i751 filed jointly, having issues!

[lex_k 0]

Hi. I and my husband filed I751 together in March but now we decided to get a divorce...

We had a lot of problems and tried to work it out but we realized that this marriage is not going to work..

My husband said he won't file for a divorce until I751 process is done.

The problem is, I'd like to start a new life and move out of the house. So, we will still be married (won't be legally separated either) but won't physically together,,

Will this affect my I751 process?

We sent alot of documents to prove our marriage was legit so i doubt i will get RFE... but I just wanted to double check..

Also, My second question is.. Does anybody know if I could join the military while my case is pending????

I've recieved NOA1 but i dont know when my biometrics will be...

I really want to join the military and start a new life..! please help !

THANK YOU!!

[bigdog 376]

You can join the military. Bio will be in about 30, near your home. I posted information on this from a law firm yesterday on this in ROC forum. http://www.visajourney.com/forums/topic/421491-i-751-filed-jointly-pending-now-have-been-kicked-out/

[Shar&Vel 0]

You can join the military if your 2 year card isn't expired. But if it is, you will have to wait for the ROC to process because recruiters won't let you join with an expired card and extension letter. My card expired right before I went to MEPS and my recruiter told me they had no provisions for the extension letter during the recruiting process. So I will have to wait...it's been almost a year now since I filed and have been unemployed, and in still waiting...all the best to you...Send me a personal message if you wish, our stories are similar...

[lex_k 0]

You can join the military if your 2 year card isn't expired. But if it is, you will have to wait for the ROC to process because recruiters won't let you join with an expired card and extension letter. My card expired right before I went to MEPS and my recruiter told me they had no provisions for the extension letter during the recruiting process. So I will have to wait...it's been almost a year now since I filed and have been unemployed, and in still waiting...all the best to you...Send me a personal message if you wish, our stories are similar...

my 2yr GC is gonna be expired in June. I doubt I'll be able to join before the card expires... Why won't they accept the extension letter???? that doesnt make any sense to me...

Also I got another question.. now my husband is threatening me to report me for fraud marriage!!! He is in the military and he is obligated to give me money every month if we decide to get a divorce until it is finalized. My husband said he won't give me any money and if I go to his chain of command and request for an action, he will call USCIS and tell them I used him...... He is taking advantage of me because if we decided to get a divorce, he has to move into the barracks and won't receive money for housing from the army...

I dont know what to do. He's threatening me and I'm scared if he's gonna do anything to mess up my life. What do I do??? Should I tell USCIS, he's threatening me and lying ??? im so lost please help

[lex_k 0]

You can join the military. Bio will be in about 30, near your home. I posted information on this from a law firm yesterday on this in ROC forum.

Thanks! I have another question.. if we start the divorce process NOW, Do i have to let USCIS know?

Also, what happens if the divorce is finalized before their final decision? What do I do? Do i send them the divorce decree?

[Shar&Vel 0]

Not sure why my recruiters did what they did to me, but I will look further into it and let u know later on this week. If you do start the Divorce process you need to inform USCIS and they will change your application to a divorce waiver and also request the final divorce decree to finish processing the ROC.

I would suggest contacting immigration if your husband continues to threaten you. The other option you have is to go to seek a family advocate on post and they will help you with getting your husband to give u a portion of the BAH.

[Indy90 21]

You can join the military if your 2 year card isn't expired. But if it is, you will have to wait for the ROC to process because recruiters won't let you join with an expired card and extension letter. My card expired right before I went to MEPS and my recruiter told me they had no provisions for the extension letter during the recruiting process. So I will have to wait...it's been almost a year now since I filed and have been unemployed, and in still waiting...all the best to you...Send me a personal message if you wish, our stories are similar...

Hmm, maybe different branches have different rules, but I have seen multiple people join the military with only the extension letter and expired card, including my wife. Either different branches have different rules, or your recruiter does not know what he/she was talking about.

[Shar&Vel 0]

Well I received my stamp in my passport today. Got extended for another year! Was also told by the ISO that I am eligible for citizenship and should consider applying.

I took my 1-551 Stamp to my recruiter and he says I join! Yaay me. So yes you can now enlist with the extension letter. You just won't leave for BCT until you get your actual card. My recruiter says this a new policy that was recently implemented to include conditional residents. Basically as long as you have 6mnths on your 2yr card or your extension letter your good to go! All the best!

[Indy90 21]

Well I received my stamp in my passport today. Got extended for another year! Was also told by the ISO that I am eligible for citizenship and should consider applying.

I took my 1-551 Stamp to my recruiter and he says I join! Yaay me. So yes you can now enlist with the extension letter. You just won't leave for BCT until you get your actual card. My recruiter says this a new policy that was recently implemented to include conditional residents. Basically as long as you have 6mnths on your 2yr card or your extension letter your good to go! All the best!

Did he point to any regulation that says that you cannot leave for BCT without your actual green card? This may be an issue for my wife, since she leaves in late May. However, I have found that recruiters spit out a lot of information that they think is true, but really is not.

[Shar&Vel 0]

Did he point to any regulation that says that you cannot leave for BCT without your actual green card? This may be an issue for my wife, since she leaves in late May. However, I have found that recruiters spit out a lot of information that they think is true, but really is not.

2) Permanent resident aliens. Applicants must present their I–551 (Permanent Residence Card) showing that the

person has been admitted to the United States for permanent residence. I–551 cards issued after 1989 are only valid for 10 years and must be renewed. Applicants with expired cards keep their permanent residence status; however, they must apply for renewal of their permanent residence status I–551 card and must obtain verification in the form of an original receipt from the U.S. Citizenship and Immigration Services (USCIS) indicating that the applicant has paid for an I–90 (Application to Replace Permanent Resident) renewal application prior to enlistment. Applicant must have a valid I–551 Card prior to shipment to training. Any I–551 card with an expiration date within 6 months of accession date must be renewed and be valid for at least 6 months after the applicant’s accession date.

I copied this from the Army Regulation 601-210...It's on page 16...here is the completed PDF files with regulations n eligibility etc.

http://www.apd.army.mil/pdffiles/r601_210.pdf

[Indy90 21]

2) Permanent resident aliens. Applicants must present their I–551 (Permanent Residence Card) showing that the

person has been admitted to the United States for permanent residence. I–551 cards issued after 1989 are only valid for 10 years and must be renewed. Applicants with expired cards keep their permanent residence status; however, they must apply for renewal of their permanent residence status I–551 card and must obtain verification in the form of an original receipt from the U.S. Citizenship and Immigration Services (USCIS) indicating that the applicant has paid for an I–90 (Application to Replace Permanent Resident) renewal application prior to enlistment. Applicant must have a valid I–551 Card prior to shipment to training. Any I–551 card with an expiration date within 6 months of accession date must be renewed and be valid for at least 6 months after the applicant’s accession date.

I copied this from the Army Regulation 601-210...It's on page 16...here is the completed PDF files with regulations n eligibility etc.

http://www.apd.army.mil/pdffiles/r601_210.pdf

Thanks so much. We contacted the recruiter, and he is speaking to JAG this morning to see what this means/if there is anything we can do.

[Shar&Vel 0]

Thanks so much. We contacted the recruiter, and he is speaking to JAG this morning to see what this means/if there is anything we can do.

No problem!!! Please let me know the outcome so I can be prepared when my time comes.

[Indy90 21]

No problem!!! Please let me know the outcome so I can be prepared when my time comes.

Will do--I can't imagine that the Army would be happy about having to cancel her basic training slot because of USCIS inefficiency issues. We applied to extend back in September and still have not heard anything, although we started an inquiry a couple weeks ago. Maybe there is a way to speed things up if pressure comes from the right source.

Edit: we did biometrics back in October, so we have heard back, just nothing since biometrics and letters acknowledging that we have contacted USCIS.

Edited April 2, 2013 by Indy90

[Shar&Vel 0]

Yea I doubt they would want to waste all that money and time renegotiating her contract. Wouldn't make any sense at all. **Fingers crossed**