So it takes them 5 months to give me a GC after biometrics...?

[TanyaOPhoto 5]

The government knows they are split as the poster already said. So not fraud.

Edited May 6, 2015 by TanyaOPhoto

[EM_Vandaveer 2,370]

This whole process is just disheartening. After being married for almost three years now and dating for 3 before that, I must rely on some cubicle worker to determine if I'm married in "good faith". I put together what I thought would be a slam dunk petition. My wife was on my health insurance and we had a joint account the first month she was here. Had all the bills, wills, licenses, medical directives, photos etc. Most of the VJ October 2014 filers at CSC have already been approved. Us, nothing and we're not out of normal processing (yet beyond 6 months now) so no one can do a service request. Just want to be done with this so we can move onto naturalization in 5 months!

When you (or your wife, sorry I'm not sure which one is the immigrant) becomes eligible to apply for naturalization (90 days before 3 years from the "residence since date" if you're still married), you can file the N-400, even if your ROC has not been adjudicated yet. The naturalization application will start to be processed which in time will force them to adjudicate the ROC before they can approve the N-400.

[khwaidee1 196]

When you (or your wife, sorry I'm not sure which one is the immigrant) becomes eligible to apply for naturalization (90 days before 3 years from the "residence since date" if you're still married), you can file the N-400, even if your ROC has not been adjudicated yet. The naturalization application will start to be processed which in time will force them to adjudicate the ROC before they can approve the N-400.

Thank you, it is my wife. She has been a resident of California since 9-1-2012 so, June of 2015 then? Thanks.

[EM_Vandaveer 2,370]

I'm talking about the "residence since" date on her Green Card, it's immaterial how long she's been there, the date on the Card is what counts. Also, at the time of filing she should have been married to you for at least 3 years (no minus 90 days with that one).

[NikLR 13,220]

The government knows they are split as the poster already said. So not fraud.

Actually you are right. I can't link the pdf on my phone, but if you google this "i-751 legal to file if separated?" A USCIS pdf link comes up first and explains. They will likely get an RFE for a divorce decree and if that fails likely will get an interview as well.

The IO may decide it was fraud however. But until that time it is not assumed to be so.

[JadedGal 0]

Did you read? They filed jointly, not with divorce waiver. Please read before making comments.

Maybe you're the one who needs to read. She wrote that they currently live apart but haven't begun their divorce proceedings. This means they're physically separated but still very much married in the eyes of the law and can reconcile any day without having to report anything to anyone. So you're wrong, it's not fraud. However, if they do decide to proceed for divorce, THEN and only then, would she have to re-file with a waiver if they had previously filed jointly.

[Mariam&Smith 45]

Maybe you're the one who needs to read. She wrote that they currently live apart but haven't begun their divorce proceedings. This means they're physically separated but still very much married in the eyes of the law and can reconcile any day without having to report anything to anyone. So you're wrong, it's not fraud. However, if they do decide to proceed for divorce, THEN and only then, would she have to re-file with a waiver if they had previously filed jointly.

You file jointly but you are not living together aka bona-fide, it is called fraud. Let alone, she mentioned "he is supportive for my green card" even though they are apart. Don't give false advise when you don't know anything.

[Nga&John 12]

Maybe you're the one who needs to read. She wrote that they currently live apart but haven't begun their divorce proceedings. This means they're physically separated but still very much married in the eyes of the law and can reconcile any day without having to report anything to anyone. So you're wrong, it's not fraud. However, if they do decide to proceed for divorce, THEN and only then, would she have to re-file with a waiver if they had previously filed jointly.

You are not correct here, Einstein. Once you live apart, it is not bona fide. She might be approved without interview or RFE but it is still called fraud.