Call from USCIS b/c of Annulment

[UK_BOY 0]

Hello mates,

I been a great lerker around these forums, but due to unfortunate events I need to ask for some help. Any advice will be appreciated, and I will take any!

Quick info:

Me: From England, UK citizen

Wife: USC

Everything has been going well. I married my wife and after 3 years we came to the states. (we were living in the UK before that) Soon after I got here (May 2011), I started school and I ended up breaking up with her. (things were not working out)

After 6 months of us being back in the states, she filed for an annulment out of no where. I am filing for a divorce.

I just assumed with our past life (3 years) in the UK, I could probably do the ROC on my own without any issues.

However, I just got a call from the USCIS.

I think by her filing for an annulment set off some alarms, and according to them (USCIS), she is making a valid point.

They think that I used her to get into the states and use the greencard to access US loans.

And she also sent in some emails I sent when I broke up with her.

I thought the USCIS and Divorce court has nothing to do with each other. It seems like it does.

We had THREE WONDERFUL years together. I don't know why this could happen.

The USCIS also told me that why I haven't contacted them to let them know we were not living together. etc...

I am scared, and worried. I have OVER 4 years of schooling left. (I am getting my PhD)

What should I do? My lawyer told me that I probably should had gone through with the ROC earlier since that could of proved that we were still ok. He is even stating that I should of done that before the annulment petition reached the USCIS.

Is this true?

What should I do now?

Thank you, and please wish me the best!!

Dan

[UK_BOY 0]

Anyone? I know this is long, but please help.

I am in a state of panic, and I really need to start focusing on school etc...

Please help...

[Penguin_ie 6,001]

It would be extremely difficult for her to get an annulment after 3 + years of marriage, or proof fraud since you lived together for a considerable time in the UK before moving to the USA. What did you say in those emails that makes the USCIS suspicious?

Yes, USCIS and divorce courts are separate, but if your wife can get an annulment based on fraud- unlikely- then the USCIS can take that into account in their decisions.

[LIFE'SJOURNEY 970]

He stated that they had separated six months after arriving in the US. ?????

Why is he removing conditions if they were married 3 years prior to coming to the US. ????

Why didn't he receive a 10 year GC from the start? ??????

Filing for ROC when he is separated, but not divorced. ??????

Who signed the ROC papers?

Nothing makes senses, his time lines is off. So, I would state that there are things in this post that is not accurate. Therefore it is hard to give correct advise, when their is doubt.

If I state all that is wrong, then the OP would only correct the post to match the correctness to get a positive response. Please give a detailed timeline.

[la2011 5]

His timelines are a bit off! I dont understand why he didnt get a 10 year GC if he had been married for 3 years, either!

In any case, I found this on the USCIS website. Hopefully this helps the OP sort out the situation. It states you can still file for the ROC on your own if the marriage ends in an annulment, provided it was entered in good faith, of course. Anyway, best of luck!

Remove Conditions on Permanent Residence Based on Marriage

Your permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence.

Your status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States. To remove these conditions you must file Form I-751, Petition to Remove Conditions on Residence.

Eligibility Criteria

Generally, you may apply to remove your conditions on permanent residence if:

• You are still married to the same U.S. citizen or permanent resident after 2 years (your children may be included in your application if they received their conditional resident status at the same time that you did or within 90 days)
  
• You are a child and cannot be included in the application of your parents for a valid reason
  
• You are a widow or widower of a marriage that was entered into in good faith
  
• You entered into a marriage in good faith, but the marriage was ended through divorce or annulment
  
• You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S. citizen or permanent resident spouse
  
• The termination of your conditional resident status would cause extreme hardship to you

Note: Refer to Form I-751 for more specific eligibility requirements