file for my spouse while I have greencard trough marriage

[amirdeadline 1]

I have not met physically but I will before I file. my plan was to get my citizenship then apply for her CR-1

[Jer1234 65]

 Hey all the best with your case..Question, did you get a divorce before you removed your conditions of your 2 year greencard ,and later removed your conditions with a divorce waiver to get your 10 year greencard?

Edited May 6, 2020 by Jer1234

[Boiler 43,433]

57 minutes ago, amirdeadline said:

I have not met physically but I will before I file. my plan was to get my citizenship then apply for her CR-1

You would have to, mind you never a good idea to get married on the first trip.

[amirdeadline 1]

 

13 minutes ago, Jer1234 said:

 Hey all the best with your case..Question, did you get a divorce before you removed your conditions of your 2 year greencard ,and later removed your conditions with a divorce waiver to get your 10 year greencard?

that is correct I divorced before remove of condition 

9 minutes ago, Boiler said:

You would have to, mind you never a good idea to get married on the first trip.

yes I know that point and I am not doing that. the part that I dont know is 5 years restriction rule, with my complicated case. 

[Boiler 43,433]

2 minutes ago, amirdeadline said:

 

that is correct I divorced before remove of condition 

yes I know that point and I am not doing that. the part that I dont know is 5 years restriction rule, with my complicated case. 

Well 5 year and the naturalisation could kick in, either way you should have plenty of time to get some visits in so I would focus on that.

[SusieQQQ 11,584]

1 hour ago, amirdeadline said:

i entered US on 17 FEB 2016. I talked to USCIS agent he was like since you have that i-90 reply indicating that you filed to correct the issue and USCIS replied that the date is correct then you should be ok for citizenship.

And you correctly listed this as the date you started physical residence on the N400? 

Edited May 6, 2020 by SusieQQQ

[Jer1234 65]

20 minutes ago, amirdeadline said:

 

that is correct I divorced before remove of condition 

yes I know that point and I am not doing that. the part that I dont know is 5 years restriction rule, with my complicated case. 

Ok..I recently filed for divorce removing my conditions January 

[FAW 12]

Make sure it doesn’t look like you married an American for a green card, dumped them, then decided to get a bride from back home.  Unfortunately this happens and probably why they make you wait the 5 years.  

[Quarknase 1,072]

Hello.

A couple of comments to all the topics discussed around your case

 

Sponsoring as LPR through marriage

I am LPR myself. Initially filed through marriage to USC, but ended up applying for and receiving my Greencard under VAWA EOY 2016 (separation was in Summer 2015, but I didn't file for divorce until my VAWA case was complete on advise of my attorney). I have since met my now husband, got married in September 2019, and was advised by forum members that the 5 year rule will apply to me as well. I went ahead regardless and filed the I-130 to petition my husband. I received an RFE to explain the timeline from prior marriage to marriage to date, and also provide proof of bonafide marriage. I believe this part was crucial and I assembled a detailed package (without an attorney) which resulted in an approval of the I-130 within 107 days from initial filing.

I just want to show that it's possible to overcome the rule - timelines surely count (I met my husband while we were both on vacation in a third country, 4 years after separation, 2 years after divorce, and we've spent almost 5 months in person throughout several trips at the time of RFE) so @Boiler s points are very valid, I can't stress this enough.

We're now waiting for DQ at NVC - I also filed for Citizenship in the mean time but am stuck like everyone due to covid. Also due to covid my husband is now temporary banned from receiving a visa because I am an LPR. Catch 22. But that's a longer topic and not to derail OP's topic

 

LPR status timeline

I would be surprised if this goes through for naturalization to be honest. Extending greencards (or removing conditions) can happen, vetting of timelines is not as strong there. We've seen this a lot. But Citizenship is an entirely different topic and I can hardly imagine that USCIS will say "we've made a mistake in the past, it's our fault, you qualify early". I might stand corrected and wish you all the best, but be prepared for a possible bump in the road.

 

[HRQX 4,145]

1 hour ago, SusieQQQ said:

And you correctly listed this as the date you started physical residence on the N400? 

Not the date OP entered with K-1. The correct date is when I-485 was approved for "Date You Became a Lawful 
Permanent Resident (mm/dd/yyyy)" box. For OP it's June 15 2016. At N-400 adjudication they'll realize he was ineligible to file yesterday.

Edited May 7, 2020 by HRQX

[amirdeadline 1]

27 minutes ago, Quarknase said:

Hello.

A couple of comments to all the topics discussed around your case

 

Sponsoring as LPR through marriage

I am LPR myself. Initially filed through marriage to USC, but ended up applying for and receiving my Greencard under VAWA EOY 2016 (separation was in Summer 2015, but I didn't file for divorce until my VAWA case was complete on advise of my attorney). I have since met my now husband, got married in September 2019, and was advised by forum members that the 5 year rule will apply to me as well. I went ahead regardless and filed the I-130 to petition my husband. I received an RFE to explain the timeline from prior marriage to marriage to date, and also provide proof of bonafide marriage. I believe this part was crucial and I assembled a detailed package (without an attorney) which resulted in an approval of the I-130 within 107 days from initial filing.

I just want to show that it's possible to overcome the rule - timelines surely count (I met my husband while we were both on vacation in a third country, 4 years after separation, 2 years after divorce, and we've spent almost 5 months in person throughout several trips at the time of RFE) so @Boiler s points are very valid, I can't stress this enough.

We're now waiting for DQ at NVC - I also filed for Citizenship in the mean time but am stuck like everyone due to covid. Also due to covid my husband is now temporary banned from receiving a visa because I am an LPR. Catch 22. But that's a longer topic and not to derail OP's topic

 

LPR status timeline

I would be surprised if this goes through for naturalization to be honest. Extending greencards (or removing conditions) can happen, vetting of timelines is not as strong there. We've seen this a lot. But Citizenship is an entirely different topic and I can hardly imagine that USCIS will say "we've made a mistake in the past, it's our fault, you qualify early". I might stand corrected and wish you all the best, but be prepared for a possible bump in the road.

 

Hi,

actually your answer was very helpful, I have seen others that they filed for it before five years and received RFE but wasn't sure how it went later. so at this point I believe the point is if my marriage was genuine and my evidence (timeline) can support my statements then I can pass this. even though I am planing to file after Covid19 passes. 

 

about my Citizenship case, I  agree with you and when I was sending it I would say I was 20% sure that I can successfully finish my case. in the end I was like worst case scenario they will deny my case and the I will apply again a year later.

 

Also want to wish you and your husband luck, hope you guys make it.  

 

[SusieQQQ 11,584]

1 hour ago, HRQX said:

Not the date OP entered with K-1. The correct date is when I-485 was approved for "Date You Became a Lawful 
Permanent Resident (mm/dd/yyyy)" box. For OP it's June 15 2016. At N-400 adjudication they'll realize he was ineligible to file yesterday.

Yes - my mistake, I was counting “presence” but of course it’s only presence as an LPR that counts.

At my interview the officer examined my entry stamp in the passport (I entered on an a immigrant visa so it was the same as green card date though) and went over all my presence/absence dates. I understand this is standard. I don’t see how he will he approved regardless what he was told by the uscis helpline. He has not been resident for 5 years yet.

Edited May 7, 2020 by SusieQQQ

[SalishSea 16,770]

6 hours ago, amirdeadline said:

I have not met physically but I will before I file. my plan was to get my citizenship then apply for her CR-1

Yeah, you'll have to, to satisfy that little required detail called 'marriage.'

[Ontarkie 13,915]

~~One inappropriate post removed. 2 others related to that post.~~

[Villanelle 4,121]

On 5/6/2020 at 5:25 PM, amirdeadline said:

that's a long story. 

so I approved i-485 on Jun 15 2016 but when I received the 2 year GC the issue date was Agust 8 2015(the date I approved for K1 visa) and expiration date was 8/8/2017. so I knew the date should be wrong so I sent i-90 form with my 2 year GC to USCIS for miss print on my greencard (issue date). 10 month later I received reply for i-90 and the letter basically said the date 8/8/2015 is correct in USCIS system. 

also before I received that i-90 reply, I divorced.  

 

later on 5/8/2017 I filed for removing the condition and I approved after 10 month. 

 

so according to my GC and evidence i have in hand that I told USCIS that the date is wrong but they confirm that 8/8/2015 is correct, then I am eligible to apply for n-400 on 8/8/2020. I filled all the forms and sent them yesterday so they can receive it by 5/8/2020. 

 

 

 

 

This is unfortunate. 

 

Obviously there is an error.  You entered the US in Feb 2016. You can not have a GC saying you residency started Aug 2015. I have no idea why your i-90 was rejected and you were told there was no error nor why the system allowed you to ROC in May 2017. 

 

The important thing to understand is when you apply for citizenship they are required to go back through your case and verify it was all done correctly. Your case was NOT done correctly. I know this, you know this, we all know this. The question is will USCIS feel the same way. Yes, theres a chance whatever it is in their system that caused them to say there was no error will be looked at again during your citizenship process and they will maintain there was no error. IMO this is HIGHLY UNLIKELY.  Citizenship petitions are looked at very carefully I can not see how they would be able to process it with a clear discrepancies in the dates provided.. 

 

As @SusieQQQ pointed out- what did you fill out on your n-400. Did you put the actual date on it?  Or did you use the incorrect date as shown on your card? I would highly suggest speaking to an attny about this. You do not want to provide false info to USCIS, if you did then you need to try to correct it asap. 

 

There is also a chance that if they determine your card was issued incorrectly and change it so no longer shows issued Aug 15 but to the correct June 2016- guess what? You never completed ROC. For a card issued June 2016 ROC is June 2018. The ROC you filed and were approved for was filed for in May 2017/approved March 2018. The way the dates fall your ROC was not done 2 years after the date status was obtained. You would have to file for removing conditions (which would be very late but possible) and have the conditions successfully removed before they could even move to citizenship... 

 

At this point you have 2 choices. You can sit back and wait for USCIS to process your n-400 where all of the above will most likely be discovered and deal with it then- if you choose this path once again I stress to you to speak to an attny if you filled out any of the forms with what you know are incorrect dates simply because thats whats printed on the card. Generally you are required to provide accurate and truthful information regardless if documentation contains an error that states otherwise. And you definitely do NOT want to go an interview where you will be sworn to tell the truth and present inaccuracies as fact. Actually if you get any kind of correspondence that you have to reply to about this you will want an attnys help. Just like people are advised to not speak to the cops with out an attny you do not want to speak to USCIS w/o one. Laws about misrep are complicated and an attny can ensure you do things properly and if you havent they can help you untangle it.

 

Your other option is to proactively try to fix this. An attny can best advise you but I would be inclined to think the best path is to withdraw your n-400 and resubmit a i90 along with or followed by the 751 with the correct dates. You may also need the help of your representative or ombudsman to correct this. 

 

Separate from this is your spousal petition you want to file. You are free to pursue this while attempting to correct your incorrect card issue however if you do there may be additional problems. In general if theres a problem with a persons status and that status was used to give others status- well when they 'cut' your status anyone attached to you loses theirs as well. So depending on what happens with your case timeframe wise combined with the CR case theres a chance is denied since you didnt ROC or if it is issued it would be revoked. It would all be able to be fixed, just like your situation but it will cost you in filing fees and stress.  Additionally the '5 yr thing' applies and while it is encouraging to know many people have been able to get approved you need to remember they were approved because they sent strong evidence. You have not even met physically yet so its unknown if you will be able to gather enough evidence to overcome the 5yr thing or not. 

 

The main thing you need to understand though is this is not going to be you getting denied for citizenship and then simply waiting a year to apply again. Its going to trigger a domino effect of things that need to be corrected.