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krussel13

I got my greencard through my spouse last feb 2018. We got divorced by jan 2019.

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My ex husband and i met in the philippines back in dec 2015 thru my sister's fiance. They went to the ph together. I was on the process of getting my j1 visa at the time. When i arrived here, we decided to take it to the next level. He'd drive to boston from new jersey to see me. We got married in june 2016. We filed the greencard after a year of being married. Had a couple of evidences. Lot of pictures especially when we were in the PH, life insurance, joint account and joint lease agreement. I was able to get my greencard feb 2018. Before and after I got my greencard, he'd always order me around like a child, he wouldn't want to support me financially but he didn't want me to go to work. He'd always force me to have a baby when I was not ready yet. He felt like i'd do anything for him cause it weren't for him, i wouldn't have a greencard. One time, i stood outside of the gate waiting for him to let me in. Rain was pouring so hard. At the end, he didnt let me in. We decide to file for a divorce. I thought I could save our relationship. I got the divorce decree jan 2019. Now, I met my current bf here in the states before I got married. He got married too few mos after I got married but they got divorced because his wife were neglectful. He tried to contact me after a few mos of their divorce and I was currently at the process of divorcing my husband. We hit it off because of our previous marriage. We found what we were looking for to our previous spouses in each other. We were very regretful that we didnt try to have a relationship before we got married. He told me he used to like me before but I had a boyfriend. There would be a time that we would both cry because were very thankful that we found each other. Now, we're trying to get married because we both know that we are perfect for each other. We wanted to have big wedding in the PH as we didnt do it in our previous wedding. We only had a court wedding. We're trying to get married at the end of this year. 2 mos before my green card expires. What do you think is the best option for me? And also, is it gonna be difficult to go back here in the states if we decided to get married in the ph since I got my green thru my ex spouse? Sorry for the long post. I just wanted to give you a back story so you'd know my story before leaving a comment. 

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Posted (edited)

If you are divorced you have to file ROC with a divorce waiver as soon as you are officially divorced as your GC is only valid while married hence why it's called conditional.

 

Edit: maybe it's that you can not that you have to.

Edited by ThomasNC1988

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Posted (edited)
19 minutes ago, krussel13 said:

 We only had a court wedding. We're trying to get married at the end of this year. 2 mos before my green card expires. What do you think is the best option for me? 

That's not an immigration question. That's for you two to decide. However, if by "court wedding", you mean you two went to the courthouse and filled out the paperwork to get the marriage certificate, then in the eyes of the government, you're married. They don't care if you have a big wedding or small wedding or no wedding at all.

 

19 minutes ago, krussel13 said:

And also, is it gonna be difficult to go back here in the states if we decided to get married in the ph since I got my green thru my ex spouse?

Well, you need to file for I-751 ROC with a divorce waiver and provide evidence that entered the previous marriage in good faith before it fell apart. When that is approved, you will get the 10 year green card. That whole process has nothing to do with your current situation with new boyfriend/husband. You can file the I-751 now

Edited by USS_Voyager

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I was just saying that we wanted to have a big wedding in the philippines at the end of this year so that all of our families would be there, i was just wondering what's the best thing to do since i am divorced with a conditional green card that will expire feb 2020.  Should we postpone the wedding in the philippines since I still need to file the i-751. Should i file it first or file it after the wedding so I could still go to the PH? 

17 minutes ago, USS_Voyager said:

That's not an immigration question. That's for you two to decide. However, if by "court wedding", you mean you two went to the courthouse and filled out the paperwork to get the marriage certificate, then in the eyes of the government, you're married. They don't care if you have a big wedding or small wedding or no wedding at all.

 

Well, you need to file for I-751 ROC with a divorce waiver and provide evidence that entered the previous marriage in good faith before it fell apart. When that is approved, you will get the 10 year green card. That whole process has nothing to do with your current situation with new boyfriend/husband. You can file the I-751 

 

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39 minutes ago, ThomasNC1988 said:

If you are divorced you have to file ROC with a divorce waiver as soon as you are officially divorced as your GC is only valid while married hence why it's called conditional.

Utter rubbish

 

 


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

I-751 #1- May2015 [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 - Oct 2017 [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) 

N-400 Feb 2018 [Pending] 

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

February 2018: Biometrics completed (walk-in)

Mid - February  2019: N-400 Interview - unable to conduct, as pending I-751 was still in Vermont, despite case transfer notice having been received.

April 2019: Filed request for Senator assistance.

 

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11 minutes ago, mindthegap said:

Utter rubbish

 

 

I mean I said maybe its that you can not that you have to, and it is.

 

If you have a final order of divorce (or annulment) you are able to file Form I-751 at any point even if you aren’t approaching the conditional green card expiration date.

 

https://www.immi-usa.com/what-happens-to-green-card-after-divorce/

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Posted (edited)
29 minutes ago, krussel13 said:

I was just saying that we wanted to have a big wedding in the philippines at the end of this year so that all of our families would be there, i was just wondering what's the best thing to do since i am divorced with a conditional green card that will expire feb 2020.  Should we postpone the wedding in the philippines since I still need to file the i-751. Should i file it first or file it after the wedding so I could still go to the PH? 

 

The wedding in the Philippines has no effect on your I-751 or green card. 

In your situation, essentially USCIS does not care what happens AFTER you got divorced. They only care about what happened before, and they especially care whether your previously marriage was bona fide (you and your previous husband enter into the previous marriage in good faith). As long as you provide enough evidence in the I-751 of the bona fide of the previous marriage such as how you two commingled your finances, and you lived together with joint leases, joint assets, joint taxes, joint insurances, .... all that good stuff, then it will be fine. USCIS understands that marriages, sometimes with the best intentions, can fail, and they do fail, like all the time. So that is essentially the nuts and bolts of your case, and as long as they are satisfied that you and your previous husband had a "real" marriage and things just didn't work out, because of whatever reasons (he turned out to be a jerk, blah blah blah....) they will give you the 10 year green card. What you do after you divorced your previous husband, they don't care so much. Does it make sense?

Edited by USS_Voyager

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8 hours ago, krussel13 said:

I was just saying that we wanted to have a big wedding in the philippines at the end of this year so that all of our families would be there, i was just wondering what's the best thing to do since i am divorced with a conditional green card that will expire feb 2020.  Should we postpone the wedding in the philippines since I still need to file the i-751. Should i file it first or file it after the wedding so I could still go to the PH? 

 

I echo what was said by USS_voyager.   I suggest you file the i-751 as soon as your 90 day window opens - you have enough time between now and then to gather all the evidence needed.  If you are traveling for your wedding at the end of this year, you should reenter the US on your conditional green card before it expires (from above February 2020), especially if you did not yet receive the extension letter.  Good luck!


ROC:

 

2/1/2019: Mailed i-751 Application

2/11/2019: NOA (MSCXXXXXXXXXX)

2/15/2019: Biometrics Appointment letter received

3/1/2019: Biometrics Completed

5/9/2019: Email notification that interview will be scheduled

 

 

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59 minutes ago, Duncan21 said:

I echo what was said by USS_voyager.   I suggest you file the i-751 as soon as your 90 day window opens - 

Minor correction, with the divorce waiver, she can file the I-751 any time after the divorce is final (up until the expiration of the GC)

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