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TexaswithLove

Removal of Condition but no longer with her petitioner!

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I would like to raise a question on behalf of a mutual friend inquiring a solution to this matter.

An individual arrived to the US under a K1 visa and got married within the 90 days time frame. After  16 months requested for a divorce due to emotional and verbal abuse. Also, a "rape attempt"  from a family member of her spouse but no reports were made. An agreement was made between the couple that if he paid her $10k she would not bring his illegal whereabouts to light. The man filed for divorce after he processed her request for adjustment of status in order to receive her conditional green card. Upon receiving the green card, she flew to her home land and stayed there for 90days. Then, she flew back to a different state using her conditional green card. Sixty to 90 days later, she decided to remarry  a soldier after receiving a copy of her divorce decree. The  conditional visa will expire  120 days after their relocation to another state.

 

My question's are:

1.) What will happen to this person?

2.) Will her new spouse be able to save her from this situation?

3.) How does she go about with her Removal of Condition?


TexaswithLove

I-751 Removal of Condition Time line:

06/01/2009--Sent Documents (VSC)

06/04/2009--Delivered @ 3:30pm per USPS website

06/10/2009--Check Cashed

06/13/2009--Received NOA/Extension Letter ( dated 06/05/2009)

06/22/2009--Biometrics Appointment letter received(dated 06/16/2009)

07/07/2009--Original Date for my Biometrics Schedule

07/02/2009--Received Cancellation Notice for my original biometrics appointment

07/16/2009--New Biometrics Schedule Received (dated 06/26/2009)

10/24/2009--Received Letter of Approval, Date of Decision 10/20/2009

11/06/2009--Finally received my 10 year Green Card in the mail

N-400 Application for Naturalization Timeline:

10/22/2011-- Sent Documents ( USCIS Dallas Lockbox Facility)

10/24/2011-- Documents delivered @ 12:05pm per USPS website

10/28/2011-- Check Cashed

10/31/2011-- Received NOA. Priority date 10/24/11

11/03/2011-- Received Biometric Appointment Letter. Scheduled to appear for 11/17/2011

11/17/2011-- Biometrics Completed!

11/28/2011-- Got Text/Email,Placed in line for interview scheduling

11/29/2011-- Got text/email interview scheduled

01/19/2012-- Interview Date, PASSED

02/13/2012-- Got text/email, placed in oath scheduling que

03/28/2012-- Oath Ceremony @ 8:30 AM (I'm so proud to be American)

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*~*~*moved from "removing conditions" to "effects of major family changes" where similar topics are discussed*~*~*

Edited by JFH

event.png

Reunited at last!

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US permanent resident since December 19, 2016

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4 minutes ago, TexaswithLove said:

1.) What will happen to this person?

2.) Will her new spouse be able to save her from this situation?

3.) How does she go about with her Removal of Condition?

  1. She needs to file for ROC before her current green car expires. Since she has a final divorce decree, she can do so at any point before it expires. She can do ROC fine if she can show that she entered into the marriage in good faith.
  2. The new spouse can't "save" her from anything...she needs to prove that she entered into the previous marriage in good faith. Arguably, it will be more difficult having a new spouse so soon (although him initiating the divorce is better IMO).
  3. File form I-751. Guide: http://www.visajourney.com/content/751guide

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Btw, she started chatting with the new husband while she was still married with original petitioner😧 that's a red flag already.


TexaswithLove

I-751 Removal of Condition Time line:

06/01/2009--Sent Documents (VSC)

06/04/2009--Delivered @ 3:30pm per USPS website

06/10/2009--Check Cashed

06/13/2009--Received NOA/Extension Letter ( dated 06/05/2009)

06/22/2009--Biometrics Appointment letter received(dated 06/16/2009)

07/07/2009--Original Date for my Biometrics Schedule

07/02/2009--Received Cancellation Notice for my original biometrics appointment

07/16/2009--New Biometrics Schedule Received (dated 06/26/2009)

10/24/2009--Received Letter of Approval, Date of Decision 10/20/2009

11/06/2009--Finally received my 10 year Green Card in the mail

N-400 Application for Naturalization Timeline:

10/22/2011-- Sent Documents ( USCIS Dallas Lockbox Facility)

10/24/2011-- Documents delivered @ 12:05pm per USPS website

10/28/2011-- Check Cashed

10/31/2011-- Received NOA. Priority date 10/24/11

11/03/2011-- Received Biometric Appointment Letter. Scheduled to appear for 11/17/2011

11/17/2011-- Biometrics Completed!

11/28/2011-- Got Text/Email,Placed in line for interview scheduling

11/29/2011-- Got text/email interview scheduled

01/19/2012-- Interview Date, PASSED

02/13/2012-- Got text/email, placed in oath scheduling que

03/28/2012-- Oath Ceremony @ 8:30 AM (I'm so proud to be American)

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11 minutes ago, TexaswithLove said:

Btw, she started chatting with the new husband while she was still married with original petitioner😧 that's a red flag already.

That it is (and I kinda assumed there was more going on with the timeline ;)). It's not a cause for a denial, but it's 1 factor they are likely to consider..


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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They don't care if you cheated.  They care if you entered the marriage in good faith.  With a very short marriage, this will be difficult to provide evidence for.  She should join herself with questions. 


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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7 hours ago, TexaswithLove said:

1.) What will happen to this person?

If she fails to file an I-751, termination of lawful permanent resident status.

If she files the I-751 with a divorce waiver, either approval and issuance of a 10yr card - subject of course to evidence of bona-fide-ness being provided to the required standard - or a denial.

 

7 hours ago, TexaswithLove said:

2.) Will her new spouse be able to save her from this situation?

Her I-751 is concerned with the marriage to the USC who she gained permanent residence from. The fact that she has a new spouse is largely irrelevant. 

 

 

7 hours ago, TexaswithLove said:

3.) How does she go about with her Removal of Condition?

The same way as anyone else - instructions and form HERE , making sure that the waiver box is ticked, and a copy of the final divorce decree is enclosed. Once a waiver is requested, the USC spouse is not involved in the process, and should an interview be scheduled, will not be required to attend.

 

 

6 hours ago, TexaswithLove said:

Btw, she started chatting with the new husband while she was still married with original petitioner😧 that's a red flag already.

Marriages break down, and USCIS are well aware of this, and for the most part they really couldn't care less why.

Who actually filed the initial divorce papers would be more relevant (and indeed, was specifically asked and noted in my interview) rather than who did what to who and why.


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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