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RocioS

Divorced but back with my ex husband

By RocioS in Removing Conditions on Residency General Discussion

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TNJ17 Proficient

TNJ17   1,329

Posted
Filed: K-1 Visa Country:
Timeline
Posted

You can use a divorce waiver to remove conditions. You don’t have to remarry him. You’ll have to prove the marriage was entered in good faith, it won’t be hard to do that since you’re back together. You can use that to prove it. 

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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
4 minutes ago, TNJ17 said:

it won’t be hard to do that since you’re back together. You can use that to prove it. 

I'd disagree with this. It won't hurt and I do suggest mentioning it so they have all the facts available. At the same time, one could argue that maybe "they realized that they needed to go through ROC so they're only back together for that".

I would suggest approaching ROC the same way you would do even if you didn't get back together.

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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ASMS Enthusiast

ASMS   86

Posted
Filed: IR-1/CR-1 Visa Country: Venezuela
 Timeline
Posted (edited)
16 minutes ago, RocioS said:

I came here 2 years ago and got my green card September 2016, I ended up divorcing my husband, but got back together with him last year, this year I have to file papers to remove the condition.  Would I have to re marry him to be able to remove the condition? 

I wonder if the question about re marrying is because she changed her mind or for having an easier ROC.

Edited by ASMS
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Ontarkie Grand Master

Ontarkie   13,915

Posted
Filed: Citizen (apr) Country: Canada
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Posted

~~Moved to ROC, from IR1/CR1 Progress Reports. - The OP will be starting ROC soon.~~

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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mindthegap Experienced

mindthegap   2,521

Posted
Filed: Lift. Cond. (pnd) Country: United Kingdom
 Timeline
Posted

Despite being divorced you can still file the I-751 jointly

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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RocioS Newbie

RocioS   0

Posted
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What is ROC.  The whole story is this I met my husband 14 years ago.  We got married because we were in love.  For me adapting to this country was very difficult, we were fighting all the time and that’s when we decided to get a divorce, it was impulsive.  I am back with him because we want to be together.  I don’t care if we are not married, but since I have the temporary green card, I don’t know if that’s going to be a problem. 

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Dutchster Proficient

Dutchster   1,106

Posted
Filed: Citizen (apr) Country: Netherlands
 Timeline
Posted (edited)
19 hours ago, ASMS said:

I wonder if the question about re marrying is because she changed her mind or for having an easier ROC.


How about you try to have an open mind and give advice instead of judging her/assuming fraudulent?

Edited by Dutchster

01/13/2016: I-129F filed  07/15/2016: K-1 visa in hand
10/13/2016: Filed AOS + EAD/AP.   07/07/2017: Permanent resident (Conditional)
04/16/2019: Filed ROC  11/17/2020: Approved. (10 yr GC)

 

Naturalization                                                        
09/02/2020: Filed (Online)    09/08/2020: NOA1: (NBC) 
10/22/2020: Biometrics Reuse Notice.  12/22/2020: Online Status Changed to Interview Was Scheduled.  
01/29/2021: N-400 Interview - PASSED! 01/29/2021: Same-day oath ceremony.  
'Merica. 

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ASMS Enthusiast

ASMS   86

Posted
Filed: IR-1/CR-1 Visa Country: Venezuela
 Timeline
Posted
2 hours ago, Dutchster said:


How about you try to have an open mind and give advice instead of judging her/assuming fraudulent?

How about you not having such naive attitude or defensive when there's not actually a way to prove any of this? is up to me what I think as long I don't make any accusations.

Meanwhile, like I said, I was "Wondering".

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