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

By ShawnSpiker in Removing Conditions on Residency General Discussion

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ShawnSpiker   4

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

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

Should I mention the separation in my letter 

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Stu4Lee Community Regular

Stu4Lee   66

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

There is no need to mention it, many states require a minimum separation period before divorce papers can even be filed.

My state, NC, requires 12 month separation before divorce papers can even be filed.

 

If you are getting neighbors and friends to write affidavits for you, they can say for the "duration of the marriage"

 

Of course if you were ever asked in interview about separation etc you would need to mention it.

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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Stu4Lee Community Regular

Stu4Lee   66

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

Should I mention the separation in my letter 

If you mean in your cover letter with your ROC filing paperwork, then no, there is no need to mention it

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
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  • Author
Posted
4 minutes ago, Stu4Lee said:

There is no need to mention it, many states require a minimum separation period before divorce papers can even be filed.

My state, NC, requires 12 month separation before divorce papers can even be filed.

 

If you are getting neighbors and friends to write affidavits for you, they can say for the "duration of the marriage"

 

Of course if you were ever asked in interview about separation etc you would need to mention it.

I was worried they think, I am like lying about it! Are they really going to ask or contact people.

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ShawnSpiker   4

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

If you mean in your cover letter with your ROC filing paperwork, then no, there is no need to mention it

Ok, Only if they ask! Make sense actually!

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Ebunoluwa Veteran

Ebunoluwa   6,136

Posted
Filed: AOS (apr) Country: Cyprus
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Posted

It doesn't matter if you include the separation in the letter or not, it is irrelevant, I wouldn't but if asked answer truthfully

of course.

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
1 minute ago, Ebunoluwa said:

It doesn't matter if you include the separation in the letter or not, it is irrelevant, I wouldn't but if asked answer truthfully

of course.

Ok. Make sense 

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Stu4Lee Community Regular

Stu4Lee   66

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

Its a possiblity they could.

If you are worried about them contacting the people writing affidavits for you then you probably shouldnt get them to write one for you!!

 

There is better evidence you can submit anyway, check the ROC guides

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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Stu4Lee Community Regular

Stu4Lee   66

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

Ok, Only if they ask! Make sense actually!

Exactly!!  I didnt mention mine anywhere, but I wasnt asked either

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
3 minutes ago, Stu4Lee said:

Exactly!!  I didnt mention mine anywhere, but I wasnt asked either

did you use the divorce waiver too while you were waiting for the final degree to come!

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Stu4Lee Community Regular

Stu4Lee   66

Posted
Filed: Lift. Cond. (apr) Country: England
 Timeline
Posted
Just now, ShawnSpiker said:

did you use the divorce waiver too while you were waiting for the final degree to come!

Yes.

On your cover letter you can say "filing for waiver of joint filing requirement as the marriage was entered into in good faith but later terminated due to divorce (divorce proceedings pending as of mm/dd/yy)"

 

At a much later date got an RFE for final divorce judgement.

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
4 minutes ago, Stu4Lee said:

Yes.

On your cover letter you can say "filing for waiver of joint filing requirement as the marriage was entered into in good faith but later terminated due to divorce (divorce proceedings pending as of mm/dd/yy)"

 

At a much later date got an RFE for final divorce judgement.

Do you think it make sense to file for hardship waiver and get denied and after refile for a divorce waiver!

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Stu4Lee Community Regular

Stu4Lee   66

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

Your case status may never get updated on that site, ever!!

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
7 minutes ago, Stu4Lee said:

Yes.

On your cover letter you can say "filing for waiver of joint filing requirement as the marriage was entered into in good faith but later terminated due to divorce (divorce proceedings pending as of mm/dd/yy)"

 

At a much later date got an RFE for final divorce judgement.

What if my divorce take forever, (I request motion of continuous) is that correct!
Is your came on time!
I am just worried because my wife don't want to cooperate? 

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