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Divorce before Conditional Removal

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Filed: Citizen (apr) Country: Vietnam
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My cousin got married (Vietnamese to White American) and they got divorced on a good term due to unresolved differences and her husband wrote a letter explain the situation so she could get her condition removed.  She hired an immigration lawyer for her case. UCCIS rejected her application but agreed to extend her green card on 2 years basic: every 2 years, she must go to assigned place, they review if she pays her tax, etc, then they will extend another 2 years on her green card.  She has been doing this for 10 years or so.  She is kind of tired of doing this and she has dated a her boyfriend for 6-7 years now and decided to marry him.

 

 Will her new marriage help her obtain 10 years green card - anyone in this situation?  She will get married no matter what but I just wonder if anyone has faced this situation and give some insights.

 

 

Edited by RTLE
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Filed: Citizen (apr) Country: Vietnam
Timeline
4 minutes ago, Georgia16 said:

Why has she not applied to become a USC?

They are not allowed her to do it, her extended green card has some condition on it and she is not allowed to apply for N-400.  Her lawyer has been helping her but let face it - it has been 10+ years.

Edited by RTLE
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Filed: K-1 Visa Country: Malaysia
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13 minutes ago, RTLE said:

My cousin got married (Vietnamese to White American) and they got divorced on a good term due to unresolved differences and her husband wrote a letter explain the situation so she could get her condition removed.  She hired an immigration lawyer for her case. UCCIS rejected her application but agreed to extend her green card on 2 years basic: every 2 years, she must go to assigned place, they review if she pays her tax, etc, then they will extend another 2 years on her green card.  She has been doing this for 10 years or so.  She is kind of tired of doing this and she has dated a her boyfriend for 6-7 years now and decided to marry him.

 

 Will her new marriage help her obtain 10 years green card - anyone in this situation?  She will get married no matter what but I just wonder if anyone has faced this situation and give some insights.

 

 

She is entitled to apply for citizenship. So, skip the green card things and apply for citizenship.

DISCLAIMER: I'm not working with USCIS/NVC and never work with them. All my comment based on my own experience and what I read. 

 

"When you have a fight with your partner, remember that it is not you against your partner but it is both of you against the problem" :) 

 

 
I-129F Sent : 2017-05-12

I-129F NOA1 :

I-129F NOA2:

2017-06-17

2017-11-29 (Date on hard copy) / 2017-11-30 (Date USCIS Website/Online Tracker App)

NVC Received Date:                 2018-01-16

NVC Case No. assigned:         2018-01-16

NVC Left:                                    2018-01-20

Consulate Received:                2018-01-22

Packet 3 Received:                   2018-01-27

Packet 3 Sent:                           2018-01-27

Interview Date:                          2018-03-08

Visa Received:                          2018-03-13

US Entry:                                    2018-03-19

SSN Application:                      2018-04-03

SSN Received:                          2018-05-02

Marriage:                                   2018-05-05

Marriage Certificate

Received:                                   2018-05-15

Change name in SSN:             2018-06-04

AOS, AP & EAD submitted:    2018-07-06

NOA 1 (email):                          2018-07-10

NOA 1 (mail):                            2018-07-16

Biometric app:                          2018-08-09

EAD & AP Received:                2018-xx-xx

AOS Interview:                          2018-09-24 
Approval/Denied:                      Approved 

Green Card Received:             2018-09-29

 

 

 

 

 

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Filed: Citizen (apr) Country: Vietnam
Timeline
1 minute ago, Perfect two 💑 said:

She is entitled to apply for citizenship. So, skip the green card things and apply for citizenship.

Let me ask her to get some of her paperwork but according to her/her lawyer, they have some conditions on her extended green card that prevent her from getting US citizenship.  I will double check with her.

Edited by RTLE
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Filed: Citizen (apr) Country: Colombia
Timeline

Having an attorney should help. For whatever reason, USCIS has put her green card status in this limbo. The attorney should be able to figure out why there are conditions on her gc and how to get them removed. Good luck.

Marriage: 2014-02-23 - Colombia    ROC interview/completed: 2018-08-16 - Albuquerque
CR1 started : 2014-06-06           N400 started: 2018-04-24
CR1 completed/POE : 2015-07-13     N400 interview: 2018-08-16 - Albuquerque
ROC started : 2017-04-14 CSC     Oath ceremony: 2018-09-24 – Santa Fe

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Filed: Citizen (apr) Country: Vietnam
Timeline
Just now, Russ&Caro said:

Having an attorney should help. For whatever reason, USCIS has put her green card status in this limbo. The attorney should be able to figure out why there are conditions on her gc and how to get them removed. Good luck.

Thing is that she already has her lawyer and they have been working together since beginning but she has started to help some doubts regarding his qualifications/ethics. 

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Filed: Citizen (apr) Country: Vietnam
Timeline
2 minutes ago, NikV said:

this sounds fishy. not to offend you but I have heard of few attorneys who do shady things to keep extending the cases for charging clients. Most victims that I have known are blue collar uneducated south of the border folks. I would suggest you to look into hiring another attorney or at least have a second opinion.

It could be, the problem, she trusts (or at least trusted) lawyer than family members so she has never given me her paperwork to look into.  

:) I am allowed to ask our company immigration lawyer but I have not used this favor from my boss - it may be time to use this card.

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57 minutes ago, NikV said:

this sounds fishy. not to offend you but I have heard of few attorneys who do shady things to keep extending the cases for charging clients. Most victims that I have known are blue collar uneducated south of the border folks. I would suggest you to look into hiring another attorney or at least have a second opinion.

^^ seconding this

Spoiler

Petitioner: USC | Applicant: B2 | (c)9 AOS (Marriage)

07/31/18: Filed I-130, I-130A

08/01/18: Delivered Potomac Processing Center

08/07/18: Text/Mail Notifications (for I-130)

08/14/18: Hard Copy NOA (for I-130)

08/24/18: Mailed I-485, I-765, I-864

08/27/18: Delivered

08/31/18: Filed

09/04/18: Text Notifications (for I-485, I-765, I-864)

09/06/18: Hard Copy NOA (for I-485, I-765, I-864)

09/14/18: Biometrics letter rec'd

09/26/18: Biometrics appt completed

10/02/18: Ready for interview to be scheduled.

12/18/18: Form I-130 APPROVED!

01/27/19: EAD Approved and card being printed!

02/02/19: Combo card and SSN card arrived!

03/08/19: Text and online notification that interview has been scheduled.

04/16/19: Interview.  AOS approval text rec'd.  Card in production!

04/24/19: GC in hand! 

 

Removal of Conditions

Here we go!

02/10/21: I-751 package sent

02/12/21: Delivered to Phoenix, AZ

03/22/21: Money order cashed

03/24/21: Text notification rec'd

03/25/21: NOA rec'd

04/30/21: Case updated: Fingerprints taken

06/27/22: Approved!  Card being produced!

07/05/22: 10-year GC in hand!

 

 

4vrsm5.pngN3Zem6.png

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Filed: Citizen (apr) Country: Vietnam
Timeline
2 minutes ago, H&T said:

This sound fishy with me. Never see anything like needs to extend the GC every two year.

The fact that it gets extended every 2 years must be true, as she has been going to USCIS office every two years for that (unless she lied to us).  However, the fact that she could not take N-400 could be big question mark (after hearing from forum members).  I will convince her send her case to me so I can review with my company lawyer to get some idea so she can fire her current lawyer and find a new one if needed.

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Filed: Citizen (apr) Country: Romania
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5 hours ago, Perfect two 💑 said:

She is entitled to apply for citizenship. So, skip the green card things and apply for citizenship.

???? How can she apply for citizenship if she was denied ROC? 

K1 Visa                                                                 Adjustment of Status                                                             ROC

Service Center : California Service Center                        CIS Office : Kansas City MO Service Center                           California Service Center

Consulate : Bucharest, Romania

I-129F Sent : 2011-11-18                                 Date Filed : 2012-09-04 Date                            Filed: 2015-05-26

I-129F NOA1 : 2011-11-23                                      NOA Date : 2012-09-06                                                             NOA1 Date: 2015-05-28

I-129F RFE(s) : none                                              RFE(s) : NONE                                              RFE(s): NONE

I-129F NOA2 : 2012-04-12                                                 Bio. Appt. : 2012-10-03                                                              BIO. Appt.: 2015-09-15

NVC Received : 2012-04-26

NVC Left : 2012-05-10                                           EAD/AP Approved : 2012-11-08                             ROC APPROVED:2015-10-26      

Consulate Received : 2012-05-14                               EAD/AP Card Received : 2012-11-17                         Green card Received: 2015-11-04    

Packet 3 Received : 2012-05-17                                          Green card Approved : 2013-07-08                        NO INTERVIEW

Packet 3 Sent : 2012-05-20                                                    NO INTERVIEW

Interview Date : 2012-06-26                                                 Green Card Received : 2013-07-15

Interview Result : Approved                                                 

Visa Received : 2012-06-26                                                   

US Entry : 2012-07-05

Marriage : 2012-08-24

 

N-400 Naturalization:

04/25/2016 N-400 sent to USCIS AZ courier address thru FedEx

05/04/2106 NOA I-797 Receipt Notice Date
05/27/2016 Fingerprints Bio-metrics appointment date
06/08/2016 E-notification of interview scheduling
06/13/2016 Received official letter regarding interview
07/18/2016 Date of Interview
08/11/2016 Date Oath Ceremony
Field Office: Kansas City, MO

event.png
 

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Filed: Citizen (apr) Country: Romania
Timeline
5 hours ago, Perfect two 💑 said:

She is entitled to apply for citizenship. So, skip the green card things and apply for citizenship.

 

It sounds like she was denied roc and in removal proceedings with a deferred deportation option where she was under the supervision of ICE and needed to check in every 2years

 

http://www.charlottelaw.net/osup

Edited by agrabs

K1 Visa                                                                 Adjustment of Status                                                             ROC

Service Center : California Service Center                        CIS Office : Kansas City MO Service Center                           California Service Center

Consulate : Bucharest, Romania

I-129F Sent : 2011-11-18                                 Date Filed : 2012-09-04 Date                            Filed: 2015-05-26

I-129F NOA1 : 2011-11-23                                      NOA Date : 2012-09-06                                                             NOA1 Date: 2015-05-28

I-129F RFE(s) : none                                              RFE(s) : NONE                                              RFE(s): NONE

I-129F NOA2 : 2012-04-12                                                 Bio. Appt. : 2012-10-03                                                              BIO. Appt.: 2015-09-15

NVC Received : 2012-04-26

NVC Left : 2012-05-10                                           EAD/AP Approved : 2012-11-08                             ROC APPROVED:2015-10-26      

Consulate Received : 2012-05-14                               EAD/AP Card Received : 2012-11-17                         Green card Received: 2015-11-04    

Packet 3 Received : 2012-05-17                                          Green card Approved : 2013-07-08                        NO INTERVIEW

Packet 3 Sent : 2012-05-20                                                    NO INTERVIEW

Interview Date : 2012-06-26                                                 Green Card Received : 2013-07-15

Interview Result : Approved                                                 

Visa Received : 2012-06-26                                                   

US Entry : 2012-07-05

Marriage : 2012-08-24

 

N-400 Naturalization:

04/25/2016 N-400 sent to USCIS AZ courier address thru FedEx

05/04/2106 NOA I-797 Receipt Notice Date
05/27/2016 Fingerprints Bio-metrics appointment date
06/08/2016 E-notification of interview scheduling
06/13/2016 Received official letter regarding interview
07/18/2016 Date of Interview
08/11/2016 Date Oath Ceremony
Field Office: Kansas City, MO

event.png
 

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