Villanelle

@Chocobo Again it's not a big deal if your divorce takes a long time. USCIS understands divorce/family court moves at it's own pace. But it's unreasonable for USCIS to hold your case until the final decree is ultimately issued. The conditional card requires you to file ROC at the 2yr mark. ROC requires you to file a joint petition. You can use waivers to waive the joint filing requirement-- hence why we call them waivers. What you described as a possible solution is actually what occurs. You don't lose your status if you are requesting a waiver but don't have the decree yet, and the Judge will hold it as long as you need. And then the final ROC decision would be made once you do. People just tend to be scared by the USCIS denial.

@JFH

https://www.uscis.gov/green-card/after-we-grant-your-green-card/conditional-permanent-residence/removing-conditions-on-permanent-residence-based-on-marriage Click to expand the heading If you are in Divorce Proceedings but are not yet Divorced. If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and you filed a Form I-751 jointly, we will issue an RFE specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing Form I-751 treated as a waiver. How exactly do you think they would know divorce was officially filed or a couple chose to separate with out filing (moves out and in with new partners) except for the fact of you telling them? Side note the paragraph I quoted above is the second paragraph under the header. The first starts with if you are still married and divorce pending and you filed a waiver etc etc. So this idea that there is no guidance is not entirely accurate. I am also uncomfortable with the concept of avoiding difficult paths because as we all know everyones immigration path is different. Some are harder than others. Yes, advising them of the divorce would have caused them to RFE for the decree. You don't have it yet? IT'S OKAY, seriously its ok. They don't deny you then and there. The 751 form is unique and there are various steps to processing denials. The only swift removal of status occurs for those who fail to file as USCIS takes the position oh I guess you don't want your card anymore since you failed to file. So when the RFE comes back with a sorry I don't have the decree, you are scheduled for an interview. Still don't have it? Well that's a shame but USCIS can't hold your case forever. They have to deny it and send it to the court. Now theres a huge difference between a denial from USCIS for the 751 and an immigration judge ruling such. Uscis denial is meaningless! They do not have the authority to strip your status. All their denial means is they couldn't adjudicate your form because you don't have the right paperwork. The judge on the other hand has the opposite authority. The judge can remove your status but the judge can not adjudicate 751s! (crazy but true). The judge can and will hold your case until you get your decree (which if you are using the waiver you need), or you can be adjudicated on a joint 751 if both you and your soon to be ex desire such. But if you were choosing to remain on the joint you would have advised them of such when they asked you for the decree. Circling us back to why they asked for the decree (cause you would have notified them of pending divorce) Notifying them of a divorce when a joint was filed does not automatically switch you to a waiver. One spouse requesting to be removed from the joint typically causes it to be switched but can also result in a denial instead if they are so inclined. In some places divorce can have a mandatory 1-2 yr separation period. And not everyone wants to remain on a joint petition. But like I said people shouldn't avoid a path simply because its more difficult. No where no when no how is it ever is it a good idea to 'keep quiet' regarding what you disclose to immigration. Sorry, I just can't agree with that. Not that the OP or anyone specifically said such, its just some of this thread reads with that sentiment..

I totally understand. And it's great to see people on here who are both eager and open to learn. But Sandra typically doesn't have the time to be doing so, hence you may just have to accept she knows what she's talking about (because she 100% does and is one of the only users here who should blindly be trusted to be accurate) and need to do your own research on it further as you graciously have been pointed in the right direction by her.

I am sorry you are going through this. The thing with notifying them about a pending divorce is theres not a one size fits all answer. So I assume the various advice you got was given by different attorneys at different times. So yes, I can see how each statement above can be accurate but at the same time not. It's about the context around it. Ideally yes, one wants the decree in hand when advising them. This is not always possible though and attorneys tend to avoid the 'what ifs' as they deal with 'what is' if that makes sense.

With all due respect Sandra is not here to take 'requests'. I mean you do realize Sandra has a full time job in addition to the massive time she spends doing pro bono work, as well as using her time to post on here? If you want to debate laws or case strategies reach out to your local law school to find out how to enroll. I believe you would make an excellent attorney or advocate.

Please read the bit you highlighted again. You are putting great effort to highlight the bits you want, I mean you literally highlighted it lol! But you completely ignore the next sentence which begins with an important 'however'. It is not up to you to evaluate your bonafides. And yes in case of separation they may not deny it SOLELY because of the pending divorce. HOWEVER being in divorce proceedings may suggest you entered the marriage benefits. A lot of 'may' and 'soley' in the above right? Again neither of those terms are up to YOU to determine if they apply. USCIS can't make a valid decision about the facts of the case if they don't have them. Its your burden to give them the facts. Yes, I understand many take issue with such as you previously posted bits about where does it say to disclose such changes etc etc. But let's put a pin in that for now.. When divorce was filed did either of you move out of the joint home? Did you update your addresses? Were other various things you submitted as joint evidences separated? Phone plans, utilities, what about your joint bank accounts/credit cards? You mentioned a child so what about child support? Basically you want to look at that period of time between the filing and the approval. These are all things that could trigger the n400 interviewing Officer to realize you had an undisclosed separation prior to approval. Not to mention divorce paperwork usually includes bits about who filed and when. Now of course I am familiar with mindthegaps story as many here are. And I don't fault him for suggesting avoiding making waves. What he is and has been going through is a shame. But I can not support advice telling people to not make waves. Sometimes life is messy and waves get made. It can't be avoided. For those in this situation making waves is unavoidable. You just want to try not to make a big splash is all.. You should have notified them when it was filed. You could have notified them immediately upon approval and they might have been able to add it to the records or reopen it. But at this point I don't believe that is still an option nor would be to refile. So what happens now? You can choose to remain an LPR and will most likely never have this come up again unless you file for something someone in the future. You can file for n400. You may be denied. That's fine. I mean obviously awful but not the end of the world. Being denied for n400 doesn't automatically revoke your GC. But you can also be denied and they can choose to revoke the 751 approval. You would need to refile the 751 in that case. This would be unlikely to happen as from my understanding there are a variety of people who get caught in the system for a variety of reasons. Basically they ended up with a GC thats determined to be approved incorrectly so they can't get the new benefit but USCIS takes no action to revoke it. They either have to live in such limbo or repeatedly demand USCIS revokes it so they can get it processed correctly. It seems doing such revocations is low priority for USCIS.. If you choose to apply for citizenship and it's denied then your next step would be determined by the contents of the denial. You or rather your attorney may be able to make a case as you outlined that the 751 approval was valid, no misrep, etc. You should probably hire an attorney for the n400 who can also accompany you to the interview and is ready with case law and policy, you may be able to avoid the whole review-deny-appeal circus. Hold on to any and all evidences related to the 751 you still have and make an effort to obtain what you are missing as many places only keep records for limited periods of time.

You answered your own question. What does the g1145 enable you to do? The e-notification does not grant any type of status or benefit, rather it is provided as a convenience to customers. The online system is a courtesy and has various disclaimers about how its simply a courtesy, may be inaccurate, but most importantly does not grant any benefit. Typically people receive the NOA within 30 days. Yes, it says 10 days but read carefully. See how it says 'accepted'? Accepted doesn't mean when your package is delivered. You are not the only one sending mail to them. So your package will be received by the mail room and be processed. This means they check for things like signatures, all fields completed (not evaluating the content they are just the mail room- but rather to ensure the Officers who ultimately get the package have an application they can adjudicate), they check for correct payment, etc. Think of it like a pre-screening. Once they are done your package is either accepted and put in line to go to an Officer or rejected and sent back to you. The NOA will be sent with in 10 days and then it's in USPS hands.. Sometimes people have problems with the post office not delivering mail in a new name /person to their address. And yes, I thought it was pretty clear but @Lil bear said it better "No CBP/ICE Officer has a duty to “ look into the filing record of the detained person”. ".Again this can be a hard concept for citizens to grasp as we are accustomed to the burden being on 'them' to prove you are doing something wrong to prosecute you. Immigration is backwards. You must prove to them and they have no problem holding you until you do so. It's actually their job!! Aliens are specifically told they need to carry proof of status on them at all times to present upon demand.

@lovinglive I don't really understand your reluctance to answer questions users are asking. No one has asked for sensitive/extremely private information. There are ways to answer while still maintaining your privacy. And you can always ask the mods to edit out anything you may have posted if you later feel uncomfortable with how much you disclosed publicly. As others have explained often people ask questions with tunnel vision. They don't realize they are asking the wrong questions and specifics matter. One small detail can make a huge impact. But regardless, you do realize there are a significant number of people w/o status in the US. Many can go for years,decades even never encountering issues. There are also people who aren't so lucky! The advice of plan for the worst case scenario is good advice. The worst case scenario here involves your partner being detained. This is not a clear cut users can walk you through step by step what would happen as yes, there is policy guidance but it also involves a lot of discretion by the Officers involved. It's almost like if you asked what happens if I am stopped by the cops for speeding? Will I get a ticket? Will I be able to get it reduced in court? No one can say. We can tell you the laws and what should happen but that doesn't mean it will play out that way.. Your partner is on a B visa. Until you marry your partner is an alien with no qualifying relatives (I assume unless she has other family here). An alien with no qualifying relatives on an expired B visa will have a variety problems if 'caught'. All can be generally resolved if you were to marry and file the appropriate paperwork but it will be costly and time consuming. Not really a path you should take. Once married the alien does have a qr (qualifying relative), but the marriage itself does not confer benefits . You must file the paperwork for such. So if the alien is 'caught' prior to it being filed there will be a variety of issues. Again they can all be resolved but your goal should be avoiding them. To avoid issues you need to file the AOS package (which you need to be married to do). Once it's accepted by USCIS the auth stay takes effect. However you will NOT have proof of such until you receive the NOA in the mail for it. This is where discretion comes in to play. The Officers can see what you filed but what most USCs have a hard time understanding is the immigration system has a guilty until proven innocent set up. And its your burden not theirs! You should not expect them to look into the system and determine auth stay applies, because while they can they probably won't. You claim to have auth stay you need to show them and the NOA is the documentation you need. Detention centers are not known for being pleasant rather the opposite. So if this urgent need for travel is because of a 'fun' trip that has already been planned and paid for (odd to have made such plans for a period of time they had no auth to be here for), well the fun trip will no longer be fun if detained and you will both be asking afterwards if it was worth it. Most likely it wasn't. Or it can impact the relationship if the alien is uncomfortable but you pushed them because that's all they will be thinking about in detention. Traveling or remaining with no status or auth needs to be the aliens decision. There are a few posts from users who were detained on VJ you all can read through as well as on the internet in general. I would suggest you do such.

Thanks for this information! It seems as part of the COVID response USCIS took various actions including extending from 18 to 24 months as well as sending a second notice to those who were still pending adjudication. It's not clear if this is just a temporary response or will be the standard moving forward.

The portion you quoted above was said by an attorney to the OP when they asked for help from the attorney with this. Obviously the attorney was incorrect. Perhaps the statement was taken out of context or perhaps the attorney honestly believes the airline would have allowed boarding and it could have been sorted stateside. Majority of users here would agree it's unlikely the airline would allow boarding but yeah technically possible just improbable. I suppose if he was allowed boarding and then things would have needed to be 'sorted' that could result in a paycheck for the attorney if the OP spouse was granted admission and referred to court. Either way the advice by the attorney was incorrect but fortunately the OPs spouse disregarded it and obtained the boarding foil. I believe the boarding foil is a one time use document and the OP should seek a 551 stamp asap upon his return incase further travel is needed in the future before his roc is approved and new card received. The OP mentioned receiving various notices as the roc case has been pending a while and transferred but you only get one NOA extension upon filing. If ones case is still pending when it expires you don't get an additional extension letter. You must get the 551 stamp to use as proof of status/travel/employment purposes etc.

Ok so first correct the household size. For self employment you need at least 1 year tax return which it seems you have. Did you submit the last 3 years and were they all over guidelines? You also need to send the tax returns and all schedules and documents for self employment. It is recommended to also include a statement explaining your employment and for your current income to show current profit loss sheets or pending contracts. Depends on the type of work.. This is not so much about proving the income but rather demonstrating its stable. You can search the forums for self employment 864 threads and find lots of information that will help you. Please do such and post back any additional questions or concerns if needed. Also I know you mentioned you used the correct numbers but please double check you did. Pushbrk has made many posts about this topic so please pay extra attention to those.

I read this may be some kind of hoax as the fence and grass in both supposed (yet confirmed to be legit images from their respective cams by the parks) are almost identical. ...? I guess the San Antonio zoo got jealous and decided to post a 'funny' this happened here too but IDK, I don't think it's funny. News is supposed to be based on facts. With everything going on in the world today it just seems like poor taste for San Antonio..

Hmm, seems mysterious animals are being spotted outside of other zoos now?? https://www.ksat.com/news/local/2022/06/12/strange-creature-caught-wandering-brackenridge-park-after-amarillo-mystery-sa-zoo-says/ SAN ANTONIO – Shortly after the “Unidentified Amarillo Object” was spotted in the Texas panhandle, the San Antonio Zoo says it also needs the public’s help in identifying a “mysterious figure” caught wandering Brackenridge Park. The zoo took to social media Sunday, sharing a photo of this “strange creature” that was captured overnight on security camera footage. Based on the photo, the creature appears to have four short and stout legs, a large rotund body and a large nose. To the casual eye, it almost appears to resemble one of the zoo’s famous hippos. Could it be Timothy?

Common mistakes on the 864 are related to household size being incorrect (if you are 2 check you entered 2 on the 864- it should be you + immigrant =2 not 3 ok?) Otherwise it is often related to self employment/ not entering correct numbers for such. You would need to provide more information about your situation and what you entered on the 864 w/o posting specifically private information. Or you can hire a local attorney for assistance in completing it for the response. Bottom line you need to figure out what is wrong and USCIS will not provide further guidance on it beyond the RFE.

Officials in the city of Amarillo, Texas on Wednesday asked for help regarding a peculiar problem: identifying a "strange" human-like animal that was seen outside a local zoo last month. The city shared a photo of the creature on social media, and said it was taken in the early morning hours of May 21 outside the Amarillo Zoo. "Is it a person with a strange hat who likes to walk at night? A chupacabra? Do you have any ideas of what this UAO- Unidentified Amarillo Object could be?" the city wrote. https://www.cbsnews.com/news/amarillo-zoo-creature-texas/

Well from my understanding short notice job transfers can qualify and as posted already there is no specific guidance on how long is 'short notice' but I can promise you a standard filing will take longer than 3.5 months (!) Perhaps if your short notice was 1 year then maybe yeah that's not that short and they could reject it. Check the current processing times and as long as they show <3.5 months it shouldn't be an issue to claim short notice.

Because their NOA extension has expired. From my understanding the OPs spouse traveled and failed to get a 551 stamp before departure. The boarding foil is the only document now that will allow him back. He incorrectly took a copy of his expired NOA extension and the attorney suggested that perhaps if he had the original notice the airline might have let him through and sorted it on the other side. IMO they probably wouldn't have but who knows. Now they could of course attempt the trip again and see if the original copy will work but it's a foolish gamble to take when they have been advised of the correct action to take. Personally I would rather go through the minimal hassle of getting the foil and know there won't be any issues rather than dealing with the airline and then facing detainment once stateside while they 'figure it out'.

Oh my. There is no trivia portion of a CBP interview. They can ask her anything they want but typically it's just basic general who are you and why are you attempting entry type stuff. Is there a specific reason WHY you are so concerned about her potential answers or is this just you being overly anxious? I mean your bride is an adult right? She has common sense and knows not to make inappropriate jokes or comments. She should be able to speak for herself just as she did in the interview. There are no wrong answers at CBP, you just need to tell the truth and be polite. There also really is no way to prepare because as they say you don't need a good memory if you are telling the truth.

Ok so the general order of things is USCIS-->Ssa-->Dmv--->banks employers etc. This is the general order because USCIS controls the everify/save system which other agencies use to verify status. You should have applied for ROC with the new married name you wanted. The problem is for non citizens everything circles back to the name USCIS has on file for you. SSA will change a citizens name no problem based on a marriage certificate but as an immigrant they need to verify your status with USCIS which means the name must match what USCIS says. DMV typically requires the SS card and they also verify you with USCIS so they will only issue in the name USCIS says. So the general order is USCIS-->SSA-->Dmv,banks,employers etc. You can also file for a name change through your local court but you would still have to file the i90 afterwards to update USCIS. If you are simply taking your spouse last name you shouldn't need to do a court name change, as I said USCIS will process it. You can also wait until n400 to change it. So what can you do now? Send a letter to the service center and local office (NOT a new 751, just a letter). Include your noa and relevant information and ask in it for them to ammend your pending 751 to show your married name. Send with a tracking number. You probably won't get any response back. You may see a case updated for name status online as well but no guarantee they will issue the card in the new name. If you have an interview you can ask in it for the change but again no guarantee they will as sometimes people are told it's too late even though it's really not. If the card comes in the old name you will either have to file i90 and pay the fee or wait until n400 filing.

This case has been floating around the news for a while. Apparently a couple had unprotected sex in his 2014 Hyundai. (Classy). He knew he had HPV but said nothing. So logically she submits a claim to Geico. They denied it and sent it to arbitration. The arbitrator found that "the man and woman had sex inside his vehicle that “directly caused, or directly contributed to cause” the HPV infection. The man was found liable for not disclosing his infection status and the woman was awarded $5.2 million for damages and injuries to be paid by GEICO." https://www.kansascity.com/news/article262267902.html Geico promptly filed a motion to vacate the judgment and was denied. Court said nope, it was all proper. https://www.dailymail.co.uk/news/article-10897967/Woman-claims-got-STD-ex-awarded-5-2-million-insurance-company.html So how in the world does this happen? Apparently Geico had poor wording and IDK forgot to include some key words in their policies in that region like 'auto accident'. But to be fair the company is run by a 5 inch talking lizard so I guess he tried his best? Very strange case.

There appears to be more to the story about the Missouri woman who filed suit against Geico after she contracted a sexually transmitted disease (STD) as a result of unprotected sex in another person's Geico-insured vehicle. The coverage question is more complicated than it first appeared. As was noted in the article, “Geico Sued by Woman Who Contracted STD in Car Insured by Carrier," the ISO personal auto policy PP 00 01 09 18, would likely not provide liability coverage for this loss. The insuring agreement in the liability coverage part of the form limits coverage to damages for which an insured becomes legally responsible because of an auto accident. There seems to be little doubt that the plaintiff suffered a bodily injury, as the form defines that term with “bodily harm, sickness or disease." However, the plaintiff does not allege that her illness resulted from an auto accident. https://www.iamagazine.com/viewpoints/does-woman-who-sued-geico-after-contracting-std-have-a-case

Well you were denied twice for an expedite, has the situation changed? Do you believe they incorrectly denied it twice but if you can only explain it to tier 2 they will understand? Because that's possible but highly unlikely. If you could share the reasons for the current expedite request and what proof you have, as well as the content of previous denied requests users can advise you on the best way to present it.

Public charge only applies when you are obtaining the GC. There is no public charge determination (later or again) during the citizenship process.