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judefabulous

ROC in September 2017 but we are on the verge of separation.

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I and my wife got married in July 2015. I got my 2 years conditional card in December 2015. Am supposed to remove my conditions by September 2017 but right now our marriage is falling apart. My wife can't have kids due to past tubal ligation. We tried to reverse the surgery but  the doctor said the chances of her having kids are very low and there is a tendency of ectopic pregnancy. Moreover, the surgery was very expensive and we don't want to go on with it with the very low chance of success. Since then our marriage has not been the same. She has a child from a past relationship while I have no kids. We are separating because of this issues and a divorce is on the way.Am so confused. Do I need to file for the ROC with a divorce waiver ASAP or wait till we file for divorce first, get the final decree and then file the ROC? Can I still file jointly with her in September 2017 while we are seperated. I need your advices pls.

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You married someone with the understanding they couldn't have children.  I surely hope you can go to counselling to help your marriage and get over this child issue.  Adoption is an option obviously if you two want to raise nore than one child together. 

 

If you are set on divorce then file within your 90 day period with a divorce waiver.  If you do not have the final divorce decree they will rfe for it. 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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This is such a tragic situation. It really saddens me. I truly hope you will reconsider and stay with your wife. Now that you're in America, you know there are options here. Many people choose to not have kids, or adopt or have foster children. God's blessings come in many different ways. I pray you guys do have kids as the doctors haven't ruled it out completely yet.

 

As far as the ROC divorce waiver, I agree with the PP, you'd have to be divorce before getting it. Wait till it is finalized.

 

Good luck and God bless.


~Sofi~

Bismillah

4/11/17: Mailed I-751

4/13/17: Package Arrived, NOA1 dated

4/27/17: Check Cashed

4/29/17: NOA Received

5/6/17:   Bio-metrics Letter Received

5/19/17: Bio-metrics Apointment

 

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1 hour ago, judefabulous said:

I and my wife got married in July 2015. I got my 2 years conditional card in December 2015. Am supposed to remove my conditions by September 2017 but right now our marriage is falling apart. My wife can't have kids due to past tubal ligation. We tried to reverse the surgery but  the doctor said the chances of her having kids are very low and there is a tendency of ectopic pregnancy. Moreover, the surgery was very expensive and we don't want to go on with it with the very low chance of success. Since then our marriage has not been the same. She has a child from a past relationship while I have no kids. We are separating because of this issues and a divorce is on the way.Am so confused. Do I need to file for the ROC with a divorce waiver ASAP or wait till we file for divorce first, get the final decree and then file the ROC? Can I still file jointly with her in September 2017 while we are seperated. I need your advices pls.

Your story makes me really sad but if there's a way that you both can save your marriage, that would be great. A marriage counselling might be helpful or maybe a vacation for just the two of you to sort things out will also be a good idea. RE: Divorce, I believe USCIS will typically grant removal of conditions with appropriate evidence of divorce, i.e. a divorce decree or waiver. This link might be helpful to you - http://www.nolo.com/legal-encyclopedia/divorce-your-conditional-residence-status-how-file-divorce-waiver-with-form-i-751.html


710-23-2014 - K1 interview (Phils): Approved
10-31-2014 - K1 Visa received
01-20-2015 - POE
02-20-2015 - Marriage
03-20-2015 - AOS/EAD/AP Packet Submission (day 0) ** date I submitted ***
03-24-2015 - NOA1 received (day 4)
03-27-2015 - NOA1 hard copies received (day 7)
04-06-2015 - Biometrics letter hard copy received (day 17)
04-16-2015 - Biometrics Appointment (day 27)
05-01-2015 - USCIS changed to Interview is scheduled (day 42)
05-06-2015 - Hardcopy of interview notice received ( I-797 C, NOA) (day 46)
06-02-2015- Conditional GC got approved (day 82) 
06-08-2015- Hard copy of Welcome notice received via mail (day 88)
06-10-2015- Actual GC received via mail  (day 90)
ROC
4/06/17 - Sent package (day 0)
4/7/17 -  USCIS received package (day 1) NOA date
4/14/17 - check encashed (day 😎
4/15/17 - NOA 1 received (day 9)
4/22/17 - Biometrics notice date (day 16)
4/29/17 - Biometrics notice letter received (day 23)
5/9/17 - Biometrics done (day 33)
3/19/18 - Case approved
3/23/18 - Approval letter received
4/6/18 - Actual 10-yr GC received 
N400 (under 3-year rule)
4/27/18 - filed N400 online (Friday) (day 0)
4/27/18 - paid/payment received (day 0)
4/27/18 - NOA date
5/21/18 - Biometrics done
7/25/18 - Interview letter date
8/31/18 - Scheduled interview. Got approved!
9/20/18 - Naturalization ceremony in Faneuil Hall, Boston, MA
 
"Seasons of waiting are designed to prepare you, stretch your faith, and get you ready for everything that's coming next" - curiano quotes life

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1 hour ago, judefabulous said:

Can I still file jointly with her in September 2017 while we are seperated. 

Yes

 

1 hour ago, judefabulous said:

. Do I need to file for the ROC with a divorce waiver ASAP or wait till we file for divorce first, get the final decree and then file the ROC? 

You can do either, or file jointly and keep it joint, or file it jointly and add a divorce waiver at a later date.

Choice is yours


CR1 / DCF (London): 2012 / 2013 (4.5 months from I-130 petition to visa in hand)

 

I-751 #1 [Denied]

 

Early May 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
May 2015: Notice of receipt/1yr extension received, dated day of receipt. This was forwarded to me outside the US, and no issues re-entering multiple times.
June 2015: Biometrics completed - walk in / argument, stressing proof of imminent travel and multiple prior inconvenient appointments & reschedules.
May 2016: Vermont Service Centre updated to processing May 2015 cases, therefore my case is now classed as outside normal processing time
May 2016: Service request sent (whatever that is) after calling to find out why I am still waiting after 12 months. Unable to tell me anything.
May 2016: Letter received in response, stating processing is on hold due to 'pending security checks' with no other information. Not helpful.
May 2016: (7am) - Infopass appointment for I-551 Stamp in passport.  (8am) - Returned to USCIS office for another I-551 stamp after realizing the dumbass put the expiry stamp as 2015 not 2017. Two entire passport pages wasted. Cheers. 

Oct 2016: Infopass appointment (not at local office). USCIS have sent my file to an overseas office, in a country that neither myself or my spouse have ever resided in. It has sat there untouched for five months. Why? Who knows. Internal query requesting urgent clarification is sent by USCIS officer.  
Oct 2016: An identical 'pending security check'  letter received, addressing precisely none of my or the immigration officers legitimate queries. 
Nov 2016: Infopass appointment: My file is now back in the US and at my local office...no other updates or progress. 
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 - enough is enough. 
May 2017: Yet another infopass. No updates, interview of further progress. Still no response from Congressperson, Senator, or Ombudsman received. 
June 2017: 68 days after contacting them, the Ombudsman finally contacted USCIS. 'It may take up to 60 days to receive a response'.   
July 2017:  A follow up enquiry sent by Ombudsman to USCIS after receiving no response or action after 45 days. I am Jack's complete lack of surprise. 
August 2017: 60 days has come and gone with no response from USCIS. Contacted the Ombudsman who will contact them AGAIN. 
August 2017: Email from Ombudsman - USCIS have scheduled an interview at the very end of August .  
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
September 2017: Now 4 weeks since interview, my file has not moved from the officers desk, and no decision is showing when I call and speak to a Tier 2.  
September 2017: Request filed for Senator assistance (a different senator - maybe I will get a reply & assistance from this one?). 
October 2017: 37 days since interview....and no decision.  W, and indeed, TF is going on???? 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS

I-751 #2 [Pending] 

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.  

October 2017: I-797C Receipt/extension letter received, dated day of receipt at VSC 

October 2017: Another I-551 stamp obtained at infopass appointment, as the extension letter is useless with a 2yr card that expired 2.5yrs ago! 

November 2017: Biometrics completed (early walk-in) 

2018: Re-entered US multiple times with second I-751 extension letter & stamp. Quick trip to secondary required to verify, and stamped in as normal

  

N-400 [Pending] 

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

February 2018: Biometrics completed (walk-in)

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I'm confused, I mean surely these things were discussed and agreed upon before marriage?!?!?! 

 

File ROC with divorce waiver.


Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

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**** two osts removed for judgemental/ unhelpful comments.  Post constructively with advice for the OP or do not post. *****


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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IVF or Segregate. Like mentioned, you went into this marriage knowingly of her fertility status. I think this is not going in your favor in regards with US immigration. 


04/21/2016 : Married

11/17/2016 : I-130 sent ( NSO marriage certificate took forever) 

11/23/2016 : I-130 case accepted notified by email NOA1

01/27/2017 : USCIS APPROVED NOA2

02/04/2017 : NOA2 hardcopy received in mail

02/28/2017 : Case received by NVC

03/02/2017 : Agent assigned 

03/07/2017 : Case number assigned with invoice

03/28/2017 : Fees paid (IV and AOS)
04/05/2017 : DS260 online form completed
04/09/2017 : IV and AOS package sent to NVC
04/12/2017 : Requested for NVC expedite
04/17/2017:  NVC expedite approved 

04/18/2017:  In Transit 

04/20/2017: Received in Manila (may schedule for interview)
05/11/2017: SLEC -CLEARED 
05/25/2017: Interview @ Manila Embassy - APPROVED

05/30/2017: VISA on hand plus packet

06/08/2017: POE: California  

06/14/2017: Social Security card received through DS260 filing

06/24/2017: Green card received 

 

CRBA 

04/10/2017: CRBA sent to Embassy via FedEx 

04/19/2017: Appointment scheduled 

05/04/2017: Interviewed and approved 

05/17/2017: CRBA certificate on hand

05/26/2017: U.S Passport on hand

06/02/2017: Paid for ECC and Extension fees

06/08/2017: POE

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23 hours ago, judefabulous said:

I and my wife got married in July 2015. I got my 2 years conditional card in December 2015. Am supposed to remove my conditions by September 2017 but right now our marriage is falling apart. My wife can't have kids due to past tubal ligation. We tried to reverse the surgery but  the doctor said the chances of her having kids are very low and there is a tendency of ectopic pregnancy. Moreover, the surgery was very expensive and we don't want to go on with it with the very low chance of success. Since then our marriage has not been the same. She has a child from a past relationship while I have no kids. We are separating because of this issues and a divorce is on the way.Am so confused. Do I need to file for the ROC with a divorce waiver ASAP or wait till we file for divorce first, get the final decree and then file the ROC? Can I still file jointly with her in September 2017 while we are seperated. I need your advices pls.

Did you and your wife try IVF or egg donation?


ROC Timeline
Service Center: Vermont
90 Day Window Opened....08/22/17
I-751 Packet Sent..............08/23/17
NOA1 Dated.......................08/25/17
NOA1 Mailed......................08/30/17
NOA1 Received..................09/02/17
Check Cashed....................08/31/17
Biometrics Mailed...............09/20/17
Biometrics Received..........09/22/17
Biometrics Appointment.....10/03/17
Approved............................09/24/18
 

N400 Timeline

90 Day Window Opens...........08/22/18

N-400 Filed (Online)...............08/23/18

Receipt Notice.......................08/24/18

Biometrics Letter Rcvd..........08/31/18

Biometrics Appointment.......09/21/18

In Line For Interview.............xx/xx/xx

Interview Letter Rcvd............xx/xx/xx

Interview................................xx/xx/xx

Oath.......................................xx/xx/xx

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Having kids is not the issue here. We have tried the IVF. It was not successful because of an ectopic pregnancy. My wife does not want to adopt or foster. You really don't know what some people go through in their relationship till you are in their shoes. I thank you all for your advices and for those of you that feels that they can judge me here...thank you too.

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On 5/19/2017 at 7:32 AM, judefabulous said:

Having kids is not the issue here. We have tried the IVF. It was not successful because of an ectopic pregnancy. My wife does not want to adopt or foster. You really don't know what some people go through in their relationship till you are in their shoes. I thank you all for your advices and for those of you that feels that they can judge me here...thank you too.

You said you were getting a divorce because having children is too expensive and hard?  People only have what you've stated to base their opinions on, even though you didnt ask for their opinions.

 But you are correct that we can't know your life since we don't live it.  Best of luck to you and your family.  


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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