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coldwatersurf

It didnt work out :( now what do i do?

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Filed: K-3 Visa Country: Canada
Timeline

Hi All,

its been sad... but my spouse and I have decided on divorce. He no longer wants kids and I do... (down the road)..... we have a real marriage and love each other but cannot make it work w/ the simple fact we both want different things and cannot be together.

What do I do? what should he do? Do I move back to Canada (where I'm from)??? i really dont want to... i've established friends and families and dont want to have to move back... please help.

We have been married since march 2008 and i moved to US in April 2009. Im on a 2 year visa which will expire next year March 2012... I'm currently permanent resident.

Edited by borderdriver

K-3:

Marriage : 2008-03-22

I-130 Sent : 2008-11-15

Appointment @ consulate: 2009-04-09 - Approved!

Picked up K3 visa & passport: 2009-04-14

POE @ Blaine, WA: 2009-04-24

EAD app sent to USCIS California: 2009-04-28

EAD app rec'd @ USCIC CA: 2009-04-30

EAD NOA: 2009-05-11

Biometrics Appt: 2009-07-27

EAD Approved/Card Production: 2009-7-31

EAD Received: 2009-09-06

AOS packet & change of address sent: 2009-12-23

Biometrics Interview: 2010-02-23

Interview Date: 2010-03-16 APPROVED

GC received March 29, 2010

Removal of Conditions

Application sent: January 04, 2012

Rec'd Notice of Bio appt: January 24, 2012

Biometrics appt: February 24, 2012

Rec'd approval notice: dated July 7, 2012

Rec'd 10yr green card: July 17, 2012 (dated july 10, 2012) - rec'd IR-6 status

Vancouver Consulate Review: http://www.visajourney.com/forums/index.php?showtopic=190588

POE Review: http://www.visajourney.com/forums/index.php?showtopic=193529

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

Aww im soo sorry to hear that. But still yet it is the right decision to make and be happy u caught it now rather than later. now that the relationship isn't going to work out and u both have agreed on that and u know in ur heart this isn't what u want then you should do whats gonna be best move for u financially, emotionally, mentality, and everything else. No one can really tell you what you should do because we all dont know what you personally is going thru, so give it some thought and weigh the pros and cons of u staying or leaving. Just a suggestion though, u could still stay and move into separate housing. It truly is a shame and sad that you guys came this far in ur visa/adjustment status and than have to dissipate the marriage. I know u will make the right decision for u. Best wishes.


Filed I129F: 03/4/2011

Received by USCIS: 3/8/2011

NOA:3/10/2011

NOA2:06/21/2011

Case# received from NVC: 07/1/2011.

got packet 3/4: Aug/4/2011

Interview: Sept 21st 2011

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

im so sorry for u..

i know this kinda of feeling, u can stay in the US..since u already have established a life there


08/12/2010 received NOA1

09/05/2011 received NOA2

********

20/05/2011 Called the NVC get NVC number and gave our emails

21/05/2011 DS3032 email Sent /

23/05/2011 paid the AOS fee Bill

25/05/2011 AOS statut PAID

25/05/2011 Sent Request to clear the error in my name (ughhh)

27/05/2011 PAID the IV BILL -statut in process

28/05/2011 got the response for my request to modify the error in my name..== OK

31/05/2011 AOS Package sent via usps express

01/06/2011 IV bill statut " PAID "

03/06/2011 AOS Package received by NVC

03/06/2011 IV Package sent via usps express

05/06/2011 IV Package received by NVC

05/06/2011 fingers crossed

17/06/2011 second stupid FALSE RFE for missing DS230

24/06/2011 SIF SIF SIF SIF YES SIIIIF (Sign In Failed) and Case complete ( CC)

******

NVC journey ended after 34 days***

28/07/2011 medical passed===> OK

10/08/2011 interview date==>ok but there is a missing document

21/08/2011 Visa in hand

27/08/2011 POE at CHICAGO O'Hare

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Filed: K-3 Visa Country: Canada
Timeline

oops sorry... my mistake. im on a 2 year green card and its going to expire next march 2012 and i need to renew and i have no idea what the rules are for immigration since i will be divorced by then. and we are separating our own ways at the end of this month.... urgh life sucks


K-3:

Marriage : 2008-03-22

I-130 Sent : 2008-11-15

Appointment @ consulate: 2009-04-09 - Approved!

Picked up K3 visa & passport: 2009-04-14

POE @ Blaine, WA: 2009-04-24

EAD app sent to USCIS California: 2009-04-28

EAD app rec'd @ USCIC CA: 2009-04-30

EAD NOA: 2009-05-11

Biometrics Appt: 2009-07-27

EAD Approved/Card Production: 2009-7-31

EAD Received: 2009-09-06

AOS packet & change of address sent: 2009-12-23

Biometrics Interview: 2010-02-23

Interview Date: 2010-03-16 APPROVED

GC received March 29, 2010

Removal of Conditions

Application sent: January 04, 2012

Rec'd Notice of Bio appt: January 24, 2012

Biometrics appt: February 24, 2012

Rec'd approval notice: dated July 7, 2012

Rec'd 10yr green card: July 17, 2012 (dated july 10, 2012) - rec'd IR-6 status

Vancouver Consulate Review: http://www.visajourney.com/forums/index.php?showtopic=190588

POE Review: http://www.visajourney.com/forums/index.php?showtopic=193529

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Make your way to the Removal of Conditions forum - plenty of VJ members in your situation who successfully removed conditions and received 10-yr green card.

Go to uscis.gov and under forms find I-751 - read the form and instructions then start gathering evidence for filing ROC.

Good luck, you'll be ok.


ROC 2009
Naturalization 2010

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Filed: K-3 Visa Country: Canada
Timeline

Thank you


K-3:

Marriage : 2008-03-22

I-130 Sent : 2008-11-15

Appointment @ consulate: 2009-04-09 - Approved!

Picked up K3 visa & passport: 2009-04-14

POE @ Blaine, WA: 2009-04-24

EAD app sent to USCIS California: 2009-04-28

EAD app rec'd @ USCIC CA: 2009-04-30

EAD NOA: 2009-05-11

Biometrics Appt: 2009-07-27

EAD Approved/Card Production: 2009-7-31

EAD Received: 2009-09-06

AOS packet & change of address sent: 2009-12-23

Biometrics Interview: 2010-02-23

Interview Date: 2010-03-16 APPROVED

GC received March 29, 2010

Removal of Conditions

Application sent: January 04, 2012

Rec'd Notice of Bio appt: January 24, 2012

Biometrics appt: February 24, 2012

Rec'd approval notice: dated July 7, 2012

Rec'd 10yr green card: July 17, 2012 (dated july 10, 2012) - rec'd IR-6 status

Vancouver Consulate Review: http://www.visajourney.com/forums/index.php?showtopic=190588

POE Review: http://www.visajourney.com/forums/index.php?showtopic=193529

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Filed: Citizen (apr) Country: Kenya
Timeline

You won't have to wait until your conditional green card expires to file the petition. Once you have the divorce decree, you are required to file the I-751 to remove conditions. You will need to check the box stating you are filing the 751-with a divorce waiver, meaning you entered the marriage with good intentions but unfortunately the marriage ended in a divorce.

You will have to start gathering all your paperwork proving financial co-mingling, joint taxes, apartment leases, utility bills, insurance....basically anything and everything with both of your names to file with your petition.

There is also a thread in the removing conditions in VJ for 751 waivers.

I went thru this last July '10 and got my 10 yr green card in May '11.

Good luck!


ROC:
07/2010....Attorney mailed I-751 divorce waiver
07/21/10...USCIS recvd I-751
07/21/10...NOA1
08/20/10...Bio completed
09/16/10...Recvd RFE, due 10/31
10/26/10...Mailed RFE
10/27/10...RFE delivered to VSC
04/26/11...Interview
05/11/11...APPROVED!!
05/18/11...Card production ordered
05/23/11...Received green card



N400:
04/29/13.. Eligible to file N400
04/26/13...Mailed N400..Dallas, TX
04/28/13...USPS delivered package (Priority mail)
04/29/13...NOA Priority date
05/02/13...Check cashed
05/10/13...Rcvd bio notice
05/30/13...Bio Appt
05/17/13...Walk in bio successful
06/28/13...Placed in line for interview scheduling
08/06/13...Recvd email interview has been scheduled
08/10/13...Recvd Interview letter
09/12/13...N400 Interview
09/12/13...Decision cannot be made
10/21/14...Biometrics (second time)
01/05/15...In line for oath scheduling

01/21/15...Oath Ceremony

01/21/15...Applied Passport

02/05/15..Received Passport

Journey Over!!

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Filed: K-3 Visa Country: Canada
Timeline

Thank you Nimaan.... I am eligible to get citizenship instead of 10 year green card? or do i have to wait longer?

We have 2 joint bank accounts, we joint apartment lease agreement, a joint credit account, 2 years of joint tax returns, insurance accounts, so i believe i have some good proof. Will there be an interview for removing conditions? if so, will i be able to go to it alone? this is so mind boggling. sorry for the questions.

We are filing divorce petition at the end of august since this separation is sudden and everything is such a financial inconvenience. blah!

and thanks for the answers.. i will def check the ROC forum..

ps. VJ is freakin awesome... couldnt have done this whole immigration stuff w/o VJ'ers


K-3:

Marriage : 2008-03-22

I-130 Sent : 2008-11-15

Appointment @ consulate: 2009-04-09 - Approved!

Picked up K3 visa & passport: 2009-04-14

POE @ Blaine, WA: 2009-04-24

EAD app sent to USCIS California: 2009-04-28

EAD app rec'd @ USCIC CA: 2009-04-30

EAD NOA: 2009-05-11

Biometrics Appt: 2009-07-27

EAD Approved/Card Production: 2009-7-31

EAD Received: 2009-09-06

AOS packet & change of address sent: 2009-12-23

Biometrics Interview: 2010-02-23

Interview Date: 2010-03-16 APPROVED

GC received March 29, 2010

Removal of Conditions

Application sent: January 04, 2012

Rec'd Notice of Bio appt: January 24, 2012

Biometrics appt: February 24, 2012

Rec'd approval notice: dated July 7, 2012

Rec'd 10yr green card: July 17, 2012 (dated july 10, 2012) - rec'd IR-6 status

Vancouver Consulate Review: http://www.visajourney.com/forums/index.php?showtopic=190588

POE Review: http://www.visajourney.com/forums/index.php?showtopic=193529

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Filed: Citizen (apr) Country: Kenya
Timeline

If you are divorced, no citizenship until 5 years from the date on your green card..it sucks!! otherwise we could have applied in 3 yrs!

If I knew about VJ, I would have never wasted my money on the lame attorney who did NOTHING for me except mail my petition! He wasnt clear on the items I had to send. So, I ended up getting a RFE (request for more evidence of a bona fide marriage) and even received an interview. But thank God, I was able to send more evidence and the interview was great, as I was able to explain my situation to the immigration officer.

The items below you mentioned seems to be sufficient, just keep collecting whatever you come accross for the last 2 years, and once the divorce is finalized, send the 751 with the divorce waiver. If the divorce decree wont be ready by March 2012 (depends on state you live) then you can still file the 751 and you will get a RFE for the divorce waiver.

Let me know if you have any quetsions!

,


ROC:
07/2010....Attorney mailed I-751 divorce waiver
07/21/10...USCIS recvd I-751
07/21/10...NOA1
08/20/10...Bio completed
09/16/10...Recvd RFE, due 10/31
10/26/10...Mailed RFE
10/27/10...RFE delivered to VSC
04/26/11...Interview
05/11/11...APPROVED!!
05/18/11...Card production ordered
05/23/11...Received green card



N400:
04/29/13.. Eligible to file N400
04/26/13...Mailed N400..Dallas, TX
04/28/13...USPS delivered package (Priority mail)
04/29/13...NOA Priority date
05/02/13...Check cashed
05/10/13...Rcvd bio notice
05/30/13...Bio Appt
05/17/13...Walk in bio successful
06/28/13...Placed in line for interview scheduling
08/06/13...Recvd email interview has been scheduled
08/10/13...Recvd Interview letter
09/12/13...N400 Interview
09/12/13...Decision cannot be made
10/21/14...Biometrics (second time)
01/05/15...In line for oath scheduling

01/21/15...Oath Ceremony

01/21/15...Applied Passport

02/05/15..Received Passport

Journey Over!!

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Filed: Country: China
Timeline

Since your next step is the ROC, you will be ok. Removing conditions by yourself is pretty common and you will just need to show that you entered the marriage in good faith.


Service Center : California Service Center
Consulate : Guangzhou, China
Marriage (if applicable): 2010-04-26
I-130 Sent : 2010-06-01
I-130 NOA1 : 2010-06-08
I-130 RFE : 2010-11-05
I-130 RFE Sent : 2010-11-06
I-130 Approved : 2010-11-10
NVC Received CaseFile: 2010-11-16
NVC Casefile Number Issued: 2010-11-22
Received DS-3032 / I-864 Bill : 2010-11-23
OPTIN EMAIL SENT TO NVC: 2010-11-23
OPTIN ACCEPTED by NVC: 2010-12-14
Pay I-864 Bill 2010-11-23
Receive I-864 Package : 2010-11-23
Return Completed I-864 : 2011-03-30
Return Completed DS-3032 : 2010-11-23
Receive IV Bill : 2010-12-17
Pay IV Bill : 2011-03-16
AOS CoverSheets Generated: 2010-11-27
IV Fee Bill marked as PAID: 2011-03-18
IV CoverSheets Generated: 2011-03-18
IV email packet sent: 2011-04-4
NVC reports 'Case Completed': 2011-5-2
'Sign in Fail' at the Online Payment Portal: 2011-5-2
Final Review Started at NVC: 2011-5-2
Final Review Completed at NVC: ????
Interview Date Set: 2011-5-5
Appointment Letter Received via Email: 2011-5-6
Interview Date: 2011-6-1
Approved!!!!!

I-751 Sent : 2013-07-02

I-751 Bio Appointment Date 2013-08-02

10 Year Green Card Approved!!!!!

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Filed: Other Timeline

Get a divorce, if that's what you want.

After you have the divorce decree on hand, file your I-751 with a waiver. That's nothing else than marking on the bottom that you file alone instead of jointly. You will have to prove that you entered the marriage in good faith, which you do by providing evidence of a life together since getting married, but you would have to do that anyway, still married or divorced.

The majority of such R.o.C. petitions are approved just the same. Note that you cannot file late, even if your divorce is not final by March of 2012.

If you split from your husband, you will have to wait until you have been a resident for 5 years before you can become a US citizen. That's the only difference: 2 more years.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Filed: K-3 Visa Country: Canada
Timeline

thank you all... this sounds good. i have saved all the information i had from getting my k3. so i just have to collect all the recent paper work i need. i think i will be fine. we are filing divorce sometime late august/early september and it takes 90 days from date of filing to finalize and get the decree. we have agreed on all the financial stuff so it will be an easy divorce (i hope! nothing changes later)... lol.. i've worked at a law office in our county so divorce paper work is not so bad to figure out.... just hard to deal with what everything is going on... thanks for all the support here...

does anyone know what happens to taxes next year... will i need to keep in contact or can i just file single? i will not be itemizing... it will be easy filing.


K-3:

Marriage : 2008-03-22

I-130 Sent : 2008-11-15

Appointment @ consulate: 2009-04-09 - Approved!

Picked up K3 visa & passport: 2009-04-14

POE @ Blaine, WA: 2009-04-24

EAD app sent to USCIS California: 2009-04-28

EAD app rec'd @ USCIC CA: 2009-04-30

EAD NOA: 2009-05-11

Biometrics Appt: 2009-07-27

EAD Approved/Card Production: 2009-7-31

EAD Received: 2009-09-06

AOS packet & change of address sent: 2009-12-23

Biometrics Interview: 2010-02-23

Interview Date: 2010-03-16 APPROVED

GC received March 29, 2010

Removal of Conditions

Application sent: January 04, 2012

Rec'd Notice of Bio appt: January 24, 2012

Biometrics appt: February 24, 2012

Rec'd approval notice: dated July 7, 2012

Rec'd 10yr green card: July 17, 2012 (dated july 10, 2012) - rec'd IR-6 status

Vancouver Consulate Review: http://www.visajourney.com/forums/index.php?showtopic=190588

POE Review: http://www.visajourney.com/forums/index.php?showtopic=193529

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thank you all... this sounds good. i have saved all the information i had from getting my k3. so i just have to collect all the recent paper work i need. i think i will be fine. we are filing divorce sometime late august/early september and it takes 90 days from date of filing to finalize and get the decree. we have agreed on all the financial stuff so it will be an easy divorce (i hope! nothing changes later)... lol.. i've worked at a law office in our county so divorce paper work is not so bad to figure out.... just hard to deal with what everything is going on... thanks for all the support here...

does anyone know what happens to taxes next year... will i need to keep in contact or can i just file single? i will not be itemizing... it will be easy filing.

You'll have to file married filing separately as you are/were still married for majority of the year.


ROC 2009
Naturalization 2010

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Filed: Country: Tanzania
Timeline

There is a 6 month waiting period for divorce in California - you will not be divorced by the end of the year. I petitioned for a divorce over a year ago and it is still not finalized *sigh*. Of course, yours may be quicker if you have a lawyer. You probably won't have the divorce finalized by the time you have to apply for ROC, which means you will have to send the divorce decree in later. Do NOT miss the deadline to file for ROC!


K-3 Visa

Service Center: California Service Center

Consulate: Tanzania

01-01-2007 Marriage

01-24-2008 I-130 Sent

02-14-2008 I-130 NOA1

02-20-2008 I-129F Sent

02-22-2008 I-129F NOA1

05-07-2008 I-129F/I-130 NOA2

05-15-2008 NVC Received

05-19-2008 Consulate Received

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