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Filed: Timeline
Posted

Hi guys,

Well, after jumping through many, many hoops with immigration, finding work etc. etc. my wife has decided that she wants a divorce.

I filed for removal of conditions in November 2011 and, approximately, 6 weeks a ago I received a letter requesting more evidence and that I had until October 2012 to comply. My lovely wife said that she would help fill out the form IF I signed over the house to her so that I can stay here.

It is my understanding that, provided the marriage was entered into in good faith, then I should be O.K. to stay here.

Any ideas as to what I do now as far as "paperwork"?

Official divorce proceedings have not been started, yet.

Thanks

Paul

Filed: AOS (apr) Country: Philippines
Timeline
Posted

Can the marriage be saved? Can you guys go to counseling?

Sent I-129 Application to VSC 2/1/12
NOA1 2/8/12
RFE 8/2/12
RFE reply 8/3/12
NOA2 8/16/12
NVC received 8/27/12
NVC left 8/29/12
Manila Embassy received 9/5/12
Visa appointment & approval 9/7/12
Arrived in US 10/5/2012
Married 11/24/2012
AOS application sent 12/19/12

AOS approved 8/24/13

Filed: Timeline
Posted

Hi guys,

Well, after jumping through many, many hoops with immigration, finding work etc. etc. my wife has decided that she wants a divorce.

I filed for removal of conditions in November 2011 and, approximately, 6 weeks a ago I received a letter requesting more evidence and that I had until October 2012 to comply. My lovely wife said that she would help fill out the form IF I signed over the house to her so that I can stay here.

It is my understanding that, provided the marriage was entered into in good faith, then I should be O.K. to stay here.

Any ideas as to what I do now as far as "paperwork"?

Official divorce proceedings have not been started, yet.

Thanks

Paul

I hope you would have spelt divorce properly for future searches.

You can remove conditions if you can prove that marriage was entered into in good faith. You do not necessarily need her.

Gowon will nto sign anything at this point, he will fiel for divorce and get out then deal with the immigration stuff (but any action should include this as a prerequisite).

Your work is to gather documentations to use to prove that marriage was in good faith and she wanted out.

I don't believe in counseling especially when oen actor has stated a desire to get out.

Filed: Country:
Timeline
Posted
I filed for removal of conditions in November 2011 and, approximately, 6 weeks a ago I received a letter requesting more evidence and that I had until October 2012 to comply. My lovely wife said that she would help fill out the form IF I signed over the house to her so that I can stay here.

It is my understanding that, provided the marriage was entered into in good faith, then I should be O.K. to stay here.

Reply to the RFE, you might luck out and get approved without an interview.

If divorce is filed and you are assigned an interview date then at the interview you can request they change your filing to divorced and request the divorce waiver. You'll be RFE'd for the divorce decree but can still remove conditions without her.

Don't let her use your immigration status to bully you but do try to get the threat/promise in writing as it would come in handy in the divorce.

Filed: Timeline
Posted

Reply to the RFE, you might luck out and get approved without an interview.

If divorce is filed and you are assigned an interview date then at the interview you can request they change your filing to divorced and request the divorce waiver. You'll be RFE'd for the divorce decree but can still remove conditions without her.

Don't let her use your immigration status to bully you but do try to get the threat/promise in writing as it would come in handy in the divorce.

"Reply to the RFE, you might luck out and get approved without an interview"

I thought about doing that but it didn't seem the right thing to do.

Paul

Filed: AOS (apr) Country: Australia
Timeline
Posted

Sorry about your situation.

I don't have any advice but I hope everything works out in your favor.

We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

Filed: Country:
Timeline
Posted
"Reply to the RFE, you might luck out and get approved without an interview"

I thought about doing that but it didn't seem the right thing to do.

Paul

Usually I'd agree with you but...

When you filed divorce wasn't imminent AND even though it's being discussed it sounds like you're still there and aren't 100% sure then it will come soon.

You can't request the divorce waiver until someone has actually filed for divorce.

Filed: Citizen (apr) Country: Australia
Timeline
Posted

"Reply to the RFE, you might luck out and get approved without an interview"

I thought about doing that but it didn't seem the right thing to do.

Paul

Here is the 2009 memo regarding ROC and divorce: http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_%20Prior_Termination_3apr09.pdf

The bottom of page 1 explains that there is no waiver of the joint petition grounds simply because you have petitioned for divorce, therefore you don't actually have to change anything until you ARE divorced. She signed the joint ROC so now you wait until you're divorced OR unless you get interviewed at which point of course she wouldn't attend and you'd ask for it to be changed to a waiver filing.

You are not legally doing anything wrong by leaving it as the status quo for now and reply to the RFE by yourself (though I would keep it secret).

Filed: AOS (apr) Country: Jamaica
Timeline
Posted
:wow:

AOS

10/16/2012 Mailed I-485, I-765, I-131
10/19/2012 NOA1
11/09/2012 Biometrics Apt @ 3pm
12/25/2012 EAD/AP Approval
01/05/2013 Received EAD/AP in mail

06/20/2013 AOS APPROVED!!!!!

LIFTING OF CONDITIONS

3/23/15 Mailed I-751

3/25/15 NOA1

3/28/15 NOA1 Received in the Mail

4/28/15 Biometrics Apt.

11/13/15 ROC Approved

11/18/15 Approval Letter Received

Filed: IR-5 Country: United Kingdom
Timeline
Posted

Bad and sorry for you... :wow:

I-130 SENT 2012/01/20

I-130 NOA1 2012/01/24

I-130 NOA2 2012/06/12

NVC receiv 2012/07/02

NVC case # 2012/07/13

DS-3032 emailed 2012/07/13

AOS paid 2012/07/20

AOS sent 2012/07/23

DS-3032 Accepted 2012/07/24

IV paid 2012/07/25

IV/DS-230 sent 2012/07/26

RFE missing pay stubs 2012/08/03

Case completed 2012/08/16

Inteview Date 2012/10/16

221g (new co-sponsor and proof of domicile for my son) crazy stuff!

 
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