFE, No Interview

Spoiler

 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

02/27/19 - Biometrics waived 

04/29/19 - New card being produced!
05/09/19 - USPS delivered green card! In hand now!

 

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KierenHby Experienced

KierenHby   897

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted
On 2/11/2017 at 10:58 PM, preet2016 said:

Hello all!!!! What are the possibilities/chances of someone to get permanent GC if after coming to the US the couple only stayed together for 9 months? In short-I'm a US citizen and married in 2013 and my husband came to US along with his daughter in April 2015. Due to severe domestic violence, abuse, threats etc I was able to obtain protective order against him and he left the house in February 2016. He did violate the protective order. Now since his GC will expire in April 2017, he would file for ROC (not sure if he already did). We are still married but living separately since Feb 2016. What are his possibilities of getting permanent GC without any evidence of entered marriage in "good faith"?

Why not begin divorce proceedings?  Any updates from the HSI guy you handed evidence of hubby's fraud to? 

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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preet2016 Newbie

preet2016   0

Posted
Filed: Timeline
  • Author
Posted
On ‎2‎/‎12‎/‎2017 at 9:25 PM, Ash.1101 said:

Is there any reason you haven't started the divorce papers? Living separately for a year doesn't change that you're married, divorce holds a lot more weight than staying married does.

One year separation time has already passed and I did file for divorce.

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preet2016 Newbie

preet2016   0

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Filed: Timeline
  • Author
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On ‎2‎/‎13‎/‎2017 at 3:34 PM, KierenHby said:

Why not begin divorce proceedings?  Any updates from the HSI guy you handed evidence of hubby's fraud to? 

I did start the divorce proceedings.There are no updates from the HSI guy that I'd handed over evidence in August 2016. I don't know what to do? Should I call them for an update? not even sure if they will provide any info.

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Boiler Grand Master

Boiler   43,437

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

I would not expect an update.

“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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KierenHby Experienced

KierenHby   897

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted
47 minutes ago, preet2016 said:

I did start the divorce proceedings.There are no updates from the HSI guy that I'd handed over evidence in August 2016. I don't know what to do? Should I call them for an update? not even sure if they will provide any info.

Did you have proof of him buying properties with his ex-wife, or once declaring himself 'dead'? An odd soap opera if true. 

 

Some things are beyond your control at this point. The time to check his past was before tying the knot. Some Indian men (he punjabi?) marry USCs simply to get a green card, and later divorcing USC spouses to marry someone back in India. The abuse might just be a bait. 

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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tuckin14 Enthusiast

tuckin14   58

Posted
Filed: Timeline
Posted

There is almost nothing you can do, and it's not really you're issue.

 

Even if divorce papers have been filed, you can choose to file for ROC with him.  If you choose not to, he will file with a divorce waiver.

 

You said he has "no evidence of entering the marriage in good faith."  Why do you say that?  Did you live together?  Did you co-mingle finances?  Do things together and hold yourself out as a married couple?

 

If you choose to, you can write to USCIS and tell them your side of the story.  They may or may not listen; if he's filing with a waiver you surely won't hear back from them.  For example, my ex-wife (who had scant evidence of her own) tried to use an envelope addressed to us both containing an invitation to my brother's wedding.  I told USCIS that she had this and suggested that, if she presented it, they ask her if she actually WENT to the wedding.

 

But if he files with a waiver, you don't control his application, he does.

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preet2016 Newbie

preet2016   0

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Filed: Timeline
  • Author
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1 hour ago, tuckin14 said:

There is almost nothing you can do, and it's not really you're issue.

 

Even if divorce papers have been filed, you can choose to file for ROC with him.  If you choose not to, he will file with a divorce waiver.

 

You said he has "no evidence of entering the marriage in good faith."  Why do you say that?  Did you live together?  Did you co-mingle finances?  Do things together and hold yourself out as a married couple?

 

If you choose to, you can write to USCIS and tell them your side of the story.  They may or may not listen; if he's filing with a waiver you surely won't hear back from them.  For example, my ex-wife (who had scant evidence of her own) tried to use an envelope addressed to us both containing an invitation to my brother's wedding.  I told USCIS that she had this and suggested that, if she presented it, they ask her if she actually WENT to the wedding.

 

But if he files with a waiver, you don't control his application, he does.

Hi tuckin14- when he came to US in April 2015, he never worked but only tortured me for about 8 months. We just stayed together for about 9 months after he came here. Then I'd to obtain protective order after I was done with this threats and abuses and tortures. I'd paid for all his expenses while we were together but when he was served with PO, I've no contact with him at all. He doesn't have any joint account with me, no credit card, no property, no utility bills, etc. The house we lived in was prior to our marriage under my name. I did file for taxes for 2015 in 2016 as married filing separately. That's what I meant that he doesn't have any legal proof that he can prove that marriage was entered in good faith. In fact after we were separated in Feb 2016, my sister supported him with all means. Now since November 2016 he is living with my sister - have joint bank accounts, own a house together and now working also and they are in relationship (I've proofs). I'd filed for divorce based on cruelty and adultery. He doesn't even have a letter or anything that came to us with both our names. Thank you.

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