Tricky One

[Cathi 5,609]

the extension letter for the green card comes with your NOA1, so within a week if I remmeber correctly

[Russ&Caro 1,548]

The others here are much more qualified to give you immigration advice, so I'll say congratulations on finding the true love of your life! That's always good.

[Villanelle 4,121]

I agree with what you're saying. The handy tidbit is not quite relevant and I think the IO gave it as an example of straight up fraud. However, she first mentioned "Marrying a 2nd person without removing conditions from the 1st marriage and attaining non-conditional permanent residency was a huge no-no and grounds for a denial."

That part is totally relevant to the OP and I think he needs an immigration lawyer to clarify. If this information is still correct today, then there will be problems, the least of which is his mail. This is why my advice is not to wait. The OP doesn't have a straight-forward divorce case. His status is "married" but his spouse is not the one listed on his AOS.

Okay we can go around in circles with this. I wasnt there. I dont know exactly what words were said and in what context. This was many years ago, so perhaps your exact recollection of the specific words used are not precise?

I can assure you that currently policy wise there is nothing on the books that states a remarriage during "ROC" is an automatic denial. (There is such a policy for VAWA- its written clear as day- but there is none for the ROC form.)

Theres another thread floating around currently oddly named something like 67% interviews denied; that talks about a memo from USCIS where the Ombuds discussed how to make the ROC process better- tuckin started the thread, and in it he discusses how the service centers divide up the applications based on A< B< and C levels for fraud and evidence levels.

Perhaps its an unwritten rule somewhere amoungst them that anyone that fills it out and shows they are remarried gets classified in a way that causes them to have an interview because its frowned upon- but its not against policy/automatic denial.

So again- each case is considered based upon its merits/the current policy. If you search the forums you will find plenty of people who have remarried during ROC and gotten approved. You will also find lots of people in the same threads posting along the lines of you cant do that. Why they think you cant do that? I dont know. Because its not a matter of cant (policy wise) its a matter of shouldnt (if you want a smooth journey).

But for some people whats done is done. Its not like the OP is here saying I think I want to get married during ROC- should I or should I wait lets discuss it- He already did.

Policy wise he wont have any adverse consequences. No one will. Merit wise to his case specifically- again I dont think it will effect him. For someone else it might. Immigration advice is not a one size fits all. So there is a good chance if this topic comes up again- you may see me saying something sounding contradicting to someone else- that the marriage is going to hurt them because their situation is different and agreeing with the statement you posted above. That it could be their grounds for a denial.

[ciyank 3]

Thanks again all, hopefully my process will be a smooth one. But you never know, I guess sometimes it might depend on the particular policy in place that month, or getting the wrong officer working your case. All I can do Is hope my honest intentions win out.

[Boiler 43,394]

There was somebody recently approved without an interview.

[ciyank 3]

Funnily enough, I received a private message from an individual in a fairly similar situation to myself, remarried before ROC etc, and he similarly stated he was approved without interview. He states that he a lot of supporting evidence as I do, so maybe that's the key. Saying that I have no way of verifying his information but here's hoping it's accurate