user19000

I have read that with an explanation it should be ok. And I do have a good explanation. Anyway that should not be a prove of my love for him and as some people say...USCIS does not care about last names. Will call them to confirm though

Thank you everybody for your posts so far. I am going to research more about what one person suggested about when I do apply for the 10 years Greencard. Regarding my decision of not becoming a Citizen is a personal decision because there is no way I am considered an American (no offense) I love my country and I am proud of it. I never wanted to move to America and there is not one single day of my existence here I don't hate where I am living and think of home. However, I had no other option if I wanted to live with the person I loved. As for kids, we will not have kids so that's not a problem.
I will do it sooner or later whenever the conditions are more favorable and will keep researching about it but I will have my name back everywhere
Thank you again for your advices and good words! They are greatly appreciated

There is no attitude and I did say sorry if sounds rude. It is just my feelings about the situation. Got nothing to do with whoever will try to help or explain. Sorry again if could sound offensive to someone who will reply my post

I do not need to understand nothing (sorry if sounds rude) First of all he IS NOT AMERICAN. He is a US citizen but he is vietnamese. Secondly, this is not the american way because it is not mandatory for their people here in US to adopt the husbands last name. I am no ones property and I am my parents daughter not his parents daughter.
And I do carry documents in different last names because my passport is in my real name and always will be because I am not planing to be come a citizen...ever

Oh no...I did not stay silent...I did communicate but I guess my opinion was not respected

Hello everybody!
I am a conditional permanent resident and it has been like that for almost a year now. When I filed for AOS, I felt forced by my husband to change my last names to his last name... That is something you just DONT DO in my culture and country and so I have to hide for my family for them not to get really upset with me. Anyway I don't want to have his last name, not because I don't love him or whatever but is just the way I was raised and can't understand how misoginist is to change it...sorry. Anyway, my GC, SSN, DL in USA is in the married name (and again I never went to court to legally change it...I just filed the AOS with the new name and that´s all).
The thing is I want my last names back. My husband says that is not a good idea because it will be a red flag for immigration that I do so and that it will be just problems with immigration because they will not understand how I don't want to have my hubbys if we are married, that if I travel or I am stopped by a cop when I am driving they will see spanish last names and will give me a hard time and then if they keep tracking, they will see I am married to a US citizen born in Vietnam and then will be more red flags etc...All completely insane. As well he says that it will make me be more under the radar bla bla.
My question is it is a big deal for immigration the last name thing? Also, would happen something if when I renew the GC to a 10 years I go back to my maiden?
Thank you!

Look, it's simple cause and effect. If you pay your phone bill late, they might cut your phone line. And it will be your fault. If you show up late to a court hearing, the judge might find you in contempt. And that will be your fault. If you show up late to an opera performance, they might not let you in. And that will be your fault. If you send your I-751 in at the last possible moment and it arrives there late, that will be your fault too. This isn't about being slaves to the state. This isn't about politics. This is about prioritizing your life. Immigration is not an inherent right, and it shouldn't be treated as such.
I have sympathy for the OP, sure. It's a lousy situation. But at the end of the day, it's one that could easily have been avoided, so my sympathy only goes so far.

We had less than this as we live with my father so no lease or even bills in both our names. We have car insurance, joint taxes and a joint bank account, knowing we didn't have a lot we included 6 affidavits. We were just approved last week with no interview or RFE. I also included in the cover page as to why we didn't have bills together or a lease/mortgage.
Best of luck to the both of you.

The answer is not one that you will like. You aren't entitled to information regarding his status.
Moved from K1 forum to Removing Conditions forum

The proof of miscarriages ins't necessary and is in fact a bit morbid.
How is USCIS "being a knob", the OP failed to provide sufficient evidence so USCIS sent him a form letter stating such and listing recommendations for evidence that could help them get the approval they seek. So tell me what did USCIS do wrong in this case?

You did not get a denial, you got an RFE. You did not go to an interview, you went to a biometrics appointment.
You do not understand the process and have no clue what you are doing so it is no surprise you have not submitted what they need. Stop now and read the guides here and the instructions before answering the RFE because that will be very important. If you are not capable of understanding this, then I suggest you pay someone who does.
Children are not a requirement in any way. That is a suggested type of evidence. Read, study, or get help.

You didn't get a denial, you got an RFE, that's a big difference. Your "interview" you went to was not an interview at all, it was your biometrics appointment. All they ever do is photo and fingerprints.
They need more evidence from you, send it to them. It's not about whether you have kids or not. We don't, and we got approved without RFE.

Not yet, the letters are at our home, and all I have is JPEGs that my wife Scanned to me. I don't want to post the images because of all the privacy information that is on them. Once I get back home, I could post the text. In a nutshell, the first letter includes:
- "the evidence submitted with your form is insufficient. USCIS requires certain additional evidence to process your form."
- "All evidence should be submitted at the same time on or before 5 Dec 11."
2nd letter includes:
- "Your supporting evidence does not sufficiently establish that you and your spouse entered the marriage in good faith and the continue to share a life together.:
- "You submitted a copy of your DOD ID card, copy of your 1099 INT showing a joint savings account, copy of a voided check showing joint checking account, and evidence of joint car insurance."
- "Although these items begin to establish the indication of a relationship, they are not strong enough, as a whole, to establish that you and your spouse entered the marriage in good faith and continue to share a life together."
The letter then lists the following as "Good Faith Marriage" examples: Children as a result of your marriage, Evidence of a common residence, Joint financial resources, and health, financial, and estate planning arrangements with each other. I submitted evidence for everything except the Children because we did have any at the time. I wonder if I should submit the medical paperwork that documents our 3 miscarriages? Thats terrible if we have to do that.
The third page includes information about a required response during the designated time period and what the consequences will be if we don't respond in time.
Thats it, in a nutshell.

And I don't think the kids are just "runing out to the traffic". That's why cars need to stop completely when the bus's red liights are flashing and the stop sign is out, so the kids can cross safely. I don't see how it doesn't make sense to you. Pedestrians are supposed to have the right of way all the time anyway.

Just a comment here, while I also know stopping for a school bus is mandatory (just like stopping for a tram or regular bus in Aus) I've never been in a location where I can't continue if the bus is on the opposite side of the road, or where I can't go AROUND the bus by hopping into the next lane. For instance, the trams occasionally travel on 2 lane roads. We drive on the left so the tram would be in the middle of the road or in the right lane. You are NOT allowed to go into the left lane and drive past a stopped tram with it's little "stop" out (almost did once 'cause I didn't see it.. eep!). School buses open with their doors to the street and kids are expected to obey the laws of the road (stay on the side of the road until the bus is gone so you can look for traffic. Do NOT walk in front of the bus. Cross at the pedestrian crossings) but you still drive at 20kms in a school zone.
My natural instinct is to keep going but cross into the farthest lane and that's what I thought you did until Tony told me more about it. Even the driver learning book didn't explain that if it's in the opposite lane you need to stop as well. That makes no sense to me as 1. people should be teaching their kids not to run out into the road and 2. There should be a safety monitor there who gets out first like a lollipop lady with her "stop" stick to make sure people stop while the kids cross.
So I completely understand how she could have got this fine.

Why? It's a traffic ticket, what's there to fight she passed a stopped bus with it's lights & stop sign out. It will cost more to retain a lawyer & fight it then to just pay it and move along. There's now criminal charge so what's the upside of spending more money?

You are divorced. Let it go. Focus on the current relationship and child on the way.

Thank you so much.
Deprine, here is what I had written after the interview:
I went to my waiver interview this morning as scheduled and it went ok, I think. The IO was very serious, just asking questions. A lot of questions she asked where about the marriage and the events that led to the divorce.
I was told I would receive a decision in the mail after they review my file.
After the interview, she took my expired permanent resident card (green card) and my passport was stamped with a 90-day I-551 stamp. Does this mean I am approved?

What you need is: quality, but not quantity.
The following kind of evidence is doesn't do much good, if you got better evidence.
Copy of passport and green card (front & back) of ALIEN SPOUSE
Copy of our Marriage Certificate
Copy of Birth Certificate of US CITIZEN SPOUSE
Including copy of renewal notice & actual AAA cards
A print out of US CITIZEN SPOUSE's and ALIEN SPOUSE’s Facebook pages showing our relationship & communications between each other
Copy of various cards we have given to each other from 2009 to 2011
Copy of various letters and cards received from family, friends & others from 2010 to 2011
Including copy of letter with Refund check for overpayment on old account
Send the evidence such as:
Joint tax transcripts: they put more weight on transcripts, since 1040 tax returns can be faked with turbotax.
Birth certificates of kids, if any
Joint finances: take 5 statements (July 09, dec 09, march 10, nov 10, march 11) for every joint card, joint savings, joint checking
Joint insurance: health, auto, rental
Joint ownership: car registration showing both names (dont send all letters that dept of motor vehicles sent you; rental lease or home ownership
2 affidavits
Joint utilities: take 6 statements in the span of 2 years
Pictures: put 4 to 6 pics on one page, take color photocopies at Kinkos and send 3 to 4 pages.
Travel: tickets (dont send 20 pages of such evidence).
Why people get RFE, despite sending 100 pages of evidence?
These guys send junk evidence such as:
cards sent by friends (easily fakable)
advertisement mails sent to them (not a big deal)
magazine subscriptions (anyone can sign up)
4 affidavits (anyone can get 20 affidavits)
tons of pictures (one can take 300 pics, so what)
sending 24 months of statements of electric bill.
sending utility, savings, checking, credit, cell phone statements from Jan 2011 through April 2011 (after all, you can get 100 pages of such evidence, but it doesn't establish 2 years of mingling)
Here is a tip: collect as much as evidence you want. Once you have all evidence, get rid of junk evidence, try to include evidence of finances, etc in last two years.

Wow, you fought with Immigration about getting your wife a green card, and now you want to take it away because you think you gave it to her. I don't know but I think the IO was correct in the first decision.

You did not grant her the conditional permanent residence. USCIS did. I am glad you did give her the card if it was in your posession as it is hers.

Correct on both major points: it's a federal crime to open, destroy, or hold someone else's USPS mail. And yes, unfortunately the affidavit of support is still fully in effect. It's definitely time to lawyer up and see what amicable terms you can come to with her. It's a tough situation, I wish you the best of luck!

post advocating illegal action and thus violating TOS has been removed.
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moderator's hat off . . .
The green card is hers. If it is in your possession your best advice is to forward it to her. She is allowed to remain in the US for 2 years but she will need to file to remove conditions on her 2 year status. She can file and request a waiver from the joint filing conditions but she still needs to provide documentary evidence to prove that the marriage was entered into in good faith. If she is unable to prove this, then her petition will be denied. If you withhold the card from her, then she may feel she has grounds to claim abuse and may experience more 'leniency' when it comes time to remove conditions.
If she has her green card and wishes to file for divorce there isn't much more you can do except go along with the divorce. Unfortunately, it won't end your sponsorship requirement. If you have concerns - and possibly evidence - that she used you for a green card, then you can notify ICE of your suspicions (include evidence if you have it) and ask that they place this information in her file. It will then be there for review during her petition to remove conditions.
If you believe that the marriage was entered into in good faith on both parts and it just failed, then it is in your best interest to help her move quickly through the immigration process. Once she becomes a citizen that cancels out the affidavit of support.

Not so many people file I-751 with a waiver. You may be the only one for March. Why don't you add yourself to the long thread of the I-751 waiver filers?

This is actually not correct. The foreign spouse is required to file to remove conditions on his/her residency during a 90 day window of time prior to the expiry date of the 2 year card. If they are still married, then the petition is a joint petition by both husband and wife and includes documentary evidence that shows how they have mingled together their financial, social and personal lives. If the evidence is satisfactory, the 10 year card is often issued without an interview.
If the couple is divorced, then the foreign ex-spouse files the petition to remove conditions on his or her own, filling out a waiver option on the form to file individually due to a divorce (or death, or one of the other waiver options for filing individually,as the case may be). The person still needs to provide evidence that the marriage was entered into in good faith, and that the marriage just did not survive, for whatever reasons. Sometimes those reasons can have an impact on the application (abuse,etc.). If the documentary evidence is compelling, again the 10 year green card can be issued without an interview. If there is less compelling evidence, or if there is a suspicion that the marriage was not a real one, then the applicant will likely be called in for an interview and the decision will be based on a number of factors, include the results of that interview. If the petitioner convinces the interviewer that the marriage was entered into in good faith, regardless of the outcome of the marriage, he/she will be issued a 10 year green card. If they fail to convince the interviewer that the marriage is valid, then the application will be denied, any residency status terminated or revoked, and the foreign spouse will be told to leave the US.
If the US spouse has evidence that his/her foreign spouse committed fraud - and the breakdown of a marriage is not considered fraud because even valid marriages falter and fail - then he/she needs to submit it to USCIS, making sure that it is factual and accurate, and not resorting to histrionics or emotional complaints about being used for a green card.
To answer the original question directly, there is nothing the US spouse can do to cancel his wife's green card. If he can provide sufficient evidence to convince USCIS that she entered the marriage solely to get a green card then USCIS can take whatever action they deem appropriate - revoking her permanent residence status, or denying her removal of conditions when she applies. That is basically all he can do - report her to ICE/USCIS and provide them with appropriate evidence to back up his claim. (That is also easier said than done). If he does not have any such irrefutable or compelling evidence, it is probably in his best interest to 'cut his losses' and not try to seek any retributive action against her. USCIS is unlikely to act on unsupported accusations, especially when it is from one hurt spouse accusing another. He should just get a divorce and try to move on with his life.