kazanit

I have a couple questions, when you filed to remove the condition after divorce, was you still in the window of 90 days or after? in an other word was you late in filing, because I did filed one year after my CGC expired due to divorce and coustody that lasted one year & 9 months to be final, what evidence you submitted?

I applied within the 90 day window, so I wasn't late. Evidence: whatever the usual list is - any and all financial docs (even called insurance agent and had him fax me records from 2005/6), affidavits from both my and her family. Don't forget to submit your divorce certificate - both the initial paper that you file with the court and the final judgment by the court.

I'm in the same kind of boat, except my divorce was not amicable! I gave him everything he wanted...but the divorce happened because of an abusive situation and I'm pretty much 100% sure he went to USCIS afterward trying to get me into trouble. Revenge, as it were, to try to get back at me for leaving him. I'm totally expecting an interview. I'm glad I got him on tape during one of his shouting tirades and beating up the dog. I have a restraining order (that was later revoked - not enough evidence to keep it going, though of course I had the evidence in my hand and didn't hand it over because I was so beaten down by then...) documented against him that lasted 30 days back in 2007. He has multiple DUI's, one of which I turned him in for (blew a .209 after 3 hours at the police station) and a bad reputation. I've no idea where he is now...he doesn't live in town any more. The last time I saw him was driving past his Dad's house and seeing him on the steps smoking a cigarette. The last time I spoke to him was on the phone back in about February or so. His new GF (now ex GF...) had his baby this year and he left threatening messages on her voicemail about her and the baby, apparently.

Altogether not a nice guy! I bet I'll be interviewed, since I'm not filing with my ex and there was abuse involved. I don't know. I suppose I'm ready for anything though and for God's sakes, I left him for a good reason. I would hope trying to preserve my life would be good enough. But I suppose we'll have to wait and see...

Oh I remember you JayJay - I followed your case when you were doing AOS. Sorry to hear about your situation. If there is one piece of advice about your situation and the impending interview - get the details and the dates straight. The name of his ex-GF, when were the kids born, how do you know that, the date that you last talked to him. Try to insert some emotion of course, but my sense was that they were looking for a consistent story not a sob story. And of course abuse is ugly and it's hard to keep a cool head about that. Best of luck.

I got divorced in Nov 2007 and applied for AOS in late Jan 2008, receipt dated early Feb, 2008. My biometrics were taken in March 2008. I didn't hear anything from USCIS until early August 2008, at which point I was informed that my case was transferred to my local USCIS branch. In mid-Sep 2008 I got a letter saying that I have an interview in mid-Oct 2008.

I left drained. In about 2 weeks my green card was approved, and I got it 3 weeks after the interview.

Hope this helps. Happy to answer questions.

Congrats and thanks for posting your experience.

2 questions out of curiosity.

How long did it take from when you filed for divorce to when it was final? Did you apply for removal of conditions while divorce was pending? (I'm in California too and I think it takes 6 months for a divorce to become final)

Also, did you get the 10-year visa or a one year extension?

Thanks,

Adrienne

I got my divorce within 7 months or so. Maybe 6.5. I applied for Removal of Conditions after the divorce was final. And I got the 10 year green card at the end.

Hi All,

For those few cases that apply for removing conditions after their divorce, I wanted to share my experience.

I got married in Sep 2005 and received temp green card in Feb 2006. I got divorced in Nov 2007 and applied for AOS in late Jan 2008, receipt dated early Feb, 2008. My biometrics were taken in March 2008. I didn't hear anything from USCIS until early August 2008, at which point I was informed that my case was transferred to my local USCIS branch. In mid-Sep 2008 I got a letter saying that I have an interview in mid-Oct 2008.

The entire interview took about 30 min. I took all the usual docs (insurance, lease, etc). I also took copies of affidavits, including an affidavit from my ex-wife (it was an amicable divorce). Pictures as well - the interviewer wanted to see them, and holiday cards - the interviewer did NOT want to see them.

Some of the questions that were asked: Why did you divorce? Why didn't you know about the problems before you married her? Where did she/ you move after the divorce? What were the dates? Several times he went back to the dates, just to make sure he has the correct. When was the last time you saw your wife? How did you talk to her last - email, phone, in person? What is her latest address that you know of? He the went into significant detailed questions about my ex-wife's new business, which I mentioned. Do you know the license number? Did she register it with the City? With the State? What is the web address? Etc. He did then want my and my wife's W-4s (which I didn't have, only the tax returns). I did give him my current pay stubs to prove I am self-sufficient and he was very happy to see them.

At the very end came the strange part. He looks at his computer and asks - Could anyone have written an letter saying that your marriage is a fraud? Did you acquire enemies over the past several years? After I said I don't think so, he asked two times more - are you sure? could anyone have written it? Then he said "so just you know, all these questions are very pertinent to your file." I still don't know if anyone has written a letter against my marriage, but it sure sounds like it! He then said he needs to do "systems checks" and that he might or might not request extra evidence from me, and he might or might not approve the green card.

I left drained. In about 2 weeks my green card was approved, and I got it 3 weeks after the interview.

Hope this helps. Happy to answer questions.

Just get a lawyer to help you with your case. I was in a similar situation and am currently going through the removal of conditions, already divorced. Prove your marriage was real and you should have few problems.

Your AOS approval is different from your Work permit approval. You generally get your work permit approved much earlier than your AOS. So I would encourage you to apply for work permit through AOS, not through OPT. Otherwise you will have two pending separate applications at INS.

Once you apply for work permit through AOS, in 90 days, if no permit received, you can contact your local office and get a paper copy of the work permit.

FYI - I went through both OPT and AOS, but i had sufficient lag time between them two.

You went with your girlfriend to visit your family/friends a year ago. I do not think this constitutes an intention to marry. I was on F1 and travelled with my gf/fiancee just fine - no one ever asked or questioned our intent.

hey kazanit

Did you file your GC case yourself or you hired a lawyer.. and you told me you travelled with your finacee /gf many times and still no questions in your interview

i am assuming you were on student visa too earlier before marriage

thanks

I applied for the GC myself, no lawyers, just used the guide from VJ. At my interview they did not care at all what status was I in before AOS. They cared about 2 things: that marriage is legitimate (thus travelling together helped to prove that) and that I have enough money to support the marriage.

Yes, i was on student visa for 4 years before marriage, and at the time of the marriage my OPT was expiring.

You went with your girlfriend to visit your family/friends a year ago. I do not think this constitutes an intention to marry. I was on F1 and travelled with my gf/fiancee just fine - no one ever asked or questioned our intent.

They are usually very lenient about gaps. I had some in mine, including overstayed visa and non-ead employment. The interviewer did not seem to care. They are mostly concerned that 1. marriage is real and 2. we have enough money to support ourselves.

Appointment for 10:30AM, we got in at 10:45. Interview by a very overwhelming lady, but she was nice. Apart from standard terrorist/informational questions she asked 4 questions: how/when did we meet, do we know each other's parents, who lives with us (we have a roommate), and did we have a ceremony after the wedding. She then asked for evidence. Looked very attentively at engagement and wedding pics (there is a huge sign on one of the pictures that says "War will stop if you want it to", and I think she might have been taken aback by it). SHe got really red when she got the pics where i am taking the garner off my wife with my teeth.

The one thing she spent most of the time on is the $$$. Took her time with W-2s, and recent pay stubs.

She then took away my I-20 (didn't know that happened), did NOT take away my temporary work permit (I naver got a real one), Cancelled my F-1 visa, and told us to expect a green card in the mail. I told her we will be moving soon, and she took our new address down on a sticky!!!

She did not explain anything about the next step, just something ambigious about 2 years from now... Glad I have VJ for that.

That's it. Now I will wait for the letter and the card.