AnythingButCommon

2 minutes ago, CheeseMonstah said:

In fact, it's Part 3 of the I751 you filed. Did you select 1.a or 1.d?

When i filed ROC back in 2013, it was in part 2. I selected 1.d.

14 minutes ago, CheeseMonstah said:

Ok, but when you file for ROC, you have to select a box, either that you're applying to remove conditions based on your 2 year marriage OR that you are asking for a waiver based on a bone fide marriage that ended before two years. Which box did you select?

I selected "I or my parents entered marriage in good faith, but the marriage was terminated through divorce or annulment". It's PArt 2 1.d in form I-751.

On 3/17/2018 at 12:55 AM, azblk said:

USCIS officers have been known to try and shake up couples to unsettle them if they suspect something is awry. From what the OP has said the IO seemed to base his suspicions on the length the marriage lasted after green card. There is NO required time to stay in a marriage just that the marriage be valid and ongoing at the time of approval. Based on what the OP said there is nothing to worry about.

I agree. It's looks like that but i am just scared. I had my citizenship interview last year and i was not asked anything about my previous marriage at that time where as i was expecting that they might ask.

This time, It was about AOS for my wife. I didn't expected at all that they would ask me about my previous marriage and IO questioned me on that for about 30 minutes. I didn't even remember so many dates, etc. at that time.

On 3/17/2018 at 4:58 AM, Going through said:

There are two issues I can see here based on what you wrote above:

 

1) You never completed the ROC from your first marriage....why not?  If you never did the first ROC, then yes, the IO is right in that the GC status was basically abandoned which is why she needs to review your previous filing with the first wife and find out what happened there.

2) When you moved out from the marital home 5 months after getting married, did you live with your first wife again at any time before filing for divorce?  If you never did, and the two of you just divorced right after you moved out, yes it does look fishy in their eyes.

1)  I did completed ROC. I filed filed I-751 but didn't received interview. I directly received 10 year green card. Someone mentioned here that not everyone gets interview so i don't think i did anything wrong at that time.

2) I moved to different state before i received my first green card. Our first interview was when we were not leaving together. We filed divorce after a year from the date of i moved out. She was the one initiating the divorce. I don't mind IO questioning the circumstances.  People get divorce for so many reason so i think it's not right assume that someone moved to different state after x month so marriage is not bona fide. 

On 3/17/2018 at 1:19 PM, CheeseMonstah said:

The question is, when filing for ROC, did he file for a waiver for having been divorced from a bona fide marriage? Or did he just say he's filing based on the 2 year rule?

 

 

I filed I-751 and didn't received interview call.

22 hours ago, WeGuyGal said:

The last few posters concentrating on ROC.. take a moment to go thru OPs previous posts circa 2011. He comes across as quite concerned around the AOS/ROC process, including several back to back to back posts about minor status changes; and over the moon once the green card was on the way. The

divorce followed soon after. It may very well all be nothing being a bonafide marriage, or something was fishy back then. 

Divorce filed after 9 months of initial green card. 

21 hours ago, CheeseMonstah said:

My thinking too. In one of the posts OP states he got his GC in October 2011, and moved away the same month. That does look suspicious from the surface.

 

OP: when you filed for ROC, did you file for a waiver based on bone fide marriage or did you simply state you're filing based on the 2 year rule? If the latter, than I can see USCIS having grounds to revoke citizenship and issue deportation.

I moved to different state prior to receiving my first green card. 

6 minutes ago, WeGuyGal said:

If you quote an article, helps to understand it carefully. The article is partly irrelevant to OP's case because the supreme court's reference related to immaterial misstatements by an applicant. That is different from residency/naturalization on the basis of a sham marriage, not that anyone is accusing the OP of that. 

 

OP has chosen to avoid responding to some questions asked earlier in the forum.. of course he can chose to!  USCIS will be the final arbitrator here. 

 

Check these for reference (neither are directly relevant, but worth a read)

https://www.voanews.com/a/indian-national-first-lose-united-states-citizenship-under-operation-janus/4200556.html

https://www.uscis.gov/news/news-releases/uscis-investigation-results-two-year-conviction-marriage-fraud-ring

 

I think i answered all questions. If i missed then it's probably i have not read it. Can you point me to what i didn't already answered.

I was also just not responding to specific question as i know marriage was really and had enough evidence to support that. Others are saying that it's only 5 month lived together and then moved out. I know in USCIS's eye it's red flag but I had genuine reason of moving out because of my contract finished where i was working, i didn't received green card at that time so i has to go where ever i can find work. It was mutual decision. 

9 minutes ago, NJI751 said:

Please don't listen to the negative posters on this forum. The bar for denaturalization is extremely high, and the burden of proof is on USCIS to show that you lied during your Green Card or Naturalization application process.

 

Read this from the NYT for context:

https://www.nytimes.com/2017/06/22/us/politics/supreme-court-citizenship.html

 

And the USCIS officers are trying to scare you hoping that they catch you in a life. Be consistent with your answers. There is no law that says you had to be married for X amount of time for a marriage to be entered in good faith. And that's the key here, if you entered your first marriage in good faith, you have nothing to be worried about. I know I said the burden of proof is with USCIS, but it would still help if you had the evidence you submitted ruing your ROC Application.

 

A court can not make decisions based on the words of a jilted ex-spouse. That's not how the law works.

 

If you can afford it, you should still get a good lawyer.

 

 

Thanks NJI751! I am thinking the same that it's probably to scare me.

8 hours ago, Roel said:

Did you already know your current wife when you were still married to the wife number 1? They might think you got married to US wife just to later be able to sponsor your current wife. Worst case scenario, I guess.

No. There is four year difference between my divorce and i met my current wife. 

8 hours ago, azblk said:

You have nothing to worry about if you first marriage was bona fide. The bar for de-naturalization is EXTREMELY HIGH and unless they have much more than suspections of an IO you will be fine.

Good to hear that.I needed to hear something positive . I know there is nothing much i can do right now other than waiting.

3 hours ago, moosy said:

When they asked you previously if your first wife will back you up, they meant: will your first wife tell them that it WAS a real marriage, or do you think she will tell them it was not? If she tells them she thinks it was not a real marriage, you are screwed.

Our marriage was real but I don't know what she will tell. I had no contact for over five years but i thought USCIS are neutral and go by documents/evidence as any divorce is difficult and people would try to hurt each other. Also hypothetically, if ex say that marriage wasn't real, isn't it problem for her as well?

7 minutes ago, WeGuyGal said:

Of course they can review past files. Any flags in that marriage.. different cultures/religion, age difference, her previous marriages if any?

Living together just 5 months after marriage, and moving out without the spouse would stand out. 

 

How did your current wife get to the US? 

Thanks WeGuyGal for your response.

About my previous marriage, We didn't had red flag except we only lived together for 5 months but we were dating for over 2 years and even after we were not living together, we were in communication. I can understand that just lived 5 months raise a red flag but but we entered in marriage with good intention and we had our first interview together at that time which apporved. We had enough evidences to prove bona fide marriage. I moved to different state after 5 moths because of work. How much it stand in their eye that we entered in marriage with good faith regardless of how many months we lived together. I know it would be tough to know.

My current wife came to US on F1 visa. We got married after 5 months of her arrival and file for her AOS after 9 months of her arrival.

15 minutes ago, Rmsean said:

my opinion is that as long as the first marriage was real and you know theres nothing funny there, your evidence will speak for you. the only problem you may have is if your ex had filed a report or won't back you up.

Thanks Rmsean for response.

I am not in contact with my ex since divorce and i don't know if she filed a report or not but i know the person and she get contacted by USCIS, she will definitely not back my case. But i have all submitted all proof like join bank account, insurance, beneficiary document. We were dated for over two year and after marriage, we were living separate but i was visiting her every week and i had photos of all family gathering, new year, chrismas, etc.

As per IO, i should be getting interview at the time of condition removal but i didn't got.It wasn't my fault but now i am married and having new life and all of sudden this.It's very stressful.

8 minutes ago, Roel said:

Of course they can review old files. There were cases with people loosing their citizenships when Uscis discovered some scams. 

 

I'm not saying it's going to happen to you but you just have to wait. 

Thanks for your response.

I read online and i know USCIS can request denaturalization. US district attorney will have file a case in federal district court with burden of proofs. In my case i have not done anything wrong or there is no scam or anything like that. I know they won't take my words but i had submitted all evidence 6 years ago when i apply for waiver. I am just trying to understand that is it normal based on my scenario.

Hi Everyone,

I am right now in really stressful situation and would like to know if anyone had any experience /knowledge about it.

I am naturalized US citizen. Got my initial green card based on my first marriage which ended in less than two year. But I filed for condition waiver to extend my conditional green card and got 10 years green card without interview. I waited for five years and applied for citizenship and it got approved last year.

Yesterday, i had my wife's AOS interview. Here is my experience. 

IO (Interview officer) announced my wife's name in waiting area, We both went toward her. She asked for who is US citizen and asked to go with her separate. My wife was waiting outside. First question she asked me was, How did you received your citizenship. I asked that it was though my marriage to  US citizen's spouse. She asked what happened and why you got divorce.  I said that it didn't work out, we had conflicts and she wanted divorce. IO then asked me about how long did you lived together. We lived together for 5-6 months and then i had to moved to different state as got the job there. It was mutual decision and my ex wife was with me in that decision. IO replied that you only leave for 5 months which is not a marriage. IO started getting into dip on the topic. I explained OI that we were dating for over two years and when i moved to different state, i didn't had choice as it was for my job. IO replied that looks like it's fraud and i have to review your previous evidence. IO asked me that did you had interview when you applied for GC conditional waiver. I replied no and OI replied right away that where they screwed up at that time. IO said that you should be received interview and looks like your application should be canceled at that time. IO said that she will not make AOS decision today as she need to request my previous file and need to review it. If they find that i received my citizenship which the sham marriage, i could loose my citizenship and they will regent current AOS application as if i am not citizen, i can't apply for that. IO mentioned it twice that your citizenship could be taken away and you will be deported. She continue asking me about my first marriage and keep telling me that you only lived together for 5 months which is not a marriage. I answered those but probably have wrong year/timeline related to her questions. My first marriage was almost seven years ago and i was not at all prepared for those question. IO asked about is my current spouse and her family knows about my first marriage. I replied yes. There were may other question as well regarding my current arranged marriage and past marriage.  After some time, IO moved on and started asking me about my current marriage. IO had paper with all different questions like my spouse name, where din you met, how long did you dated, etc. There were about 30-40 questions in paper. I answered to all questions honestly. At the end IO said that she will not make decision today but will take my wife's interview. Now it's my wife's turn. She didn't know anything about what happened to me. My wife's interview went well. She was asked the same question regarding our marriage and my wife answered those correctly. IO also asked for photos and scanned those. Regarding my first marriage, IO only asked one question to my wife that Was she knew about my first marriage which she does. Our both's answer are consistent. My wife's interview went well. That's all. Now we left without any decision.

Now i am concern about so may different things. Looks like it was more interview about my first marriage. It was real marriage and i did nothing wrong. I didn't received interview during conditional removal but it wasn't my fault. I don't know what to expect now. I am scared now that looks like i could loose my citizenship and probably facing deportation.

I know i just have now wait and watch but i couldn't stop myself thinking about that i could loose my citizenship and probably have to leave country.Can they review my files/evidence from 5-6 year ago? What are possibility of denaturalization? What would be my option if they start denaturalization process? My wife and we both are really stress now and don't know what to think and what not to think.

Please help if anyone know of this type of case and what the possibility of me loosing my citizenship?

Thanks in advance everyone.

42 minutes ago, Bzlibem said:

 

---

Item 21a states that you should list yourself as you are beneficiary's current spouse. If your spouse was married before, you should list your beneficiary's ex spouse in line 23a. If your spouse was married twice before you then you would list that person in line 25a etc. after listing spouses you would list your spouses children if any. 

 

That make sense. Thank you!

Hi Everyone,

I am US citizen filling for my spouse who is also in US on student visa. I been searching everywhere to find sample form of new I-130 but couldn't find it anywhere. visajourney also has old form. 

I am need some clarification on new form I-130, page 6, PART 4, item 25 (Information about beneficiary's spouse). Do i need to write my information here or it's only application if filling for parents/brother/sister?

Thank you so much in advance for your help. It will be much appreciated. 

Thanks.

Hi All,

I am permanent resident since October 2011 and probably will become citizen by end of 2016.

I am about to getting married and my future spouse is in INDIA.

How can I bring here in US? I know it's take long time to come in based on permanent residence file than US citizen.

But how long does it take? She is also preparing to study in US and doing here Master here.

I would like to know my answer clear before I filed for her.

I am in situation where she don't want to wait there for long and she wanted to be with me asap. I am ready to go back and stay there for while but still wanted to clear my option.

Please please help me....

Any help would be great.

You don't need an affidavit from your former spouse. It doesn't mean anything really. Relationship evident such as shared debts and bills are more important.

Thanks for your reply. If I get letter from her saying that marriage entered in good faith but didn't worked out, then is it help in my ROC?

Someone please help me. I am bad at writing.

I really really need it asap.

Someone advise me from this forum that It would be great for my ROC if I can get affidavite from my spouse about that marriage is just didn't work out.

Can anyone please give me format for that kind of latter , if anyone has?

Thanks

Someone advise me from this forum that It would be great for my ROC if I can get affidavite from my spouse about that marriage is just didn't work out.

Can anyone please give me format for that kind of latter , if anyone has?

Thanks

For a regular person it means jack squat, but to you Sir, with ROC in mind, it means everything. Get that specific line stricken post haste or regret it at leisure later, IMHO.

I make them to change it and now it is as below:

"The parties may live separate and apart for at least two years."

Does anyone think of anything wrong with this?

Please help me,,what to do??

I mean "living"

Hi Thanks for all reply....

I just got the divorce notice from lawyer and it stated that reason for divorce is that

- The marriage is irretrievably broken.

- The parties have never lived together and may live separate and apart for at least two years.

Is it a red flag for me for filling ROC?

I have one more questions. My spouse is doing all paper work for divorce. I am giving her all expense for this.

How would I know that when she filed divorce? What if she don't tell me about divorce?

You need to ask a divorce attorney about this because family law is different in each state. In my state, it takes only 1 month to do an uncontested divorce. I am not sure if 90 days is the minimum processing time in your state or not. I just know that as long as you're not divorce yet, your conditional green card is still valid. Some attorneys don't require fee for initial consultations so you can ask them first and then plan your vacation accordingly.

Thanks for your reply.