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Nadi32

H1 Visa if I751 denied?

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Hi -

I'm worried that my petition to remove the conditions on my GC will be denied due to my husband and I separating since filing the petition. Although our marriage was made in good faith I still worry. I have two questions that I hope maybe someone here can answer for me.

1. The USCIS has called for me to come to an interview about my case at the end of January. If my husband refuses to come to the interview will they automatically deny my petition?

2. I am a researcher at a big university, they will want me to get an H1 visa if my GC falls through. Will there be any difficulties with this?

Thanks!

Nadia


I-751 Conditions Removal Filing

11/2007 ... I-751 filed with VSC.

11/30/2007 ... NOA Received

01/03/2008 ... Biometrics taken

09/08/2008 ... Request for Evidence (RFE) received

10/16/2008 ... RFE response sent in

12/05/2008 ... Notice of interview received

01/27/2009 ... Interview at USCIS in Newark, NJ

02/03/2009 ... Card production ordered!

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Hi -

I'm worried that my petition to remove the conditions on my GC will be denied due to my husband and I separating since filing the petition. Although our marriage was made in good faith I still worry. I have two questions that I hope maybe someone here can answer for me.

1. The USCIS has called for me to come to an interview about my case at the end of January. If my husband refuses to come to the interview will they automatically deny my petition?

2. I am a researcher at a big university, they will want me to get an H1 visa if my GC falls through. Will there be any difficulties with this?

Thanks!

Nadia

Sounds like you need to start divorce proceedings. You should be OK with USCIS if you do so.


K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

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Filed: Lift. Cond. (apr) Country: India
Timeline

Nadia, if your husband doen't come with you to the interview, you most probably will not get a Green Card. Even if they know that you have separated, you probably won't get a green card. I'd suggest you get yourself an H1B and apply for GC through employment if you don't plan on getting back with your husband.


MY TIMELINE

11/21/2008 - I-130, I-864, I-485, I-765, I-131 - Package sent.

11/25/2008 - Delivered to Chicago Lockbox.

12/05/2008 - Checks Cashed and NOA1 date (DAY 1)

12/12/2008 - NOA1 & Biometrics received dated 12/5 (DAY 8)

12/22/2008 - Received RFE letter by USPS (DAY 18)

12/23/2008 - Mailed back RFE requirements (DAY 19)

12/31/2008 - Case processing resumed for I-485 (DAY 27)

01/02/2009 - Biometrics Appointment (DAY 29)

01/30/2009 - EAD Card production ordered (on hubbz's birthday!! What a nice present from USCIS!) (DAY 57)

02/02/2009 - Got email for AP approved as of 1/30. (DAY 60)

02/09/2009 - Received EAD and AP in mail. (DAY 67)

03/24/2009 - Interview at 1pm - APPROVED! (Thank God! DAY 115)

03/27/2009 - Received Welcome Letter and NOA2 for I-485 and I-130. (Day 118)

04/02/2009 - Received Green Card. (Day 124)

12/24/2010 - Time to file for removal of conditions - I-751

01/03/2011 - Mailed I-751 package to VSC

01/04/2011 - I-751 received and signed for at USCIS

01/07/2011 - Check cashed by USCIS

01/12/2011 - Received NOA dated 01/05/2011

01/29/2011 - Received Biometrics appointment notice dated 1/20/2011

02/03/2011 - Biometrics Appointment (Great sunny day. In and out in 10 minutes! Very pleasant folks.)

03/10/2011 - Status online changed to Approved & USCIS mailed approval notice and card

03/14/2011 - Received 10yr green card in mail (Praise the Lord!)

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Filed: AOS (apr) Country: Zambia
Timeline
Hi -

I'm worried that my petition to remove the conditions on my GC will be denied due to my husband and I separating since filing the petition. Although our marriage was made in good faith I still worry. I have two questions that I hope maybe someone here can answer for me.

1. The USCIS has called for me to come to an interview about my case at the end of January. If my husband refuses to come to the interview will they automatically deny my petition?

2. I am a researcher at a big university, they will want me to get an H1 visa if my GC falls through. Will there be any difficulties with this?

Thanks!

Nadia

Sounds like you need to start divorce proceedings. You should be OK with USCIS if you do so.

Agree!

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Filed: IR-1/CR-1 Visa Country: Russia
Timeline

I do not agree - there was a case reported on VJ, where a couple went together for the interview and conditions were removed successfully despite the couple being in the middle of divorce.

Of course, going through the interview alone would be more difficult and more questions/proofs could be asked. But I still think that if you have a lot of evidence, removal of conditions can be done!

Nadia, if your husband doen't come with you to the interview, you most probably will not get a Green Card. Even if they know that you have separated, you probably won't get a green card. I'd suggest you get yourself an H1B and apply for GC through employment if you don't plan on getting back with your husband.

CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

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Filed: K-1 Visa Country: Colombia
Timeline

There was a guy on here recently that went to an interview divorced and had no problems at all. The interview was over in a few minutes. I don't think you will be instantly denied because your husband didn't come with you. This is not like it was getting the green card in the first place. You only have to convince them that you came with good intentions.

Why do you think you were called for an interview at all?


10 Nov mailed I 129F to TSC

16 Nov 29 Nov Notice date

3 Dec Received NOA 1

3 Jan 05 Please I just want to be touched

3 may 05 NOA2 E mail notification

7 May 05 Mail NOA2

11 May 05 sent petition to Bogota

18 May Packet 3 arrived

19 May Checklist taken to consulate

31 May Packet 4 delivered

29 June visa granted

1 July Visa delivered

Sometime in July Lucero came to US

13 Sept 05 Married

1 Nov 05 -USCIS recieved 485 and EAD

13 December RFE stupid things I should have included Returned very quickly

27 March received bio letter for New Orleans

7 Apr_06 Bio done in New Orleans

20 April 06 Touched on all applications

21 April Email received EAD approved

27 Apr Received EAD card

30 May 2006 Received appointment letter for JaX on 13 July 2006

13 July Interview successful approved

20 July Received green card

30 June 08 Sent I751 to remove conditions

25 July 08 Application returned erroneously incorrect fee

27 July mailed new application with separate checks

15 Sept 08 Application returned erroneously K2 not within 90 day timeframe

17 Sept Mailed 3rd application with mountains of proof of error copied Senator Mel Martinez

09 October 4th application package sent. This time they said the app signature page was a copy

10 Oct Sent package again 4th time.

25 Oct Received another NOA for Wife with $625 for the amount with one year extension

30 Oct 2008 Still nothing for step daughter. Checks still haven't cleared the bank

24 November Checks finally cleared the bank

February biometrics for wife Nothing for daughter.

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I have no idea why they called for the interview, I assumed it was because of the separation. Also maybe because we had two weddings? One was later so that my family could attend (they had to come all the way from Australia). I sent what I thought was a lot of good evidence ... leases, tax returns, bills, photos, affidavits. Some of it goes back a long time, since my husband and I were together since 2001, although we didn't get married until 2005. Anyway, who knows the inner working of the USCIS, I imagine whether or not you get called for an interview depends very much on who is reviewing your case.

Nadia


I-751 Conditions Removal Filing

11/2007 ... I-751 filed with VSC.

11/30/2007 ... NOA Received

01/03/2008 ... Biometrics taken

09/08/2008 ... Request for Evidence (RFE) received

10/16/2008 ... RFE response sent in

12/05/2008 ... Notice of interview received

01/27/2009 ... Interview at USCIS in Newark, NJ

02/03/2009 ... Card production ordered!

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