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Hello

I need some guidance please. I have read the instruction guide for i751 but there are a few things I don't understand.

Background - I moved to the US in Feb., 2014, we got married in April and I filed for AOS and received a conditional 2 year green card in September. On the marriage side, being married hasn't been the same as what the long distance relationship and the occasional visits to the US was. We have decided to go our separate ways and we have both found someone new. Divorce case is pending and I proposed to my current girlfriend yesterday on her birthday. We hope to get married in February, 2016.

Now, my question is, in order to get the ROC on my green card application completed, I know I need to submit a waiver to indicate i won't be filing jointly(or am I wrong). What I do not understand is,

1. Will I be submitting evidence of the old or new relationship?

2. Is the i751 the right form to submit or do I need to go through the same process as I did with AOS?

PS - I intend to file ROC after the new marriage in February, 2016.

Please kindly share whatever info you have that can help me.

Thank you.


04/29/14 Sent AOS package
05/02/14 Package delivered to Chicago Lockbox
05/06/14 Received NOA1
06/04/14 Biometrics Done
06/25/14 Case moved to Testing&Interview
07/10/14 Email notification of Interview scheduled for AUGUST 12, 2014!

07/13/14 Hard copy notification of Interview scheduled for AUGUST 12, 2014!

07/17/14 Email notification on status change - EAD Card/ Document Production

07/25/14 EAD Card/ Document DELIVERED!!!

08/12/14 Attended Interview. Appeared to have gone smoothly

08/22/14 Email notification on status change - Green Card/ Document Production

09/24/14 Green Card DELIVERED!!!

03/16/16 Mailed I-751 to California

03/21/16 Received NOA1

04/12/16 Biometrics

09/23/16 Text Notification Removal of conditions Approved

09/28/16 Text Notification for mailed card

10/01/16 New Green Card DELIVERED!!!

:dancing: :dancing: :wow:

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if your divorce is final prior to the time to file your ROC, then your divorce will act as the trigger for ROC and you will need to file as soon as your divorce is final

also your ROC is based on the bonifide nature of the marriage you used to enter the US


Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 

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if your divorce is final prior to the time to file your ROC, then your divorce will act as the trigger for ROC and you will need to file as soon as your divorce is final

also your ROC is based on the bonifide nature of the marriage you used to enter the US

Thanks Kastrs. The divorce will be final sometime in October I think. Also, I understand ROC can only be submitted in 90 days to expiration of the green card. Are you saying I need to submit my application right after the divorce is final(October) even though 90 days to expiration is only sometime in May next year?


04/29/14 Sent AOS package
05/02/14 Package delivered to Chicago Lockbox
05/06/14 Received NOA1
06/04/14 Biometrics Done
06/25/14 Case moved to Testing&Interview
07/10/14 Email notification of Interview scheduled for AUGUST 12, 2014!

07/13/14 Hard copy notification of Interview scheduled for AUGUST 12, 2014!

07/17/14 Email notification on status change - EAD Card/ Document Production

07/25/14 EAD Card/ Document DELIVERED!!!

08/12/14 Attended Interview. Appeared to have gone smoothly

08/22/14 Email notification on status change - Green Card/ Document Production

09/24/14 Green Card DELIVERED!!!

03/16/16 Mailed I-751 to California

03/21/16 Received NOA1

04/12/16 Biometrics

09/23/16 Text Notification Removal of conditions Approved

09/28/16 Text Notification for mailed card

10/01/16 New Green Card DELIVERED!!!

:dancing: :dancing: :wow:

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*** Thread moved from Removing Conditions forum to the Effects of Major Changes forum, where similar issues are often discussed. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Hello

I need some guidance please. I have read the instruction guide for i751 but there are a few things I don't understand.

Background - I moved to the US in Feb., 2014, we got married in April and I filed for AOS and received a conditional 2 year green card in September. On the marriage side, being married hasn't been the same as what the long distance relationship and the occasional visits to the US was. We have decided to go our separate ways and we have both found someone new. Divorce case is pending and I proposed to my current girlfriend yesterday on her birthday. We hope to get married in February, 2016.

Now, my question is, in order to get the ROC on my green card application completed, I know I need to submit a waiver to indicate i won't be filing jointly(or am I wrong). What I do not understand is,

1. Will I be submitting evidence of the old or new relationship?

2. Is the i751 the right form to submit or do I need to go through the same process as I did with AOS?

PS - I intend to file ROC after the new marriage in February, 2016.

Please kindly share whatever info you have that can help me.

Thank you.

Yes I agree with the previous post, filling a divorce-based I-751 early is generally a good thing. For starters, filing early could be perceived by immigration authorities (in their discretion) as a show of your good faith disposition to proceed diligently with the legal obligations of your immigration status. More importantly, the more recent the divorce justifying your waiver request is, the clearer and the more available the evidence you need to support your case might be. Not to mention that approval of an early I-751 filing would also allow you to obtain more quickly not just the benefit of a more secure permanent status but perhaps also some personal relief in terms of closure.

But, before deciding to file immediately (or to wait), you should consider first obtaining advice and assistance specific to the details of your particular case by speaking with an experienced immigration attorney as soon as possible.

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Given the complexity of the situation, I'd get an attorney.

You can file the waiver I-751 anytime after you are divorced. You don't have to wait for the two years.

The new relationship is irrelevant. You have to show that you entered the first relationship in good faith. Keep in mind that if you are denied removal of conditions, you will likely end up being deported and never be able to get a new green card for any reason. Your new spouse cannot sponsor you.

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Given the complexity of the situation, I'd get an attorney.

You can file the waiver I-751 anytime after you are divorced. You don't have to wait for the two years.

The new relationship is irrelevant. You have to show that you entered the first relationship in good faith. Keep in mind that if you are denied removal of conditions, you will likely end up being deported and never be able to get a new green card for any reason. Your new spouse cannot sponsor you.

Your information is completely wrong.There is a difference between not able to prove bonafide marriage and a sham marriage. Thousands of people had the I751 and I-751 waiver denied, got married after the denial and had the new AOS approved, even when the person in removal, and when in removal the person has to show the court “clear and convincing” evidence that the marriage is a bonafide marriage, and request a bona fide marriage exemption under INA § 245 (e) (3); 8 C.F.R. § 204.2 (a) (1) (iii) and § 245 © (8) (iii) – (v).The INA Sec. 204 © states if the alien committed marriage fraud in a prior petition then the alien cannot have a form I-130 approved.

Edited by sandranj

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Thanks Kastrs. The divorce will be final sometime in October I think. Also, I understand ROC can only be submitted in 90 days to expiration of the green card. Are you saying I need to submit my application right after the divorce is final(October) even though 90 days to expiration is only sometime in May next year?

Filing in the 90 days before is only for jointly-filed ROC. For cases where you are filing alone, you can file earlier.

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Thank you all for your input. I appreciate it greatly.


04/29/14 Sent AOS package
05/02/14 Package delivered to Chicago Lockbox
05/06/14 Received NOA1
06/04/14 Biometrics Done
06/25/14 Case moved to Testing&Interview
07/10/14 Email notification of Interview scheduled for AUGUST 12, 2014!

07/13/14 Hard copy notification of Interview scheduled for AUGUST 12, 2014!

07/17/14 Email notification on status change - EAD Card/ Document Production

07/25/14 EAD Card/ Document DELIVERED!!!

08/12/14 Attended Interview. Appeared to have gone smoothly

08/22/14 Email notification on status change - Green Card/ Document Production

09/24/14 Green Card DELIVERED!!!

03/16/16 Mailed I-751 to California

03/21/16 Received NOA1

04/12/16 Biometrics

09/23/16 Text Notification Removal of conditions Approved

09/28/16 Text Notification for mailed card

10/01/16 New Green Card DELIVERED!!!

:dancing: :dancing: :wow:

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Hello all,

So the divorce is now final and I am completing my form i751. My questions at this point are;

1. Since I am filing alone, do I leave the spouse part of the form empty or do I ask her to fill that part and sign to?

2. Do I have to have a cover letter?

Thanks in advance.


04/29/14 Sent AOS package
05/02/14 Package delivered to Chicago Lockbox
05/06/14 Received NOA1
06/04/14 Biometrics Done
06/25/14 Case moved to Testing&Interview
07/10/14 Email notification of Interview scheduled for AUGUST 12, 2014!

07/13/14 Hard copy notification of Interview scheduled for AUGUST 12, 2014!

07/17/14 Email notification on status change - EAD Card/ Document Production

07/25/14 EAD Card/ Document DELIVERED!!!

08/12/14 Attended Interview. Appeared to have gone smoothly

08/22/14 Email notification on status change - Green Card/ Document Production

09/24/14 Green Card DELIVERED!!!

03/16/16 Mailed I-751 to California

03/21/16 Received NOA1

04/12/16 Biometrics

09/23/16 Text Notification Removal of conditions Approved

09/28/16 Text Notification for mailed card

10/01/16 New Green Card DELIVERED!!!

:dancing: :dancing: :wow:

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no, no prior spouse signature.

a cover letter is always useful.

you are ticking the 'divorced' tick box on the form, yes?


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

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no, no prior spouse signature.

a cover letter is always useful.

you are ticking the 'divorced' tick box on the form, yes?

Yes I am. thanks.


04/29/14 Sent AOS package
05/02/14 Package delivered to Chicago Lockbox
05/06/14 Received NOA1
06/04/14 Biometrics Done
06/25/14 Case moved to Testing&Interview
07/10/14 Email notification of Interview scheduled for AUGUST 12, 2014!

07/13/14 Hard copy notification of Interview scheduled for AUGUST 12, 2014!

07/17/14 Email notification on status change - EAD Card/ Document Production

07/25/14 EAD Card/ Document DELIVERED!!!

08/12/14 Attended Interview. Appeared to have gone smoothly

08/22/14 Email notification on status change - Green Card/ Document Production

09/24/14 Green Card DELIVERED!!!

03/16/16 Mailed I-751 to California

03/21/16 Received NOA1

04/12/16 Biometrics

09/23/16 Text Notification Removal of conditions Approved

09/28/16 Text Notification for mailed card

10/01/16 New Green Card DELIVERED!!!

:dancing: :dancing: :wow:

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