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Paul_Light

Final Interview to remove conditions

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Hi guys,

In October 2012 I moved into an apartment, without my wife.

I was still waiting to hear about my removal of conditions, my visa had expired.

I went to my local USCIS office and told them I was concerned that I had heard anything, they stamped my passport for 12 months.

I changed my address online.

Today my wife gave me a letter from USCIS that requires us to go for an interview in 3 weeks to prove that we are married.

What do I do? We are not divorced, just separated, for now.

Yours concerned

Paul

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Moved from K1 Process & Procedures to Removing Conditions on Residency Discussion; topic is about the ROC process, not the K1 process.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Prepare solid evidence of bonafide marriage, just like you did when you initially submitted the application. Needless to say, both of you must be present at the interview. However, be ready to have an explanation for the IO about you and your spouse not living together anymore. In my opinion, that would be one of the most challenging issues of your interview.


My N-400 Journey

06-02-2017 - N-400 package mailed to Dallas Lockbox

06-06-2017 - Credit card charged; received text and email confirming that application was received and NOA is on its way

06-10-2017 - Received NOA letter from NBC dated 06-05-2017

06-16-2017 - Received Biometrics Appointment Letter for 06-28-2017

01-19-2018 - Interview Letter sent

02-27-18 - Interview and Oath Ceremony. Finally US CITIZEN! 

My ROC Journey

03-08-2012 - I-751 package mailed to VSC

03-10-2012 - I-751 package delivered

03-14-2012 - Check cashed

03-15-2012 - NOA received, dated 03-12-2012

04-27-2012 - Biometrics appointment

11-23-2012 - ROC approved

11-28-2012 - Approval letter received

12-06-2012 - 10 years Green Card received

My AOS Journey

04-17-09 I-130&I-485&I-765 received by USCIS

04-19-10 AOS Approved

04-29-10 Green Card received

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Hi guys,

In October 2012 I moved into an apartment, without my wife.

I was still waiting to hear about my removal of conditions, my visa had expired.

I went to my local USCIS office and told them I was concerned that I had heard anything, they stamped my passport for 12 months.

I changed my address online.

Today my wife gave me a letter from USCIS that requires us to go for an interview in 3 weeks to prove that we are married.

What do I do? We are not divorced, just separated, for now.

Yours concerned

Paul

Have as much evidence that you and your wife had a good marriage, bills in both names, insurance, lease, car titles, life insurance, medical insurance, bank statments for account in both names, pictures. And I know for a fact that the officer is going to ask you why you are/were seperated (I hope you get back together because if you don't, you have a higher chance to be denied). My aunt went through the same thing, her husband gave her hell and than he moved out before interview, but he went with her to the interview. Thank God that they lived together at that time. But the husband told the officer that it was an anger moment and all couple could go through that and he prooved that their marriage is real. So have a good reason and have your wife go with you, without her you can't get approved. Good luck

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Have as much evidence that you and your wife had a good marriage, bills in both names, insurance, lease, car titles, life insurance, medical insurance, bank statments for account in both names, pictures. And I know for a fact that the officer is going to ask you why you are/were seperated (I hope you get back together because if you don't, you have a higher chance to be denied). My aunt went through the same thing, her husband gave her hell and than he moved out before interview, but he went with her to the interview. Thank God that they lived together at that time. But the husband told the officer that it was an anger moment and all couple could go through that and he prooved that their marriage is real. So have a good reason and have your wife go with you, without her you can't get approved. Good luck

Thanks for the replies.

The way things are now with my wife if I take her to the interview she's likely to say that I married her to get the visa, just to twist the knife.

I don't think that her being there will help at all.

Paul

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You have 2 choices:

1. Take your wife with you, admit you are having problems at the moment but provide information about a bonafide marriage. If she states, as you stated you are concerned she will, that you married her for a GC and refuses to acknowledge bonafide marriage, you will have no choice but to request a waiver filing. Having her there may do more harm than good if you are unsure of what she'll do.

2. Go to the interview without your wife, state you are filing for divorce and would like to change your filing to a waiver filing. They will do so. You will need to file divorce and present the divorce decree within about 86 days for it to be approved. If you don't get the decree in time you will be denied and go before an immigration judge who will put your application on hold (and you wont be deported) until you get the decree. Once you submit the decree they will continue processing.

---

My advice is to do #2. If you haven't filed for divorce, do so now. You can be approved if your marriage is rocky if you're still living together (sometimes also if the living apart was for reasons beyond your control and you were still trying to save the marriage) and if you provide enough proof and your spouse is willing to support it... but given your OP I don't see #1 working for you.

Here's the memo about your situation: http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_%20Prior_Termination_3apr09.pdf bottom of page 1 is where they start to discuss it.

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