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I-751 hardship first and divorce second [merged threads]

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andy78 Enthusiast

andy78   178

Posted
Filed: Citizen (apr) Timeline
Posted

Unless your spouse is going to sign the joint petition, then the best route is the divorce waiver.

If the divorce is not going to happen until after your conditional green card expires, then I suggest that you consult with an attorney now to review your options under that scenario. You will probably be put in removal proceedings, but there is something called "continuance" that your lawyer can file for. Your lawyer would basically be asking the judge for more time to allow the divorce to finalize. Talk to a good immigration lawyer in your area.

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andy78 Enthusiast

andy78   178

Posted
Filed: Citizen (apr) Timeline
Posted

This is your second topic. Here is what I said to you in the first one:

 

Unless your spouse is going to sign the joint petition, then the best route is the divorce waiver.

 

If the divorce is not going to happen until after your conditional green card expires, then I suggest that you consult with an attorney now to review your options under that scenario. You will probably be put in removal proceedings, but there is something called "continuance" that your lawyer can file for. Your lawyer would basically be asking the judge for more time to allow the divorce to finalize. Talk to a good immigration lawyer in your area.

 

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Ebunoluwa Veteran

Ebunoluwa   6,136

Posted
Filed: AOS (apr) Country: Cyprus
 Timeline
Posted

The focus should not be on writing or not writing a letter that you were separated.
You need evidence, much more than a letter, financial co mingled evidence and much more.
Look in the ROC guide and scroll down to the list of items you ca use as good faith marriage evidence.

If you are then still unsure on what to submit then consult a lawyer.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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ShawnSpiker Enthusiast

ShawnSpiker   4

Posted
Filed: Lift. Cond. (pnd) Country: Lebanon
 Timeline
  • Author
Posted
3 minutes ago, andy78 said:

Unless your spouse is going to sign the joint petition, then the best route is the divorce waiver.

If the divorce is not going to happen until after your conditional green card expires, then I suggest that you consult with an attorney now to review your options under that scenario. You will probably be put in removal proceedings, but there is something called "continuance" that your lawyer can file for. Your lawyer would basically be asking the judge for more time to allow the divorce to finalize. Talk to a good immigration lawyer in your area.

Should I do the additive with separation information or don't mention it at all?

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andy78 Enthusiast

andy78   178

Posted
Filed: Citizen (apr) Timeline
Posted

 

3 minutes ago, ShawnSpiker said:

Should I do the additive with separation information or don't mention it at all?

 

Your best two options are:

 

1. Joint filing

2. File with divorce waiver

 

The first option is not possible since she won't sign. The second option is not possible because you aren't divorced yet.

 

You may not be able to file until you are divorced. So, the only answer I can give to your last question is: talk to a good immigration lawyer in your area before you file anything. See what I mentioned in may last post about continuance.

 

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ShawnSpiker Enthusiast

ShawnSpiker   4

Posted
Filed: Lift. Cond. (pnd) Country: Lebanon
 Timeline
  • Author
Posted
4 minutes ago, Ebunoluwa said:

The focus should not be on writing or not writing a letter that you were separated.
You need evidence, much more than a letter, financial co mingled evidence and much more.
Look in the ROC guide and scroll down to the list of items you ca use as good faith marriage evidence.

If you are then still unsure on what to submit then consult a lawyer.

I am preparing all that, What should I do for the affidavit! 

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Stu4Lee Community Regular

Stu4Lee   66

Posted
Filed: Lift. Cond. (apr) Country: England
 Timeline
Posted

A notarized affidavit from your future ex, attesting to a good faith marriage will hold a LOT of weight, regardless of anything else you submit as evidence.

K-1
NOA1 Nov 25th 2011
NOA2 May 30th 2012 (not a typo, 187 days no RFE)
Left NVC Jun 18th 2012
Medical Jun 28th 2012
Pkt 3 sent Jul 3rd 2012
Pkt 3 rec Jul 9th 2012 (sent before received)
Pkt 4 rec Jul 30th 2012
Interview Jul 30th 2012 (refused for lack of ongoing relationship evidence)
Approved Oct 5th 2012
Visa delivered Oct 10th 2012
POE JFK-NYC Nov 28th 2012
Married Dec 24th 2012

AOS
Package sent Jan 30th 2013
NOA1 Feb 6th 2013
Biometrics Mar 4th 2013
EAD/AP card in production Apr 5th 2013
EAD/AP card in mail Apr 11th 2013
EAD/AP card arrived Apr 13th 2013
SS card arrived Apr 19th 2013

AOS approved Sept 19th 2013 (no interview)

ROC

Package sent Sept 13th 2015

NOA1 Sept 15th 2015

Extension Letter 1yr Sept 15th 2015

Biometrics Oct 15th 2015

RFE Jul 11th 2016

Infopass 1yr extension Aug 26th 2016

RFE response Sept 30th 2016

Interview Mar 15th 2017


"You are lucky we are busy today, we are trying to clear this area, otherwise I wouldn't let you in" - Atlanta CBP Securing America's Borders

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ShawnSpiker Enthusiast

ShawnSpiker   4

Posted
Filed: Lift. Cond. (pnd) Country: Lebanon
 Timeline
  • Author
Posted
2 minutes ago, andy78 said:

 

 

Your best two options are:

 

1. Joint filing

2. File with divorce waiver

 

The first option is not possible since she won't sign. The second option is not possible because you aren't divorced yet.

 

You may not be able to file until you are divorced. So, the only answer I can give to your last question is: talk to a good immigration lawyer in your area before you file anything. See what I mentioned in may last post about continuance.

 

This is very helpful, thank you I can't really find a good lawyer!

 

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ShawnSpiker Enthusiast

ShawnSpiker   4

Posted
Filed: Lift. Cond. (pnd) Country: Lebanon
 Timeline
  • Author
Posted
3 minutes ago, Stu4Lee said:

A notarized affidavit from your future ex, attesting to a good faith marriage will hold a LOT of weight, regardless of anything else you submit as evidence.

She will not do that!

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Ebunoluwa Veteran

Ebunoluwa   6,136

Posted
Filed: AOS (apr) Country: Cyprus
 Timeline
Posted

You can file NOW with a divorce waiver. You mentioned hardship, there is no hardship waiver, you check the

box in the form where it says divorce. Then they will send you a RFE for the divorce decree, if you don't have the divorce decree
by then, you can usually get more time on continuance.

You seem totally lost in this process and you need a competent immigration lawyer
to help you through this. What are you talking about you have 10 lawyers, I highly doubt that, why make this a silly joke ?
If you can't find one single competent immigration lawyer then you are looking in the wrong places.

What do you mean you do not want to be rude to your wife and you love her ? Make up your mind either you won't be approved
or you get the divorce going to submit the final decree. It doesn't matter if she does not cooperate with the divorce, get a lawyer,

get it done without her. It is that simple.
 

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Ebunoluwa Veteran

Ebunoluwa   6,136

Posted
Filed: AOS (apr) Country: Cyprus
 Timeline
Posted

How long were you married ? When were you separated ? How long did you live at the same address ? Give some details.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Stu4Lee Community Regular

Stu4Lee   66

Posted
Filed: Lift. Cond. (apr) Country: England
 Timeline
Posted (edited)
7 minutes ago, ShawnSpiker said:

She will not do that!

Then you need to assemble some other good evidence, see the ROC guide, and probably consult a lawyer.

Neighbor/friend affidavits are generally considered padding at best

Edited by Stu4Lee

K-1
NOA1 Nov 25th 2011
NOA2 May 30th 2012 (not a typo, 187 days no RFE)
Left NVC Jun 18th 2012
Medical Jun 28th 2012
Pkt 3 sent Jul 3rd 2012
Pkt 3 rec Jul 9th 2012 (sent before received)
Pkt 4 rec Jul 30th 2012
Interview Jul 30th 2012 (refused for lack of ongoing relationship evidence)
Approved Oct 5th 2012
Visa delivered Oct 10th 2012
POE JFK-NYC Nov 28th 2012
Married Dec 24th 2012

AOS
Package sent Jan 30th 2013
NOA1 Feb 6th 2013
Biometrics Mar 4th 2013
EAD/AP card in production Apr 5th 2013
EAD/AP card in mail Apr 11th 2013
EAD/AP card arrived Apr 13th 2013
SS card arrived Apr 19th 2013

AOS approved Sept 19th 2013 (no interview)

ROC

Package sent Sept 13th 2015

NOA1 Sept 15th 2015

Extension Letter 1yr Sept 15th 2015

Biometrics Oct 15th 2015

RFE Jul 11th 2016

Infopass 1yr extension Aug 26th 2016

RFE response Sept 30th 2016

Interview Mar 15th 2017


"You are lucky we are busy today, we are trying to clear this area, otherwise I wouldn't let you in" - Atlanta CBP Securing America's Borders

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ShawnSpiker Enthusiast

ShawnSpiker   4

Posted
Filed: Lift. Cond. (pnd) Country: Lebanon
 Timeline
  • Author
Posted
Just now, Ebunoluwa said:

How long were you married ? When were you separated ? How long did you live at the same address ? Give some details.

3 years marriage, a year ago we separate. almost 2 years  we lived in the same address.

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ShawnSpiker Enthusiast

ShawnSpiker   4

Posted
Filed: Lift. Cond. (pnd) Country: Lebanon
 Timeline
  • Author
Posted
2 minutes ago, Stu4Lee said:

Then you need to assemble some other good evidence, see the ROC guide, and probably consult a lawyer.

Neighbor/friend affidavits are generally considered padding at best

Should I mention my separation in the AFFIDAVITS!

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Stu4Lee Community Regular

Stu4Lee   66

Posted
Filed: Lift. Cond. (apr) Country: England
 Timeline
Posted

You can file for divorce waiver before divorce is finalized, no need to wait

K-1
NOA1 Nov 25th 2011
NOA2 May 30th 2012 (not a typo, 187 days no RFE)
Left NVC Jun 18th 2012
Medical Jun 28th 2012
Pkt 3 sent Jul 3rd 2012
Pkt 3 rec Jul 9th 2012 (sent before received)
Pkt 4 rec Jul 30th 2012
Interview Jul 30th 2012 (refused for lack of ongoing relationship evidence)
Approved Oct 5th 2012
Visa delivered Oct 10th 2012
POE JFK-NYC Nov 28th 2012
Married Dec 24th 2012

AOS
Package sent Jan 30th 2013
NOA1 Feb 6th 2013
Biometrics Mar 4th 2013
EAD/AP card in production Apr 5th 2013
EAD/AP card in mail Apr 11th 2013
EAD/AP card arrived Apr 13th 2013
SS card arrived Apr 19th 2013

AOS approved Sept 19th 2013 (no interview)

ROC

Package sent Sept 13th 2015

NOA1 Sept 15th 2015

Extension Letter 1yr Sept 15th 2015

Biometrics Oct 15th 2015

RFE Jul 11th 2016

Infopass 1yr extension Aug 26th 2016

RFE response Sept 30th 2016

Interview Mar 15th 2017


"You are lucky we are busy today, we are trying to clear this area, otherwise I wouldn't let you in" - Atlanta CBP Securing America's Borders

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