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CRI89, PETITION TO REMOVE CONDITIONS OF PERMANENT RESIDENT STATUS RECEIVED

#1 pewra82

pewra82

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Posted 25 November 2007 - 11:52 PM

Before expiration of my 2 years conditional green card i filed for divorce. When divorce was finalized I filed to remove conditions of pernament residency.

I received below letter from INS.

On July 25, 2007, we received this CRI89 PETITION TO REMOVE CONDITIONS OF PERMANENT RESIDENT STATUS RECEIVED, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our VERMONT SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

On 08/21/2007 I had my biometrics done. My on line case status was updated on 09/13/2007, since then I have not hear anything.

I was wondering what is the next step. I did receive letter saying that my legal status was extended till August 2008, while they processing my case. How long does it take to receive final answer?

Im worrying a lot. I have been living in US for 5 years, I pay taxes, Have high line of credit that I owe; school, car.. Do they still can denied my petition?


Thanks.
  • 0

#2 Sid and Nancy

Sid and Nancy

    Platinum Member



Posted 26 November 2007 - 12:47 AM

This should be in the Removing Conditions forum.

Yes, they can deny you. If they deny you, the case would go before the Immigration Judge, and then the USCIS would have to prove you entered your marriage solely for the purposes of obtaining a green card. If your spouse has letters from you where you confess you never loved him and only wanted to marry for a green card or if he has your letters/emails to your friends and relatives where you talk about the same thing, or any other solid evidence of fraud, USCIS will definitely succeed. Otherwise, if you have some good evidence of the opposite - that you entered the marriage in good faith, the USCIS might have a hard time proving fraud.

You will have a hard time staying if you have a criminal record, even if your marriage was bona fide.

Also, keep in mind - USCIS can process your case for as long as they wish just to drag it out or for whatever reason. It's also good to have a lawyer even with a straightforward waiver case, I hope you have one. Good luck smile.gif
  • 0
Filed AOS from F-1
Green Card approved on 01/04/07
Conditions removed 01/29/09

#3 saratara

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Posted 26 November 2007 - 01:01 AM

When you apply for removal conditions you need to be married that is very important, and you supposte to have an interview with immigration together with your wife, and you need to prove that you have been living together, and that you are going to be together.
I mean that is why we get green card first for 2 years if is marriage less then 2 years. They wanna make sure that we are not getting into marriage for other purposes.
Anyway, I think that they going to deny you. I am sorry.
  • 0

10-15-2007 Mailed AOS Packet10-16-2007 10:18 AM AOS package delivered
10-23-2007 NOA1 for I-130, I-485 and I-765
10-24-2007 checks cashed

11-20-2007 Biometrics appointment
11-01-2007 RFE
12-14-2007 Response to RFE and case processing has resumed
01-11-2008 Interview letter recevied
01-14-2008 EAD Card production ordered
01-25-2008 EAD card received
02-21-2008 Interview in Garden City:Approved
03-06-2008 Card production order
03-06-2008 I-130 Approval notice sent
03-06-2008 I-485 Notice mailed welcoming the new permanent resident
03-11-2008 I-130 Approval notice and welcome letter received
03-18-2008 I-485 Approval notice sent
03-20-2008 Received Green Card!!!

Removing conditions:
01-07-2010 I-751 packet sent
01-11-2010 11:00am packet delivered
01-25-2010 Biometric letter received dated for 02/11/2010
03-03-2010 Card production order
03-11-2010 Received Green Card!
 

Citizenship:

 

04-05-2013 application for naturalization received by uscis

05-06-2013 biometrics appointment 

07-24-2013 citizenship test appointment - pass!! smile.png

08-07-2013 Oath ceremony - Naturalization approved smile.png

 
 
* Happily married with 2 babies star_smile.gif star_smile.gif
 
 

#4 Sid and Nancy

Sid and Nancy

    Platinum Member



Posted 26 November 2007 - 03:25 AM

QUOTE (saratara @ Nov 25 2007, 10:01 PM) <{POST_SNAPBACK}>
When you apply for removal conditions you need to be married that is very important, and you supposte to have an interview with immigration together with your wife, and you need to prove that you have been living together, and that you are going to be together.
I mean that is why we get green card first for 2 years if is marriage less then 2 years. They wanna make sure that we are not getting into marriage for other purposes.
Anyway, I think that they going to deny you. I am sorry.

Completely wrong. Please don't mislead people if you don't understand the removal of conditions process.

It saddens me how people misinterpret I-751 and everything that comes with it.

You DO NOT have to be married to remove conditions, all you need to do is prove the marriage was in good faith and not solely for immigration purposes. There is no requirement to have a viable marriage at the removal of conditions stage. You don't even need to read statutes and cases to figure that one out - it's enough to read the I-751 instructions.

Edited by Sid and Nancy, 26 November 2007 - 03:29 AM.

  • 0
Filed AOS from F-1
Green Card approved on 01/04/07
Conditions removed 01/29/09

#5 makaleza

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Posted 26 November 2007 - 03:54 AM

QUOTE (Sid and Nancy @ Nov 26 2007, 04:25 AM) <{POST_SNAPBACK}>
QUOTE (saratara @ Nov 25 2007, 10:01 PM) <{POST_SNAPBACK}>
When you apply for removal conditions you need to be married that is very important, and you supposte to have an interview with immigration together with your wife, and you need to prove that you have been living together, and that you are going to be together.
I mean that is why we get green card first for 2 years if is marriage less then 2 years. They wanna make sure that we are not getting into marriage for other purposes.
Anyway, I think that they going to deny you. I am sorry.

Completely wrong. Please don't mislead people if you don't understand the removal of conditions process.

It saddens me how people misinterpret I-751 and everything that comes with it.

You DO NOT have to be married to remove conditions, all you need to do is prove the marriage was in good faith and not solely for immigration purposes. There is no requirement to have a viable marriage at the removal of conditions stage. You don't even need to read statutes and cases to figure that one out - it's enough to read the I-751 instructions.


Once you divorce your wife who is the original petitioner, you will be automatically denied and your status will be terminated as of the day of your 2nd anniversary of receiving conditional permanent residency. My case is similar to yours and I'm presently in removal proceedings now. My crazy ex-spouse went ahead and withdrew the I-751 I spent time and money filing. Now I'm getting letters from immigration. I'm still worried even though I have remarried and I am expecting a baby soon. Its hard now since I don't have a status, so I cant work. They need to change that rule. Its not the best.
  • 0

#6 Sid and Nancy

Sid and Nancy

    Platinum Member



Posted 26 November 2007 - 04:15 AM

QUOTE (texas2tall4u @ Nov 26 2007, 12:54 AM) <{POST_SNAPBACK}>
QUOTE (Sid and Nancy @ Nov 26 2007, 04:25 AM) <{POST_SNAPBACK}>
QUOTE (saratara @ Nov 25 2007, 10:01 PM) <{POST_SNAPBACK}>
When you apply for removal conditions you need to be married that is very important, and you supposte to have an interview with immigration together with your wife, and you need to prove that you have been living together, and that you are going to be together.
I mean that is why we get green card first for 2 years if is marriage less then 2 years. They wanna make sure that we are not getting into marriage for other purposes.
Anyway, I think that they going to deny you. I am sorry.

Completely wrong. Please don't mislead people if you don't understand the removal of conditions process.

It saddens me how people misinterpret I-751 and everything that comes with it.

You DO NOT have to be married to remove conditions, all you need to do is prove the marriage was in good faith and not solely for immigration purposes. There is no requirement to have a viable marriage at the removal of conditions stage. You don't even need to read statutes and cases to figure that one out - it's enough to read the I-751 instructions.


Once you divorce your wife who is the original petitioner, you will be automatically denied and your status will be terminated as of the day of your 2nd anniversary of receiving conditional permanent residency. My case is similar to yours and I'm presently in removal proceedings now. My crazy ex-spouse went ahead and withdrew the I-751 I spent time and money filing. Now I'm getting letters from immigration. I'm still worried even though I have remarried and I am expecting a baby soon. Its hard now since I don't have a status, so I cant work. They need to change that rule. Its not the best.

The OP filed a waiver. Until the decision is made on her case, she will still be an LPR. In your case you filed a joint I-751, got divorced, and your spouse withdrew the joint petition and overall was being difficult. Hence the removal proceedings. The OP's spouse has nothing to do with her I-751 cause it was a waiver in the first place, so her status won't be terminated until the USCIS makes a decision on her case. It can take a while, but she won't be out of status.
  • 0
Filed AOS from F-1
Green Card approved on 01/04/07
Conditions removed 01/29/09

#7 saratara

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Posted 26 November 2007 - 10:17 AM

I apologize if I am wrong but I have friend who was denied because of it!
Maybe there is some way to work out!I wish you all Good luck!!!
  • 0

10-15-2007 Mailed AOS Packet10-16-2007 10:18 AM AOS package delivered
10-23-2007 NOA1 for I-130, I-485 and I-765
10-24-2007 checks cashed

11-20-2007 Biometrics appointment
11-01-2007 RFE
12-14-2007 Response to RFE and case processing has resumed
01-11-2008 Interview letter recevied
01-14-2008 EAD Card production ordered
01-25-2008 EAD card received
02-21-2008 Interview in Garden City:Approved
03-06-2008 Card production order
03-06-2008 I-130 Approval notice sent
03-06-2008 I-485 Notice mailed welcoming the new permanent resident
03-11-2008 I-130 Approval notice and welcome letter received
03-18-2008 I-485 Approval notice sent
03-20-2008 Received Green Card!!!

Removing conditions:
01-07-2010 I-751 packet sent
01-11-2010 11:00am packet delivered
01-25-2010 Biometric letter received dated for 02/11/2010
03-03-2010 Card production order
03-11-2010 Received Green Card!
 

Citizenship:

 

04-05-2013 application for naturalization received by uscis

05-06-2013 biometrics appointment 

07-24-2013 citizenship test appointment - pass!! smile.png

08-07-2013 Oath ceremony - Naturalization approved smile.png

 
 
* Happily married with 2 babies star_smile.gif star_smile.gif
 
 

#8 eau_xplain

eau_xplain

    Star Member



Posted 26 November 2007 - 11:08 AM

pewra82,

USCIS will adjudicate your case based on the evidence you have submitted. If you have submitted sufficient evidence to prove that your marriage was entered into in good faith, even though it ended up in divorce, then you should not worry about being denied. If USCIS feels that the evidence is lacking, they will send you an RFE. If they do deny a case for lack of evidence, they only do it after an RFE is not adequately fulfilled.
  • 0
08/17/08: Mailed N400 to TSC
08/19/08: USPS attempted delivery
08/20/08: TSC received N400
08/21/08: TSC cashed check
09/02/08: Received NOA...........Priority date: 08/20/08
..............................................Notice date : 08/22/08
09/02/08: Received Biometrics Notification
09/18/08: Biometrics completed - Charlotte DO
10/24/08: Received Interview Letter
12/08/08: Interview @ 1:00pm. APPROVED!
01/05/09: Oath Ceremony 10:00AM. Now officially a USC!!!

-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
01/17/09: Applied for US Passport and passport card
01/28/09: Received US Passport
01/29/09: Received US passport card
01/29/09: Received naturalization certificate back from passport office

#9 Georgian

Georgian

    Member

  • PipPipPip


Posted 27 November 2007 - 01:46 AM

QUOTE (saratara @ Nov 26 2007, 01:01 AM) <{POST_SNAPBACK}>
When you apply for removal conditions you need to be married that is very important, and you supposte to have an interview with immigration together with your wife, and you need to prove that you have been living together, and that you are going to be together.
I mean that is why we get green card first for 2 years if is marriage less then 2 years. They wanna make sure that we are not getting into marriage for other purposes.
Anyway, I think that they going to deny you. I am sorry.



Saratara,

You don't seem to know that much about Removing Conditions, so please don't mislead people. You don't need to be married to file for the removal of conditions. You can file after the divorce is finalized and if one can prove that the marriage was entered in good faith then 10 year green card wll appear in mail soon.



In this case my suggestion would be to hire a good immigration attorney.
  • 0

#10 pewra82

pewra82

    Newbie

  • Pip


Posted 17 December 2007 - 10:36 AM

QUOTE (Sid and Nancy @ Nov 26 2007, 12:47 AM) <{POST_SNAPBACK}>
This should be in the Removing Conditions forum.

Yes, they can deny you. If they deny you, the case would go before the Immigration Judge, and then the USCIS would have to prove you entered your marriage solely for the purposes of obtaining a green card. If your spouse has letters from you where you confess you never loved him and only wanted to marry for a green card or if he has your letters/emails to your friends and relatives where you talk about the same thing, or any other solid evidence of fraud, USCIS will definitely succeed. Otherwise, if you have some good evidence of the opposite - that you entered the marriage in good faith, the USCIS might have a hard time proving fraud.

You will have a hard time staying if you have a criminal record, even if your marriage was bona fide.

Also, keep in mind - USCIS can process your case for as long as they wish just to drag it out or for whatever reason. It's also good to have a lawyer even with a straightforward waiver case, I hope you have one. Good luck smile.gif

Edited by pewra82, 17 December 2007 - 10:39 AM.

  • 0

#11 pewra82

pewra82

    Newbie

  • Pip


Posted 17 December 2007 - 10:42 AM

QUOTE (Sid and Nancy @ Nov 26 2007, 04:15 AM) <{POST_SNAPBACK}>
QUOTE (texas2tall4u @ Nov 26 2007, 12:54 AM) <{POST_SNAPBACK}>
QUOTE (Sid and Nancy @ Nov 26 2007, 04:25 AM) <{POST_SNAPBACK}>
QUOTE (saratara @ Nov 25 2007, 10:01 PM) <{POST_SNAPBACK}>
When you apply for removal conditions you need to be married that is very important, and you supposte to have an interview with immigration together with your wife, and you need to prove that you have been living together, and that you are going to be together.
I mean that is why we get green card first for 2 years if is marriage less then 2 years. They wanna make sure that we are not getting into marriage for other purposes.
Anyway, I think that they going to deny you. I am sorry.

Completely wrong. Please don't mislead people if you don't understand the removal of conditions process.

It saddens me how people misinterpret I-751 and everything that comes with it.

You DO NOT have to be married to remove conditions, all you need to do is prove the marriage was in good faith and not solely for immigration purposes. There is no requirement to have a viable marriage at the removal of conditions stage. You don't even need to read statutes and cases to figure that one out - it's enough to read the I-751 instructions.


Once you divorce your wife who is the original petitioner, you will be automatically denied and your status will be terminated as of the day of your 2nd anniversary of receiving conditional permanent residency. My case is similar to yours and I'm presently in removal proceedings now. My crazy ex-spouse went ahead and withdrew the I-751 I spent time and money filing. Now I'm getting letters from immigration. I'm still worried even though I have remarried and I am expecting a baby soon. Its hard now since I don't have a status, so I cant work. They need to change that rule. Its not the best.

The OP filed a waiver. Until the decision is made on her case, she will still be an LPR. In your case you filed a joint I-751, got divorced, and your spouse withdrew the joint petition and overall was being difficult. Hence the removal proceedings. The OP's spouse has nothing to do with her I-751 cause it was a waiver in the first place, so her status won't be terminated until the USCIS makes a decision on her case. It can take a while, but she won't be out of status.



Thanks, You are very helpful.

My marriage wasn't perfect at all. Before we decided to separate my husband was threatened me with INS, calling my work constantly when I didn't pick up my cell, making scene in public places, sending nasty text messages (I still have them on my cell)..till I couldn't take it anymore...I filed a restraining order..

I didn't want him to get into trouble at work, so I made sure that they served the restraining order at his home... I just wonted him to give me a break...

I got a lawyer...she filed VAWA petition supported with petition to prove that the marriage was entered into in good faith...and it was.. I'm very sentimental person so I have saved airline tickets from our trips to Poland, birthday, valentines, anniversary cards, movie tickets, pix...etc..

I hope that I will receive my PGC.. I have been waiting to hear from INS since the case status was updated on 09/13/2007....my case is still pending.

I have filed my case in Vermont center. Does anyone know how long it takes to process those cases?
  • 0

#12 Nanusia & Lukaszek

Nanusia & Lukaszek

    Spectacular Member



Posted 17 December 2007 - 04:33 PM

Did you check out the timelines here on VJ?

http://www.visajourn...tli...1,12&cfl=

USCIS site says they are working on cases from 3/1/07, but we all know they usually aren't very accurate to follow in terms of timelines.

Good luck, and stay positive rose.gif
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