Petition to remove conditional status | Separated and Spouse called for interview | Help

[MK878 16]

Hi all,

 

I am a bit stuck and will really appreciate your help with this!!

 

Below are the details of my timeline:

• June 2018, I came into the US with a K1 fiance visa. My then husband and I got married and then filed the paperwork after which I received the conditional green card.
• In August 2020, we had a daughter and our marriage was still fine.
• May 2021  I filed for petition to remove conditional status. 
• Dec 2021, we decided to separate.
• Feb 2022, we decided to file for a divorce and were talking to lawyers.
• May 2022 I received an RFE letter from USCIS saying that they had received information that we are separated so i should file a waiver. My divorce lawyer was able to check that my ex husband filed for divorce online himself (without serving it to me) and then sent those papers to USCIS possibly as evidence of our separation. My ex husband did not tell me he did that and continued to lie. At this point I hired a lawyer and asked him to help draft a response, I sent all supporting documents, including daughter's information as she is with me since separation. During this time I also serve my ex husband divorce notice which I also attached in suppporting documents. 
• Since then I received two letters from USCIS, one extending my condtional greencard due to process delays and the other telling me my application will be now process in a difference center. 
• Today I received a letter from USCIS, addressed to my ex spouse but sent to my address, asking him to appear for an interview with supporting docs. 

 

He will definitely not attend the interview and nor provide any supporting documents. He comes to see our daughter for a few hours every month and we are not on good terms so we do not talk. 

 

Will really really appreciate any guidance here!

[Boiler 43,512]

to remove conditions with a divorce waiver you need to be divorced

 

Are you divorced?.

 

 

[MK878 16]

1 hour ago, Boiler said:

to remove conditions with a divorce waiver you need to be divorced

 

Are you divorced?.

 

 

The divorce still in process as him and his lawyer keep stalling the paperwork. 

[Boiler 43,512]

21 minutes ago, MK878 said:

The divorce still in process as him and his lawyer keep stalling the paperwork. 

That is something you need to focus on so you can remove conditions

[MK878 16]

Yes I will be asking my lawyer to push more. Can you please advise on what happens if he does not show up to the interview and my application is denied? Do i get the right to appeal or will i lose my right to work and be sent back?

[MK878 16]

16 minutes ago, Boiler said:

That is something you need to focus on so you can remove conditions

Yes I will be asking my lawyer to push more. Can you please advise on what happens if he does not show up to the interview and my application is denied? Do i get the right to appeal or will i lose my right to work and be sent back? Also the letter I received, does not have my name on it but does have my application number. It says "Zhadyra Flores" and then my ex spouse's name. Is it normal practice to have (im guessing) the interviewer's name on it?

The paper its on is also not the usual beige heavy paper. 

[OldUser 4,874]

23 minutes ago, MK878 said:

Yes I will be asking my lawyer to push more. Can you please advise on what happens if he does not show up to the interview and my application is denied? Do i get the right to appeal or will i lose my right to work and be sent back?

You don't want him to show to your interview. This can do more harm than help.

[OldUser 4,874]

@MK878 I'm not your immigration or family lawyer. However, it's in your interest to finalize divorce ASAP. Give him whatever he needs and close this chapter. Unless you're splitting millions of dollars or fighting for the kid (which I realize may be the case), it's easier to move on. This will give you final divorce decree which will allow you to get I-751 approved and stay in this country.

 

If your I-751 gets denied, you can refile quickly a new I-751 with all good evidence with divorce waiver.

But if you delay it, you may be put in removal. Which is a lengthy process, but may get you deported eventually if you don't get it right.

Edited October 29, 2023 by OldUser

[MK878 16]

6 minutes ago, OldUser said:

You don't want him to show to your interview. This can do more harm than help.

That is true I don't even know what he'll say. The letter says they can deny my application if he doesn't show up so I dont know which is worse. 

[MK878 16]

7 minutes ago, OldUser said:

@MK878 I'm not your immigration or family lawyer. However, it's in your interest to finalize divorce ASAP. Give him whatever he needs and close this chapter. Unless you're splitting millions of dollars or fighting for the kid (which I realize may be the case), it's easier to move on. This will give you final divorce decree which will allow you to get I-751 approved and stay in this country.

 

If your I-751 gets denied, you can refile quickly a new I-751 with all good evidence with divorce waiver.

But if you delay it, you may be put in removal. Which is a lengthy process, but may get you deported eventually if you don't get it right.

thank you for your detailed response! We definitely don't have millions of dollars so yes it is a fight for the child. Unfortunately he is fighting to get sole custody despite only seeing her once a month which is delaying the process. I was trying to avoid getting a judge assigned but seems like i have no choice. I will talk to my immigration lawyer on Monday but at the moment just trying to appease my anxiety as I dont want to be separated from my daughter. 

"you can refile quickly a new I-751 with all good evidence with divorce waiver." seems like i cannot file till i have a divorce decree is that correct? or can i file with evidence to show i have filed in court? if they deny the petition will i lose my right to work? I support myself and my daughter so it is critical that i work. 

[Boiler 43,512]

Your current case is based on a good faith marriage and is obviously not approvable.

[Timona 3,947]

You can refuse with evidence in court. 

And you can continue working. 

 

My advsie: I'll would have just let him continue with the divorce. Now you 2 have 2 divorce attorneys, eating all your money. Additionally, you yourself has an immigration lawyer which will bill you for no work. You don't even need an immigration attorney.