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Filed: Citizen (apr) Country: Thailand
Timeline
Posted

Hello,

 

Posting for a friend

 

my friend got denied for his removing condition on his GC due to the fact that he didn’t file for divorce or separation when him and his spouse were no longer living together or together since Dec 2019 and when they went to the interview last month, it was denied at the spot. He didn’t realized that he would need to file for divorce or separation during the process of his removing condition.

 

what is his next step? Is he allow to work while in the process of filing for appealing or during the appealing process??

 

i don’t know much about removing condition to give him any guidance. 
 

p.s. he didn’t mention to his lawyer that him and his spouse were no longer together until right before the interview. I have attached the pictures of his denial letter 

CF0E4FDE-D76F-4252-8671-D4F9AA9C06F9.jpeg

DD216503-1A7E-4583-BC7B-B56DD9E5218F.jpeg

GC DATE: May 18, 2009
N400 Sent: March 16,2016 - Texas Service Center

USCIS R/C : March 22,2016
Cashd: March 24, 2016
NOA:
March 25, 2016

Fprints: April 20, 2016
In Line: April 26, 2016

Int Ltr: June 20, 2016
Interview: July 28, 2016
Oath: July 28, 2016
4 months and 2 weeks!!

Filed: Citizen (apr) Country: Russia
Timeline
Posted

Is your friend and their spouse divorcing or have they divorced?

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Posted
55 minutes ago, Meawmeowmeoe said:

what is his next step? Is he allow to work while in the process of filing for appealing or during the appealing process??

Next step:  packing his bags.  I don't see a way out of this.  He is out of status and needs to leave asap.

Filed: Citizen (apr) Country: Thailand
Timeline
Posted
37 minutes ago, Dashinka said:

Is your friend and their spouse divorcing or have they divorced?

They are filing now for the divorce, they went for the interview last month 

GC DATE: May 18, 2009
N400 Sent: March 16,2016 - Texas Service Center

USCIS R/C : March 22,2016
Cashd: March 24, 2016
NOA:
March 25, 2016

Fprints: April 20, 2016
In Line: April 26, 2016

Int Ltr: June 20, 2016
Interview: July 28, 2016
Oath: July 28, 2016
4 months and 2 weeks!!

Posted
1 minute ago, Meawmeowmeoe said:

They are filing now for the divorce, they went for the interview last month 

Well, too little too late in terms of USCIS and his green card. He and his soon-to-be-ex separating isn't really the issue. It's the fact that they were separated but he filed the I-751 jointly, indicating that they were still married and still residing together. That was essentially a lie, which USCIS doesn't take lightly, as you know. Also, it's astounding that he did not tell his own lawyer about his marital situation. Lawyers can't help their clients unless the client is 100% honest. 

 

23 minutes ago, Crazy Cat said:

This is one of the most jaw dropping admissions I have seen here in the past 6 years.  

Same here. But question: if a couple is going through a trial separation during RoC, how would they navigate that with USCIS? On one hand, I can see why OP's friend may not have realized he had to file for divorce. BUT - and this is the huge BUT - he still should have been honest about them being separated and filing jointly when they were separated was the lie. Legally speaking, they kinda had no choice but to divorce. But if a couple is just going through a trial separation, it seems like they either have to reconcile or just file for divorce to take care of the immigration stuff.

Filed: F-2A Visa Country: Nepal
Timeline
Posted
2 minutes ago, Meawmeowmeoe said:

They are filing now for the divorce, they went for the interview last month 

At this time there is no basis to appeal or even to file a new i751. His wife withdrew i751 during the interview. So his conditional residency is terminated. He is not yet divorced to even file as a divorce waiver.

 

 

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Filed: Citizen (apr) Country: Myanmar
Timeline
Posted

“During your interview, your spouse voluntarily withdrew the I-751 petition in the form of
because you and your spouse has not been residing together since December 2019 due to
and wish to have a chance to reassess your marital relationship.”

 

Why did the spouse do that? Totally unnecessary.  

 

Next steps are to 1.  file for divorce, and then 2. file I-751 as an individual with the divorce waiver with the divorce filing paper work.  This new filing will produce an RFE for the divorce decree.  Hopefully he can get a get a divorce decree before due date on the RFE.  I believe due to Covid, RFEs get an automatic 60 day extension.  
 

I think  that this ends up in front of an immigration judge.  Hopefully your friend is more forthcoming with his next immigration lawyer. 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)
6 minutes ago, Mike E said:

I think  that this ends up in front of an immigration judge.

Yep.  My thoughts as well.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: F-2A Visa Country: Nepal
Timeline
Posted
3 minutes ago, Adventine said:

 I can't help but wonder what the lawyer thought of this client who didn't disclose such a thing until right before the interview.

His mind in the same place as the prosecutor's on Rittenhouse's trial ,"oh #######, we are doomed".

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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