NYC1123

His offering you money for a greencard is a major, major issue.

Keep in mind that laws on recordings vary. If you made a recording of him without his knowledge, this could be a violation of the law. It varies from state to state. If it is a voicemail, that is probably different (bear in mind that I am NOT a lawyer) because when you leave a voicemail, you know you are being recorded. Same with a text message, you know it is being recorded.

Paying someone for a green card is pretty much an automatic denial, period. A standard question is whether anyone has been paid in connection with the application other than an attorney.

I'm not sure who at USCIS told you that you could not withdraw. If you called 800-375-5283, you are sometimes talking to basic customer service reps who are not especially knowledgable. You will often get incorrect information from them.

Your husband of course has the right to present his side of the story. You can provide the text messages and, if legal, the recordings, and they will go in his file. You can withdraw the I-751. You can provide any other information that you think bears on whether he entered the marriage in good faith. For example, I told USCIS that my wife never attempted to move to the USA until she thought I would be living overseas (and thus she would not have to cohabitate with me) and that as soon as I returned from overseas sooner than she expected,she told me to leave. Some things here are factual (for example, the dates of when I lost m job in the USA, when I took the job overseas, the dates my wife first applied for her professional licenses in the USA, the dates she first applied for jobs in the USA) are kind of hard to dispute. But USCIS can still construe the effect or motives behind the actions according to their judgment.

Okay thanks, I'll look further into withdrawing the joint i-751 and also in regards to the recordings Im almost sure that here in NY it is legal but I will doublecheck. And I get what youre saying, I'll try to gather my documents to tie into dates and actual hard evidence. Thanks.

You can withdraw the I-751. Your husband can then refile if he chooses with a divorce waiver. At that point, you are no longer part of the process.

If the petition remains joint and there is an interview and you do not attend, the petition will be denied. However, USCIS will likely allow your husband to change it to a waiver petition.

You can, if you wish, provide USCIS with information you deem relevant to the question of whether your husband entered the marriage in good faith. His being abusive is probably not relevant. In my case, I told USCIS that when my wife moved to the USA she instructed me to ensure that her paycheck was deposited in her individual (i.e. not joint) account, and that she told me to leave the house she had bought within days of us moving in together for the first time. These bear on the questions of cohabitation and co-mingling, which USCIS considered indicative of a good faith marriage. I did not tell USCIS that she had been verbally or physically abusive.

Your husband can "refuse" to sign divorce papers, but he cannot prevent a divorce. You can go to court and with proper grounds, get the marriage dissolved. If there are issues of property division or custody, that may complicate things.

Hi, thanks for your response. USCIS told me that only he has the right to withdraw at this point but I can refuse the interview which I am planning to do given there is one. Besides the leases that were submitted (of which he was in and out of the house) the other evidence holds little weight as they were just pictures of us and two affidavits from his family members.

The recordings i have and text messages have him even offering me money to let him get his greencard in which I DEFINITELY refused (no amount of money could ever make me agree). Yes, he has a right to not sign papers but not to blackmail me for a greencard.

I have since started the process to continue the divorce without him since he refuses. Also I scheduled a infopass for next week where I will present the proof that I have and make them aware of the actual situation.

We were married in 2011, restraining order issued in 2012 expires at the end of this year. I am hoping that his character and actions are enough to prove that there wasnt even an opportunity for him to enter in good faith. Any tips?

Also, if he chooses to file on his own thats fine with me but I want no participation in any of this.

You can withdraw the I-751. Your husband can then refile if he chooses with a divorce waiver. At that point, you are no longer part of the process.

If the petition remains joint and there is an interview and you do not attend, the petition will be denied. However, USCIS will likely allow your husband to change it to a waiver petition.

You can, if you wish, provide USCIS with information you deem relevant to the question of whether your husband entered the marriage in good faith. His being abusive is probably not relevant. In my case, I told USCIS that when my wife moved to the USA she instructed me to ensure that her paycheck was deposited in her individual (i.e. not joint) account, and that she told me to leave the house she had bought within days of us moving in together for the first time. These bear on the questions of cohabitation and co-mingling, which USCIS considered indicative of a good faith marriage. I did not tell USCIS that she had been verbally or physically abusive.

Your husband can "refuse" to sign divorce papers, but he cannot prevent a divorce. You can go to court and with proper grounds, get the marriage dissolved. If there are issues of property division or custody, that may complicate things.

Hi, thanks for your response. USCIS told me that only he has the right to withdraw at this point but I can refuse the interview which I am planning to do given there is one. Besides the leases that were submitted (of which he was in and out of the house) the other evidence holds little weight as they were just pictures of us and two affidavits from his family members.

The recordings i have and text messages have him even offering me money to let him get his greencard in which I DEFINITELY refused (no amount of money could ever make me agree). Yes, he has a right to not sign papers but not to blackmail me for a greencard.

I have since started the process to continue the divorce without him since he refuses. Also I scheduled a infopass for next week where I will present the proof that I have and make them aware of the actual situation.

We were married in 2011, restraining order issued in 2012 expires at the end of this year. I am hoping that his character and actions are enough to prove that there wasnt even an opportunity for him to enter in good faith. Any tips?

i would suggest a meetup via infopass at your local USCIS office,

giving over the statement of withdrawal

and getting a signed hand-receipt for it,

signed by the floor shift-supervisor.

Thank you guys for your feedback. I have requested a infopass appointment for next week and will see how that goes... just want this over with.

If it has been pending for more than a year, I believe it can't be adjusted without an interview. Without you, this guy will have hard time.

Schedule an InfoPass and please talk to an officer to explain your situation. Good luck.

Hey everyone, havent been on here since i filed with my spouse for his green card back in 2012... now im back to see if anyone can guide me..

Some background:

My husband and I have been married for almost 4 years. As a born U.S citizen, I petitioned for him with the i-130 and he was granted a conditional green card. He has since submitted his i-751 to remove the conditions as a joint petition over a year ago. He submitted it without documentation which is why it has been so long. We have been separated for 2 years. The first two years of our marriage I faced constant physical and emotional abuse from him. Now I currently have a divorce case pending. He has threatened that he will not sign the divorce until his green card is approved. A process which has been difficult on its own. I have everything documented from recordings to texts where he admits his abuse and states his threats. There are also 2 restraining orders against him. We dont have children and barely had any evidence to show USCIS with the 751. I know the best option is to obtain an attorney but I am not able to do so financially.

The issue:

I've spoken to many reps from USCIS and they all give me different answers. I can't withdraw the 751 because only my husband can do that. Some have told me that I can send USCIS a statement of withdrawal of my participation and that I can refuse the interview if there is one. Does anyone know where I can mail such a statement. We are filing from New York.

Thanks guys... We received the gc today

Oh trust me, I was so offended, I only stopped speaking out of fear that I would say something that would have pissed him off and would have made my husbands process more difficult! I felt like anything I would have said would have made him just keep going with his insults.. He even said "I've been doing this for 23 years now, I already know, so don't bother" like really??? Just glad to know its over. And thanks!

We got approved, card production ordered status as of 03/12.

Sorry, posted it in another topic, here ya go:

I am the usc my husband is adjusting

Our appointment was for 1:00 p.m. We were coming from queens, so it took about an hour by car to reach there. The building is in a good location, very quiet and a lot of parking. The building was very neat and the staff was helpful. We arrived at 12:45 p.m. and went through security, note you have to remove your shoes and belts. Once inside we took our notice to the receptionist where she took it and told us to have a seat and wait to be called. We waited for about 40 min when our io called our name . He was of Hispanic background and mentioned he was born in the 50's. His first impression scared us, speaking very stern as we had watched other io's kindly greet and shake the hands of their couples. Our io just told us to follow him.

When we got to his office, he swore us in . Not sure if we were recorded but my husband did notice the device hanging, again not sure if it was on. He asked for our id's and all passports. He then immediately went into my husbands prior arrest. My husband was arrested in 2010 for DUI. The io directly asked if it was for drugs, my husband said no.... Out of nervousness I guess. Then the io said that FBI records show it was a class U misdemeanor and was related for drugs. My husband then said yes but he hadnt been smoking. (My husband had his friends in the car who were smoking in the backseat, the cop proceeded to arrest everyone, as my husband was driving. They were all wrong, just giving you guys background. ) he then asked my husband if he still smokes my husband explained he never did that day and he hasn't since. The io then asked me if I believe him, I answered that I wouldnt be with him of he did. The io then said "I know how this works, girls follow what guys do, you probably sit and do drugs with him. " at which point I stopped talking after saying no, because I felt offended. I have never done drugs a day in my life! He then continued on and said "I could imagine they say oh daddy share some with me". I was really thrown off by that from the io. I then told him that my husband has completed the program required by the state and handed evidence of such. He took it and said ok.

He then asked my husband how we met. My husband was my brothers high-school friend. The io asked then why did it get romantic and when. My husband answered, the io was satisfied and moved on. He then asked my husband about his prior marriage. The only real question to me was how old was I and how old was my husband, I said 20 and my husband is 28. He nodded and continued on. He then asked for pictures of our wedding. We showed him our scrapbook. He turned three pages in and closed it. Then he asked for the album and took two photos. My husband kept trying to ease the tension by joking, it seemed to work. He then commented " you wore white on ur wedding day, I remember when that used to mean something." I asked what he meant. He said that well women should be pure if they do that. I laughed and said " I guess I'm not pure" as again I was a bit thrown off.

He then asked for evidence of a bonafide marriage. I gave him our lease, our bank statements, a copy of our credit cards and a credit card statement. He took a few statements and the card copy. He then handed everything back and said it was enough. He didn't ask for marriage certificates birth certificates as I guess he had it in the file. He did take my husbands I94. And asked him about entry dates and if he ever left since he has been here, which he hasn't. He then said that he's recommending approval but his supervisor has to approve it because of the arrest. And that he wasnt sure about it. But that he would say ok to it. he said " your still a bad boy but your wife saved you." We thanked him and he walked us out. It lasted about 15 min if that.

We received the card production update two hours after the interview.

Sorry for the long post happy my husband and I can continue on for the next 2 years. Good luck to everyone and thanks for all the help!!

Hey guys, had interview 3/12 ... We were approved and got the card production email the same day.

Had interview at the Holtsville location in Ny yesterday. We were approved !!

I am the usc my husband is adjusting

Our appointment was for 1:00 p.m. We were coming from queens, so it took about an hour by car to reach there. The building is in a good location, very quiet and a lot of parking. The building was very neat and the staff was helpful. We arrived at 12:45 p.m. and went through security, note you have to remove your shoes and belts. Once inside we took our notice to the receptionist where she took our it and told us to have a seat and wait to be called. We waited for about 40 min when our io called our name . He was of Hispanic background and mentioned he was born in the 50's. His first impression scared us, speaking very stern as we had watched other io's kindly greet and shake the hands of their couples. Our io just told us to follow him.

When we got to his office, he swore us in . Not sure if we were recorded but my husband did notice the device hanging, again not sure if it was on. He asked for our id's and all passports. He then immediately went into my husbands prior arrest. My husband was arrested in 2010 for DUI. The io directly asked if it was for drugs, my husband said no.... Out of nervousness I guess. Then the io said that FBI records show it was a class U misdemeanor and was related for drugs. My husband then said yes but he hadnt been smoking. (My husband had his friends in the car who were smoking in the backseat, the cop proceeded to arrest everyone, as my husband was driving. They were all wrong, just giving you guys background. ) he then asked my husband if he still smokes my husband explained he never did that day and he hasn't since. The io then asked me if I believe him, I answered that I wouldnt be with him of he did. The io then said "I know how this works, girls follow what guys do, you probably sit and do drugs with him. " at which point I stopped talking after saying no, because I felt offended. I have never done drugs a day in my life! He then continued on and said "I could imagine they say oh daddy share some with me". I was really thrown off by that from the io. I then told him that my husband has completed the program required by the state and handed evidence of such. He took it and said ok.

He then asked my husband how we met. My husband was my brothers high-school friend. The io asked then why did it get romantic and when. My husband answered, the io was satisfied and moved on. He then asked my husband about his prior marriage. The only real question to me was how old was I and how old was my husband, I said 20 and my husband is 28. He nodded and continued on. He then asked for pictures of our wedding. We showed him our scrapbook. He turned three pages in and closed it. Then he asked for the album and took two photos. My husband kept trying to ease the tension by joking, it seemed to work. He then commented " you wore white on ur wedding day, I remember when that you used to mean something." I asked what he meant. He said that well women should be pure if they do that. I laughed and said " I guess I'm not pure" as again I was a bit thrown off.

He then asked for evidence of a bonafide marriage. I gave him our lease, our bank statements, a copy of our credit cards and a credit card statement. He took a few statements and the card copy. He then handed everything back and said it was enough. He didn't ask for marriage certificates birth certificates as I guess he had it in the file. He did take my husbands I94. And asked him about entry dates and if he ever left since he has been here, which he hasn't. He then said that he's recommending approval but his supervisor has to approve it because of the arrest. And that he wasnt sure about it. But that he would say ok to it. he said " your still a bad boy but your wife saved you." We thanked him and he walked us out. It lasted about 15 min if that.

We received the card production update two hours after the interview.

Sorry for the long post happy my husband and I can continue on for the next 2 years. Good luck to everyone and thanks for all the help!!

Finally rec'd interview date

Hopefully this month we will get an interview letter ...

Anyone still waiting for an interview letter? I'm wondering how long ill be waiting ... I'm expecting 2 months but that might be optimistic...

CONGRATULATIONS JESS! That is great news - I bet you were so excited when you saw it sitting in the mail box! I have just received my 3rd and final emailing stating they have mailed out my EAD! YAY!

Thank you! Oh of course, that alone made our day better! And thats great, just yesterday I had that status so hopefully you get it tomorrow or Friday!

Rec'd ead today

Just received second email stating they have ordered the production of my card, maybe I will get it this week after all

We received the ead today, yours shouldn't be too far behind

Rec'd post decision update for ead today.. Mailed out 12/6

Just received second email stating they have ordered the production of my card, maybe I will get it this week after all

That's great and I hope you get it this week also. A few hours ago, I got the "post decision activity" update saying that the ead was mailed out today.

Hello October Filers!

Just got an email for my EAD "On December 2nd 2011, we ordered production of your new card. Please allow 30 days for your card to be mailed to you". I don't know why it took so long to receive the email after approval, I must have got caught up in the USCIS site maintenance that happened this weekend. So happy that being able to work is almost in my grasp! I have yet to receive anything about my AP, although they're meant to come as a combo card...hmm!

Good luck to everyone still waiting for their EAD/AP approval!

same here.. I rec'd that update today about Dec. 2nd, we should hopefully get it sometime this week or early next week

Received update today about second ead card production... dated December 2nd, cant wait to get it, we probably still have a few months before an interview seeing as new york is so backed up...USCIS told me that our processing time is 6 months,

It will...I know there are other people who couldn't access their case and also never received texts either, but they did indeed receive everything they were supposed to. It's strange how the system works, or doesn't, lol...but, as long as we get what we need, it's all good. Good luck with everything!

Thank you!! Your luck must have done the trick because I just checked the case status for the EAD and it says Card Production Ordered! Finally some progress.. My husband was looking more forward to working more than anything! Good luck to you as well!

We are really hoping to hear something soon.. My cases "can't be found", also I never got those intial acceptance text msgs or emails even though I included the G-1145. Just kind of hoping the EAD will appear in the mailbox soon

Hey everyone.. I'll consider myself an October filer So far got the NOA's and the Bio letter. Can't check my status online as it says the case wasnt found. Just have to wait it out then..

Hey everyone! I filed for my husbands aos on Sep. 27th. From others I got the idea that they update you with the text from the g-1145 the same time they cash the check.. not worried though, got a whole few months to wait for things.. besides, not like stressing makes them move any faster