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Mumin

In the middle of ROC divorce waiver and pregnant

By Mumin in Removing Conditions on Residency General Discussion

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Mumin Rookie

Mumin   0

Posted
Filed: Lift. Cond. (pnd) Timeline
Posted (edited)

SO..

I got divorced while I was on my conditional greencard. The divorce was finalized (took over a year) just two months ago. So I filed the I-751 with the divorce/good faith marriage waiver a few weeks (Conditional GC Expires in March) ago with oddles of proof it was a bona-fide marriage that ended..well, ugly. 

 

Here's the kicker. Shortly after legally seperating I met someone. And it's been wonderful. And then I found out I was pregnant. I found out while I was quite a few weeks into it and never considered terminating it. So, the baby is due at the end of May (likely pretty much way before there's a decision made on my ROC) and I have no idea what's going to happen to me. :( I know that the ROC process can take forever, but this baby is due in 4 months. I have no idea what I should be doing to prepare for any legal mumbo jumbo. The babies father - my boyfriend is a US citizen and is a great partner and super supportive and has asked to marry me. - I have no idea what that would look like on paper to the USCIS people and if it would help me in any way.. Obviously being removed from the US is scaring the living sh*t out of me right now since I'm in this situation and another person is involved.. At the same time marriage freaks me out ever since my last one ended. I've planned none of this and I'm extremely anxious and paranoid and hate being in such an awkward situation and can't seem to calm down. 

 

What should I be doing in terms of making sure that my new family will have a home here in the states? 

 

 

Edited by Mumin
Typos
watdog Explorer

watdog   8

Posted
Filed: K-1 Visa Country: Israel
 Timeline
Posted

Hi Mumin,

Do you happen to know if you are at CSC or VSC?  I'm guessing VSC so I would just let it take it's time and focus on the baby stuff.  I wouldn't get married until after they finish the removal of conditions, you can always make an infopass appointment if you want for more details.  Congrats to the new addition coming and a new marriage. 

Filled AOS/AP/EAD: 2014-04-09

Biometrics: 2014-05-08

AOS approved for interview: 2014-06-24

AOS Interview: 2014-07-30, Approved.

GC received: 2014-08-11
ROC Sent: 2016-04-29

ROC packet received at California Service Center: 05-02-16

NOA1 (Received 05-13-16): Letter dated 05-02-16
ROC Biometrics: 2016-06-02

Filed for Re-entry permit: 2016-06-03

Re-entry permit biometrics: 2016-07-14

Re-entry permit approved: 2016-12-07
Re-entry permit received: 2016-12-10, Only got 6 month re-entry permit????
ROC Approved: 2017-02-09

Mumin Rookie

Mumin   0

Posted
Filed: Lift. Cond. (pnd) Timeline
  • Author
Posted
9 hours ago, watdog said:

Hi Mumin,

Do you happen to know if you are at CSC or VSC?  

Yes, filed at VSC. 

I guess one of the questions I forgot to ask (and pardon my ignorance) is what happens with baby. Is it going to be "classified" as a US citizen just because it was born here, or will I have to petition baby for greencard too - and if so, when? The reason we were considering marriage before the child is born was to try and make sure baby will have an easier time getting healthcare and other related resources available then I did. 

 

mindthegap Experienced

mindthegap   2,610

Posted
Filed: Lift. Cond. (pnd) Country: United Kingdom
 Timeline
Posted
2 hours ago, Mumin said:

Is it going to be "classified" as a US citizen just because it was born here?

 

Yes. 

 

 

 

 

 

Divorce waivers are still adjudicated on the evidence of bona-fide-ness provided.

If they want more, they will send an RFE or ask you to an interview.

You aren't somehow suddenly going to be removed from the US, you are entitled to due process and there are many steps the process goes through go through before it reaches anywhere near that level, and they would have to prove fraud, which, if it wasn't, they can't. 

You have filed on time as required, your status is current and maintained, and there is now nothing you can really do about it to speed it up, so don't stress out about it.

 

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

watdog Explorer

watdog   8

Posted
Filed: K-1 Visa Country: Israel
 Timeline
Posted
14 hours ago, Mumin said:

Yes, filed at VSC. 

I guess one of the questions I forgot to ask (and pardon my ignorance) is what happens with baby. Is it going to be "classified" as a US citizen just because it was born here, or will I have to petition baby for greencard too - and if so, when? The reason we were considering marriage before the child is born was to try and make sure baby will have an easier time getting healthcare and other related resources available then I did. 

 

Yes, it will be US citizen.  You will not need to petition for the baby.  The father can add the baby to his healthcare plan once the baby is born, there is a certain amount of time after birth so make sure he looks into it and when he needs to add the baby.

Filled AOS/AP/EAD: 2014-04-09

Biometrics: 2014-05-08

AOS approved for interview: 2014-06-24

AOS Interview: 2014-07-30, Approved.

GC received: 2014-08-11
ROC Sent: 2016-04-29

ROC packet received at California Service Center: 05-02-16

NOA1 (Received 05-13-16): Letter dated 05-02-16
ROC Biometrics: 2016-06-02

Filed for Re-entry permit: 2016-06-03

Re-entry permit biometrics: 2016-07-14

Re-entry permit approved: 2016-12-07
Re-entry permit received: 2016-12-10, Only got 6 month re-entry permit????
ROC Approved: 2017-02-09

 
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