Interview just took place (yesterday), Please note below

[Poker_Pro 0]

Well, I had my interview yesterday, I was there for over an hour

The officer was better than the previous one, at least gave me much more feedback

It did make me upset how she kept referring to that maybe we should let an immigration judge decide this and that they tend to be nice so i have options. I asked her flat am I being denied she said I did not say that, but you have a bad case

Basically

the first separation took place in july 04, green card came in the mail in October of 2004, then we went back and forth and she eventually took all her stuff out. She said she understands the financial trouble, but the initial separation came too soon, and I dont have much documents to provide jointly after the greencard arrived

I have car insurance bill that got cancelled,

joint tax returns for 2004

bank statement showing what we owe when we went in over draft

joint bankruptcy filed February 2005

I told her I understand the marriage went bad, but we had a terrible time, and I could not be asking my ex-wife to keep more and more things jointly when bankruptcy was at our door.

She said I should of stayed together longer before getting separated, I begged her to see that its NOT a scripted story, I was not going to ask my ex-to stay a little longer with all the fighting just so we look more joint on paper, i knew i was doing the right thing and all my worrys at the time was the unhealthy relationship.

She then said, and I SWEAR word for word, "well, if you have a girlfriend now that comes from a similar cultural background, marry her and she can sponser you, better than this case.

at the end she gave me her fax number and asked me to get an official transcript of 2004 taxes from IRS and fax to her, and the she stamped my passport for one year

It was devastating, I got my conditional back in 04, and now i am suppose to start allover again and file an i-485 like the one i did back in 2003

any thoughts

P.S.. she said she will check the LAW, but she does NOT believe that I was suppose to be granted Conditional residence since the separation came too quickly, even though divorce took place over a year later

[Bulanglang 1]

Well, I had my interview yesterday, I was there for over an hour

The officer was better than the previous one, at least gave me much more feedback

It did make me upset how she kept referring to that maybe we should let an immigration judge decide this and that they tend to be nice so i have options. I asked her flat am I being denied she said I did not say that, but you have a bad case

Basically

the first separation took place in july 04, green card came in the mail in October of 2004, then we went back and forth and she eventually took all her stuff out. She said she understands the financial trouble, but the initial separation came too soon, and I dont have much documents to provide jointly after the greencard arrived

I have car insurance bill that got cancelled,

joint tax returns for 2004

bank statement showing what we owe when we went in over draft

joint bankruptcy filed February 2005

I told her I understand the marriage went bad, but we had a terrible time, and I could not be asking my ex-wife to keep more and more things jointly when bankruptcy was at our door.

She said I should of stayed together longer before getting separated, I begged her to see that its NOT a scripted story, I was not going to ask my ex-to stay a little longer with all the fighting just so we look more joint on paper, i knew i was doing the right thing and all my worrys at the time was the unhealthy relationship.

She then said, and I SWEAR word for word, "well, if you have a girlfriend now that comes from a similar cultural background, marry her and she can sponser you, better than this case.

at the end she gave me her fax number and asked me to get an official transcript of 2004 taxes from IRS and fax to her, and the she stamped my passport for one year

It was devastating, I got my conditional back in 04, and now i am suppose to start allover again and file an i-485 like the one i did back in 2003

any thoughts

P.S.. she said she will check the LAW, but she does NOT believe that I was suppose to be granted Conditional residence since the separation came too quickly, even though divorce took place over a year later

Are you applying for Conditional Residency? or Petition to remove the condition of your PR?

So you were separated before you were granted with a Conditional green card?

Do you have any affidavit of support from friends that you have had a legit marriage?

I am in a similar situation like yours but applying to remove the condition from my PR. I will be applying soon, still gathering all my paper work...

[Poker_Pro 0]

Bulanglang - thank you for reading my words

I am applying to remove conditions on my PR,

We did separate before I even knew I was approved

I have affidavit from two close friends that knew the relationship, and from my ex-herself

[Bulanglang 1]

Bulanglang - thank you for reading my words

I am applying to remove conditions on my PR,

We did separate before I even knew I was approved

I have affidavit from two close friends that knew the relationship, and from my ex-herself

[Chica Yeyé 41]

Seems like a complex case since indeed the separation took place before you received conditional LPR status in the first place. Perhaps it would be a good idea to consult with an attorney.

Good luck, L.

[Poker_Pro 0]

Seems like a complex case since indeed the separation took place before you received conditional LPR status in the first place. Perhaps it would be a good idea to consult with an attorney.

Good luck, L.

Thanks, but already had two interviews,. not quite sure what an attorney will do now.. since the INS officer told me to send her the the official transcript of the tax forms, and then make her decision

[AussieDude 0]

Could you list a clearer timeline because I am having trouble understanding your situation. What visa did you initially come on, did you go through an AOS procedure or DCF/IR1/CR1 etc. Did you get married after you moved or before etc.

[Bulanglang 1]

Bulanglang - thank you for reading my words

I am applying to remove conditions on my PR,

We did separate before I even knew I was approved

I have affidavit from two close friends that knew the relationship, and from my ex-herself

So, you applied a WAIVER to remove that condition. Your interview was yesterday and you do not know if you get an approval or denied - right? For now, your application is in the process and that is why they stamped your passport for one year...

When did you get a divorce? When did you applied for the waiver to remove your condition?

Have you submitted documents that would show you did lived together? the before and after the separation/divorce...did you submit a letter regarding your marriage situation?

We have a very similar case...I am just curious what else the immigration officer wanted to see and to have and/or to show that you did have a bonafide marriage...

[AussieDude 0]

Hey Poker_Pro, thanks for the timeline. I was getting confused about how you got seperated before the conditional was granted.

One positive thing you have is that you were married for a good year and a half before you seperated. The thing is, a lot of conditionals who have come here after they were married (through DCF for example) and later became seperated probably were married no more than you were.

Do you have evidence for a joint life from 2003 and 2004?

Its puzzling that she said conditional was granted too quickly as you had already been married for a year when it came through. (I'm not too familiar with the AOS process so I can't really comment on that)

Edited July 15, 2008 by AussieDude

[cherr1980 1]

Hey Poker...hang in there buddy.

The issue in his case is that he got separated BEFORE the approval of the I-485, that this adjudicator considered that he should not be granted the CR at the beginning is something different, but at the time of his I-485 interview it was approved based in the fact that he and his wife were able to demostrate that they, indeed, had a comingled life AT THE TIME from the marriage until the interview. A thin line? of course. That USCIS in the worst case can revoke that...I am not sure. But I haven't found anything that states that because of it a person should not be granted the I-485.

I heard from other people that sometimes get in front of a IJ is not as bad, as long you are with a good lawyer, since you for sure will get a final answer instead of this back and forth with USCIS.

Continuing, he got approved for his CR but he really did not have a comingled life AFTER that, because the separation.

Poker get a specific timeline so people can get a better idea/clue of your situation...since marriage, interview date, separation, approval, etc.

Now, of course, for I-751 you must proof that not only you enter in the marriage in good faith but since you were given a CR status you HAD a comingled life with your spouse...which he, basically, has few or non existence.

I think his case is unique...giving the fact, that really many external factors make a toll in the marriage. In bankruptcy how you get credit cards or things together? ridiculous...if the financial situation make a hole in your marital life?? Difficult.

Poker, I would suggest that you get credit reports to see how they were at that time...get more info from your previous financial institutions.

His other situation is that it has past so many months/years since the original filing that of course many things can be lost or difficult to retrieve and still is consider a burden in the alien not USCIS.

Hang in there...for me if you were really going to be denied she would not ask you for the tax transcripts, which that means...didn't you have those with you or they were not in the file? and if she wanted to denied you she would not stamp your passport at all. So there is hope.

Good luck.

[cherr1980 1]

Hey Poker_Pro, thanks for the timeline. I was getting confused about how you got seperated before the conditional was granted.

One positive thing you have is that you were married for a good year and a half before you seperated. The thing is, a lot of conditionals who have come here after they were married (through DCF for example) and later became seperated probably were married no less than you were.

Do you have evidence for a joint life from 2003 and 2004?

Its puzzling that she said conditional was granted too quickly as you had already been married for a year when it came through. (I'm not too familiar with the AOS process so I can't really comment on that)

She considered that he shouldn't be granted because they were separated or already on it...the thing is that they don't consider anything (how long) you have been marry before you are approved for a I-485, that can come as questions in the interview but is not basis for approval, only for expiration purposes of the GC (2 yrs CR / 10 yr). It's obvious that how slow are the process you sometimes are almost marry a year or more when you get approved. Not everybody file the same month or the week before you got marry.

Exactly because of people who are really commiting fraud, marry, wait for get the approval of I-485 and right there divorce and of course then file for the I-751 waiver (abusing of it of course) THAT is the main problem for the people who seriously are applying under I-751 waiver. There are people who won't care to wait for a couple of months just for that purpose...boils my blood. For THAT same people, is that we all are stuck with 2 yr GC. When people abused of the syste.."we the people" the system reacts and not necessary thinking in the "good we the people".

Poker I sent you a PM at ImmPortal.

[Poker_Pro 0]

Hey Poker_Pro, thanks for the timeline. I was getting confused about how you got seperated before the conditional was granted.

One positive thing you have is that you were married for a good year and a half before you seperated. The thing is, a lot of conditionals who have come here after they were married (through DCF for example) and later became seperated probably were married no more than you were.

Do you have evidence for a joint life from 2003 and 2004?

Its puzzling that she said conditional was granted too quickly as you had already been married for a year when it came through. (I'm not too familiar with the AOS process so I can't really comment on that)

Aussie, thanks for reading my words. Interesting that you say that.. INS office did state at one POINT that I seem to have many joint documents including a car we bought together in that 2003-2004 time frame, but nothing in 2005 while we were separated before she filed for divorce december of 2005, other than couple of financial documents behind like car insurance and the joint bankruptcy

[Poker_Pro 0]

Cherr - thanks for being there with your words..

I actually had 2002, 2003, and 2004 taxes with me, but she said they are NOT signed, i mean they are the electronic copy from the guy that did our taxes, and that she said is unacceptable she wants offical copies from IRS

I pleaded with her to understand my situation, it was too horrible with all the fighting to be worried about lets have more joint stuff together, or lets stay together a little longer, which she hinted i should of done

which PLEASE BEGS THE QUESTION

how can I do the right thing, and still be in a situation with my back against the wall, so all I had to do was to stay with her in the unhealthy relationship, get the greencard wait few months and then leave, truly someone tell me that cant you measure someone on that basis

oh enough drama, i guess

Edited July 15, 2008 by Poker_Pro

[Kathryn41 3,205]

Hopefully when you get the official transcripts to her she will approve your application. Good luck.

[Poker_Pro 0]

Hopefully when you get the official transcripts to her she will approve your application. Good luck.

I hope, I was completely honest, and truly put myself out there, I had no lawyer because I felt I know what happened day in day out, I can explain my story much better than any lawyer reading joint documents can.

And she really gave me mixed signals, at times she seemed understanding to the trouble I went through and how it all transpired, others it seemed like she made up her mind, and that I need to take it up with an immigration judge

But she did let me talk and talk, and even when she said she has other cases, she still would talk some more, so I dont know

IRS said a week for documents, and she INS officer gave me her fax number and said just fax it all to me, which I intend to do with a cover letter ( and one more document i found of a our joint bill from the bankruptcy attorney after Conditional green card was granted