Removing conditions interview after divorce

[303 0]

Hey VJ,

Long story short

I met my ex-wife in jun 07. Married in December 07, Went back to India in March 08 due to F-1 visa expired. she came to india after 6 months applied case via DCF in New delhi, American embassy. she stayed in india for 3 months. flew back to US. I got my Immigrant visa approved after 10 months from India. Came to US in October 09. she moved on and living in with someone else(new Boyfriend).Tried to save marriage. Did not work out. she applied for divorced in April 2010.

Now I have interview in April 2012. Just lil scared about chances denial.need some good advice?

thanks

Edited April 2, 2012 by 303

[303 0]

I have lease, joint bank accts, bills , shopping receipts and lots of photos from our bonafide marriage. We even got remarried in India.

[together4evr 360]

Did you live together in ther USA?

There is no way to tell from what you posted.

You have some proof which is good.

Who filed divorce papers?

Do you have anything that you bought together in the USA?

[303 0]

We did live together in USA for 6 months. she filed for divorce papers. the thing is we did not lived together after I came back from india in october 09.

[wifetobe 2]

Did you apply solely for your ROC? Do you have any past affidavits from friends/landlord, joint insurance etc? I'm uncertain as to whether they will approve you since you haven't been living together since 2009. I would seek an immigration lawyer for good advice. The best of luck!

[303 0]

I have affidavit from my ex wife's mother and from my family and friends. I tried to save my marriage. But her boyfriend threatened to kill me. It a big mess. I have couple police reports as well. Plus a restraining order against my ex wife and her bf.

[VanessaTony 3,567]

So your timeline is:

June 2007 - Met

Dec 2007 - Married 6 MONTHS AFTER MEETING

March 2008 - You moved back to India

Sept 2008 - She arrived in India

Sept 2008 - Applied for CR-1

July 2008 - CR-1 Approved (approximately)

Oct 2009 - Arrived on CR-1 AND DID NOT LIVE WITH HER

April 2010 - Divorced 6 MONTHS AFTER ARRIVING

Feb 2012 - Applied for ROC

First, you were supposed to file for ROC as soon as you were divorced, not years later. It doesn't matter now of course but it was risky to wait because you breached the terms of your GC by getting divorced on a conditional card. You could have been locked in immigration jail if you ran into ICE and ordered removed.

You state you arrived on the CR-1 but didn't live with her. This sounds to me like you used the CR-1 even though she told you it was over and had started dating someone else. It also doesn't look great that you were able to support yourself without her support when you arrived, it looks like you were aware this was going to happen. I don't know if they'll care about that but they might. You have no evidence of living together here in the US since arriving on the CR-1. Your bills are probably from before you moved here as well. Affidavits from friends and family don't carry a lot of weight. Your remarriage in India again was before activating the CR-1.

I don't know how it's going to go but I think you're right to be concerned. It looks like your relationship ended before you came over and yet you still came over on the visa. It might be totally okay but you should look into what you will do if it's not okay. In the event ROC is denied you will have to either appeal, or leave the country. They typically give you 30 days to appeal or leave, so be prepared, just in case.

Edited April 2, 2012 by Vanessa&Tony

[303 0]

I applied for ROC in September 2011.

[303 0]

Will getting an affidavit from ex-wife will really help??

[303 0]

I Didn't really came to know that she is cheating o me until I came here. Her mother told me. As soon as she came to know that I am coming she changed her number and address. I knew her mothers address went there she told me everything about it. I tried to save my marriage it did not work out!

[Cino 5]

My friend, if you want us to help you here on VJ, you should give your Timeline first !....

[303 0]

Jun 2007- Met

Dec 2007 - Married 6 MONTHS AFTER MEETING

March 2008 - I moved back to India

Aug 2008 - She arrived in India

Nov 2008 - Applied for CR-1(new Delhi)

Feb 2009- interview(visa not approved requested more documents)

July 2009 - CR-1 Approved (approximately after 8 months)

Oct 2009 - Arrived on CR-1

Jan 2010- found out she cheating on me.

April 2010 - Divorced 6 MONTHS AFTER ARRIVING

Oct 2009 - Applied for ROC

April 2012- interview

[Cino 5]

Jun 2007- Met

Dec 2007 - Married 6 MONTHS AFTER MEETING

March 2008 - I moved back to India

Aug 2008 - She arrived in India

Nov 2008 - Applied for CR-1(new Delhi)

Feb 2009- interview(visa not approved requested more documents)

July 2009 - CR-1 Approved (approximately after 8 months)

Oct 2009 - Arrived on CR-1

Jan 2010- found out she cheating on me.

April 2010 - Divorced 6 MONTHS AFTER ARRIVING

Oct 2009 - Applied for ROC

April 2012- interview

You mean Oct 2011 - Applied for ROC ???

By the way, when you get divorced during the Conditional Period, there is no filing time requirements. (meaning that "You don't have to wait 90-day window opening prior to 2nd Anniversary of GC") .

As soon as you get your divorce decree you should apply for ROC as a waiver. Earlier would be better.

Interview is very normal, when you get divorced during the conditional period, it raises red flag & they usually call you for an interview.

Just act yourself, answer questions & show documents that you have been together physically & financially.

IO can understand from your body language which the marriage was bona fide one or not.

Good luck & please keep us posted.

[303 0]

I waited to apply my ROC. Is this a bad impact on case?

Edited April 4, 2012 by 303

[Darnell 8,478]

IMO, yes, as you were required to file after the divorce is finalized.

But you may be ok, regardless, as this requirement is something new, within the last 2 years.

Edited April 4, 2012 by Darnell