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Ferdine

Request for evidence/I797/Separation

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Hello, I'm writing on this forum because i really need help. The last year i filled an application to remove the condition on my GC and received a I797.

However, in November I left my apartment and my SO because she was more and more abusive toward me: i got my own apartment and updated the address with the USCIS because I didn't have the choice.

Today i got a request for evidence ( the lease submitted has expired and doesn't establish the commingling of assets, financial responsibilities and co-habilitation during marriage) and I can't really prove that my marriage is not a fraud since we don't have the same lease anymore. When we were married, we had very little things in common because she never wanted to share her money. I can find old lease, health insurances, taxes and car insurances, but i thought i submitted these already...

Now I have until may to resolve this issue, should I divorce and reapply on my own? Should i send the evidences i have and continue? 

I'm lost, the last months have been awful and the only evidences of abuse I have are some pictures...

Each time I called the cops, i felt guilty and asked them to not take her away, because i care about her.

I really need help, I'm very vulnerable and want to make the best decision possible in order to protect my GC and my job. Please help me.

 

Ps: I can't afford a lawyer in my current situation...

Edited by Ferdine

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4 hours ago, Ferdine said:

Hello, I'm writing on this forum because i really need help. The last year i filled an application to remove the condition on my GC and received a I797.

However, in November I left my apartment and my SO because she was more and more abusive toward me: i got my own apartment and updated the address with the USCIS because I didn't have the choice.

Today i got a request for evidence ( the lease submitted has expired and doesn't establish the commingling of assets, financial responsibilities and co-habilitation during marriage) and I can't really prove that my marriage is not a fraud since we don't have the same lease anymore. When we were married, we had very little things in common because she never wanted to share her money. I can find old lease, health insurances, taxes and car insurances, but i thought i submitted these already...

Now I have until may to resolve this issue, should I divorce and reapply on my own? Should i send the evidences i have and continue? 

I'm lost, the last months have been awful and the only evidences of abuse I have are some pictures...

Each time I called the cops, i felt guilty and asked them to not take her away, because i care about her.

I really need help, I'm very vulnerable and want to make the best decision possible in order to protect my GC and my job. Please help me.

 

Ps: I can't afford a lawyer in my current situation...

Something is not adding up here.  VAWA requires the Police to arrest either the husband or spouse when a domestic assault occurs so your assertion that you called the Police and then felt sorry for your spouse ans told the Police to not arrest her does not add up.  Were Police reports made?  Did the Police ever actually show up at your residence?

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They don't arrest people all the time, it's what they should do, but sometimes they don't, especially if the husband and the wife try to mitigate the consequences. The showed up and talked to us, each time.

Anyway, I don't want advises about the violence which occurred during my marriage, but help to move forward. As I said I have simple pictures, nothing else.

Currently I can't provide anything else to the USCIS than IRS Transcripts with our SSN; some insurances cards ( car and Health) and one payment I got after an accident with our names. I have plane tickets and pictures for the last eight years but nothing establishing strong financial assets or responsibilities.

I just need to know if I should answer the RFE or cancel the I751 (Is it even possible?) and reapply, what do you think?

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8 hours ago, Ferdine said:

Hello, I'm writing on this forum because i really need help. The last year i filled an application to remove the condition on my GC and received a I797.

However, in November I left my apartment and my SO because she was more and more abusive toward me: i got my own apartment and updated the address with the USCIS because I didn't have the choice.

Today i got a request for evidence ( the lease submitted has expired and doesn't establish the commingling of assets, financial responsibilities and co-habilitation during marriage) and I can't really prove that my marriage is not a fraud since we don't have the same lease anymore. When we were married, we had very little things in common because she never wanted to share her money. I can find old lease, health insurances, taxes and car insurances, but i thought i submitted these already...

Now I have until may to resolve this issue, should I divorce and reapply on my own? Should i send the evidences i have and continue? 

I'm lost, the last months have been awful and the only evidences of abuse I have are some pictures...

Each time I called the cops, i felt guilty and asked them to not take her away, because i care about her.

I really need help, I'm very vulnerable and want to make the best decision possible in order to protect my GC and my job. Please help me.

 

Ps: I can't afford a lawyer in my current situation...

Sorry about your situation.

 

If you are currently separated and going through divorce, you can request USCIS to amend your petition to Divorce Waiver. In this option you do not have to file I-751 again.  USCIS will issue another RFE for your final divorce decree with an 87 day response period. 

Here is more information on this:

https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

 

image.png.9876681638d4ad4ab9168d8eacd94295.png

 

Also, here is the USCIS policy memorandum on this topic:

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_ Prior_Termination_3apr09.pdf

 

You must respond to the current RFE you have received before the deadline. Maybe you can include the request to amend the petition to divorce waiver with the RFE, I am not sure about this. Maybe someone with more experience with this can chime in?

 

You also have the option to file a second (new) I-751 as a divorce waiver (& also pay the fees again) and withdraw your first I-751 petition.This thread has more information on this option:

 

 

Good luck!!

Edited by H-M

AOS timeline:

Spoiler

12/21/2015: I-485 Received by USCIS

12/24/2015: I-485 NOA date

02/26/2016: Biometrics Appointment

04/04/2017: Interview @ Louisville Field Office

04/06/2017: I-485 Approved

04/12/2017: GC Received

 

ROC timeline:

Spoiler

01/06/2019: 90-day ROC filing window open

01/07/2019: Sent I-751 petition to USCIS Dallas Lockbox via USPS 2-day Priority Mail

01/09/2019: ROC package delivered by USPS to PO Box

01/14/2019: Received USCIS text message with receipt number starting with LIN-xxxxxxx

01/15/2019: Check cashed, Added receipt# to USCIS account (myaccount.uscis.dhs.gov), Current Status: "We received your case, You do not need to do anything at this time"

02/14/2019: Submitted e-request for non-delivery of receipt notice

02/28/2019: Received e-request response. Receipt notice was never initially sent and we should receive it in 10-14 business days

03/04/2019: Received original NOA1 letter with 18 month extension

 

I-751 ROC Package Contents, Assembly & Photos:

https://www.visajourney.com/forums/topic/693181-i-751-january-2019-filers/?do=findComment&comment=9522611

https://www.visajourney.com/forums/topic/693181-i-751-january-2019-filers/?do=findComment&comment=9522687

 

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Currently I'm  short with money and that's why i didn't start the divorce process. Also I was afraid to not get my GC and wanted to give it a shot. Now, I have a RFE and because we didn't have joint bank accounts or stuff like that, I can only provide IRS transcripts, some insurances cards and pictures, in order to demonstrate that our marriage was legitimate. It hurts because it was an unusual relationship in many regards, but was real and I have almost ten years of emails and pictures, flight tickets to prove it. I'll prepare a package containing all the evidences i can gather, a cover letter and ask for a waiver.

Do you know where i could find resources explaining how to get a waiver please?

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15 minutes ago, Ferdine said:

Do you know where i could find resources explaining how to get a waiver please?

USCIS website has all the resources you need.

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16 hours ago, Ferdine said:

I know the situation is complicated, can someone tell me how to stop the 751 if i fill an application to divorce and how to restart one with a waiver?

It's not that complicated. I would respond to the RFE which is a must. Get your old lease and whatever evidence you have. You only can submit what you have. I would also send them a letter explaining what happened and that you guys now are separated and going to file a divorce soon. File a divorce and whenever the divorce is finalized submit a copy to the USCIS. Don't waste time and money on filling a new petition. Just amend this petition and switch to waiver and you'll be good.


I-751 #1 - March 2015 (Jointly filed)

April 2015: Bio-metrics completed

11/30/2018 Interview Notice for 01/07/2019

01/07/2019: Withdrawn at the interview due to divorce and another 751 filed after the divorce and switched to the waiver case

 

I-751 #2 - March 2017 (Waiver)

April 2017: Bio-metrics completed

01/07/2019: Interview

01/14/2019: Approval Notification via Email

 

N-400 #1 Feb 2016 (Pending)(3-year Rule) 

February 2016: N-400 filed under the 3 year rule.

February 2016: Bio-metrics completed

04/29/2016: Interview Notice in the mail For 06/08/2016

06/01/2016: Interview was cancelled due to unforeseen circumstances (probably cause the 751 was still pending)

01/16/2019: Case changed online again to interview was scheduled for 03/06/2019

03/06/2019 The Interview (Can't be approved since I'm not eligible for the 3 year rule anymore, will have to file again under the 5 year rule, FML)

03/09/2019: Official Deny letter Via certified mail

 

N-400 #2 March 2019 IOE (Pending)(5-year Rule) 

03/09/2019: N-400 filed online under the 5 year rule (Within 72 hours of the interview)

03/09/2019: NOA1 via web Portal

03/18/2019: NOA1 in the mail

03/19/2019: NOA2 via web Portal. Bio-metrics for 04/02/2019

03/21/2019: Successful early walk-in Bio-metrics

 

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I got some documents today including "police records" they had. I can't create evidences but gather what i can. I plan to make a package containing evidences from our relationship, pictures, tickets, etc... and apply for a divorce and obviously explain everything in a cover letter. I'll do my best.

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Will your future ex speak the truth about your relationship? Will he/she provide a letter etc? 

 

Depending on where you live, filling a divorce yourself might not be as difficult or expensive as you think. Look out for you... 

Edited by bigjailerman

 

 

K1 Journey Begins

 

NOA1 on March 3, 2016

NOA2 on May 26, 2016

NVC Rcvd Case June 13, 2016

NVC Case and Rcpt # June 16, 2016

Case to Embassy June 16, 2016

Case Ready at Embassy June 20, 2016

Lab July 8 for minor and July 11, 2016 for Fiance

Medical July 11, 2016

Biometrics ACS July 12, 2016

Interview Approved July 14, 2016

Visa Issued via DHL July 16

Visa Arrived July 1

POE September 23, 2016 JFK

Marriage !!!!!!!!!!!! September 30, 2016

 

Next Step AOS..........

  • November 12, 2016 - Express mail to Chicago Lockbox
  • December 5, 2016 - Electronic Notifiaction for AOS, rcvd 11/15
  • December 11, 2016 - NOA1 for EAD, 765 and 485, also accepted fingerprint fee.
  • December 28, 2016 - Biometrics
  • February 14 - EAD  & Advanced Parole Approved and being mailed. 
  • May 4 2017. Approved without interview, Card being Produced
  • May 7, 2017 recvd approval for i485
  • May 10 2017 rcvd Green Cards in mail.!!
  • Next step in 20 months to remove conditions.

 

Removal of Conditions Begins by end of first week of February

 

  • February 5, 2019   - Printing package;
  • February 11, 2019 - ROC package mailed;
  • February 13, 2019 - Package delivered to Dallas Tx;
  • February 15, 2019 - Credit Card Charged;
  • February 19, 2019 - Electronic Notification Rec'd, Case Location LIN - Nebraska;
  • February 21, 2019 - Received NOA with 18 month extension for wife ONLY, not 14yo dependent who is on application;
  • March 12, 2019      - Notified USCIS that we never rcvd i797 for 14 yo minor, they provided a case # and submitted a Svc Request
  • May 2.2019             -  No forward motion, we called again and despite there was an officer assigned to this service request nothing happened/ no extension. We filed an InfoPass and have an appointment for Monday 6th for passport stamp.
  • May 6, 2019 - Attended InfoPass appointment in Philadelphia local USCIS local office for 930. This was for a never rcvd 797 for our 14yo dependent. Arrived 9:15, not crowded at all. No extra photos or fingerprint taken. We were in the car (lots of parking available) at 945. Pleasant female officer, she updated and checked for no changes. Stamped passport, explained is valid for 1 year. The took the green card which expired 5/4/19. No issues or problems.. I asked about the non receipt and she said it's pretty common.. 

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