sidp69

I got CC on 23 Jan.... nearly there....

I think you should call them up and let them know about the mistake... its better if you tell them before they find out...

is the beneficiary from india?

if yes, then you need to go to the site http://cdn.ustraveldocs.com/in/

There will be a q popping up"

Is this your first time applying for a visa and/or visiting our site? Click yes if applicable

The next q will be

Are you applying for a nonimmigrant or immigrant visa?

You need to click on immigrant for F2a

Follow the steps given on the page that follows

Hi Jese

The Beneficiary is not from India, is there any similar website for those from Hong kong? Thank you.

Do i have to get a biometrics done? I am the spouse of a Green Card Holder. Thanks.

hi vkrishn...for scheduling biometrics....do I click a new user registration...kindly confirm if the below link is correct:

https://cgifederal.secure.force.com/SiteRegister?country=India&language=en_US

Is there such a website for Spouse of a Green Card holder? I have logged in and the only option is for relatives of US Citizens

I got a case complete on 23 Jan 2014, I have still not yet received any I/L. When do you think it should arrive?

Called them up last night.

Case Complete!! yay!!

Where will the interview take place?

What is the new country you are a citizen of?

What nationality did you list on the documents?

good luck

The interview will take place in Hong Kong, the nationality i have listed is Chinese. I use to be an indian citizen.

Thank you for your help.

Hi VJers,

I just submitted my AOS and IV checklist and expect a case complete in about 2-3 weeks. I was a resident of india, but recently changed my passport to another asian country.

Since I will have to get a medical test done soon, will it be ok if i get it done in india when i visit there at the end of the month, rather than my home country since it is only 20 percent of the cost.

Thank you.

Hi we still havent heared anything from NVC. Our case was sent to NVC last dec 19. My husband is from San Diego and no luck of talking to an operator to check our case. Is it really a long distance call from SD? Or we got a wrong tel number? How long does it take for them to reply to an inquiry by email? I send them email last week and got no reply. Thank you.

Hi we still havent heared anything from NVC. Our case was sent to NVC last dec 19. My husband is from San Diego and no luck of talking to an operator to check our case. Is it really a long distance call from SD? Or we got a wrong tel number? How long does it take for them to reply to an inquiry by email? I send them email last week and got no reply. Thank you.

Hi

They are no very responsive via email, the better option is to call them up. It is usually a 15-20 mins waiting time. I just called yesterday and my call went through to an operator is about 5-7 mins. Its probably because people think that NVC is closed, thus they are receiving less phone calls.

sidp, has the family decided on what to do?

They have filed a case with the local police and also spoken to the lawyer. There is nothing they can do as of now, so they are filing for divorce.

Thanks very much for your help.

hello there Sidp69., you have to confirm it by calling the NVC..

sometimes they keep on sending false checklist..

here's the number : (603) 334-0700

just be prepared with ur case number., name & birth or petitioner and beneficiary..

if they said the dates they have documents entered into their system then they received ur packages..

goodluck

We called them up before and they told us that both of the packages have been received. So nothing to worry about?

Thanks

Hi everyone,

I had submitted my AOS and IV documents in two separate packages VIA Fed-ex (tracking number shows delivered for both), but i received a letter today stating that my IV documents have not yet been received. Is this a mistake in the system or do i resend the documents again. I have copy + pasted that portion of the letter below:

-------------------------------------------------------------------------------------

Well, if he has the mental problem, no wonder that she wanted out. There is a BIG difference between have a long distance with mentally challenged person, and living with him 24/7,

No wonder now that parents wanted to pay 10k just to keep her quiet.

Poor girl ((

One more time, do not try to put more oil in this fire. Let the girl go.

I am not trying to put oil in this fire, just stating the facts as i see them.

He is not completely disabled, he is able to take care of himself, and also run his fathers business while his father is out of town. So it is not as if she has to take care of someone who cant even get out of bed. They have spent lots of time together in India as well as outside which gave her enough time to find out how much of a handful he would have been. I just want to know, what did she find in 3 days (after she got her GC) which she couldnt discover after spending months together (before she had her GC).

If she was not a scam, she would have immediately gone back to her family in India rather than sticking around in the US, in search for something else (or someone else).

Instructions for adding/updating yourself (or assisting others) to this list:

This is a very delicate situation and there are a few pieces of misinformation scattered throughout- so to clear that up first of all a CR1 marriage visa is different then a K! visa. When you get married and enter with the CR1 visa you are issued the GC immediately upon entry. If you are married for less then 2 years at the point of entry you are granted the 2 yr conditional card, if you are married over 2 yrs you ger the 10yr permanent card.

It seems the man and his wife were married for just under 2 years when she enters hence she was immediately given the 2yr conditional GC upon entry and advised him of her decision to divorce 5 days later. This means she like any other conditional GC holder will have to file for ROC to keep her GC.

The original question was how would they take away the 2yr card she was issued upon arrival and the answer is the pretty much can not. In order to do that they would have to go to a special investigator at USCIS (FDNS) with concrete proof that this was all a scam for her to enter the US and the proof needed for that would have to be unquestionable 3rd party sources that rarely exist. Like a video tape of her discussing her scam with someone else. A detailed journal in her handwriting detailing her 'plan' or proof that she defrauded the USCIS and your friend like the woman is married to someone else and had concealed from your friend thereby making their marriage invalid. (This almost never ever happens, people never get such proofs that would meet the burden, the best they can get are some emails- which are not acceptable, maybe some phone logs where they allege infidelity -again not enough- and a sad story of heartbreak to tell the officer and its just not enough) Hence the answer of you really have no way to take away the 2 yr GC she was issued on arrival because 99.99% of the time you just dont.

You do have the option though of trying to prevent her from successfully ROC'ing. Which is what she is going to be doing after the divorce in order to get a permanent 10 yr GC.

In some ways your friend was somewhat lucky that she decided to request divorce now immediately upon entry to the US rather then wait 6 months or a year of jointly living together before filing. Requesting a divorce immediately after getting your GC looks incredibly suspicious to the USCIS- like you married in India and then Bam as soon as you got here you divorce? CLearly you married for the benefit and she will have to prove otherwise. Its going to be hard for her. SHe will have to show proof they were legitimately married. Most of her evidence is going to be proof of her life with him and their joint life/relationship long distance (the same things they used to get the CR1 approved.

In order to show though that it was not a scam on her part where she used him for a GC she is creatively requesting a 10k payment in the divorce settlement. If it was the other way around where the alien paid the USC the money it would scream clear fraud that the alien had just paid for the GC, but with the USC paying the alien it will almost look like the marriage was legitimate and didnt work out and he is giving her a large alimony settlement because they were legitimate. This will work in her favor when USCIS reviews the divorce.

With out that large 'alimony type' payment and the divorce showing they have no assests to split as they never started a life together her ROC evidence is going to be very weak, Its basically just going to be like I said above the same type of stuff they submitted for the visa along with her statement that she entered in god faith. Your friend can submit a letter to USCIS that will get attached to his file where he can explain (and it would be be best if it it could have some kind of Drs statement to support it) that he is slightly mentally disabled and feels as if his bride used him to gain entry to the US. He can explain the limited contact they had. or the extent of their marital relationship long distance. That it was an arranged marriage etc. His parents or someone can even assists him with writing it, as long as he signs it and adds something like all of the above statements are truthful to the best of my ability.

I do very much understand the dilemma here as Mark laid it out

Paying the money will ensure a quick divorce but it will also probably help her obtain her permanent card. Not paying the money may lead to a more contested divorce because she really doesnt have much evidence for ROC, she may try to get back to together with the husband to gain more evidence to ROC at a later date after she does get some joint bills in the US and stuff. She may allege cruelty or abuse in the divorce or bring up his mental condition which would be a dirty tactic because she was aware of it but shed be in a desperate place because she needs something in the divorce to help with her ROC if its not going to be a generous alimony.

So the family has to consider the emotional needs of their son vs the financial cost to them vs the need for justice against a scammer.

Its a very personal decision and no one should judge them whatever path they take.

WOW!! Thank you capri. This is excellent.

I will pass on all the information you provided to my friend and his dad this weekend. Thanks a lot for this excellent overview. I finally feel at ease.

Merrytooth, I read fairly well, hence I know it is an arranged marriage in India. But on your side, do you naively think that any woman can say no to an arranged marriage and "stay put" anywhere? Time for you to read the news then! There are consequences to saying no!

Now you are basing your accusations on too many assumptions here. You are ASSUMING that she KNEW her husband was mentally disabled (I remind you that arranged marriages are decided by the parents ONLY), You also ASSUME that she was in age of understanding to which extent he was disabled, and this without even seeing him (they were thousands of miles away from each other and she was still in school before she arrived), you also ASSUME that she possibly had the medical knowledge necessary to evaluate the extent of his mental disability, you also ASSUME that she even was in age of being married (couldn't this be the real reason why she did not come to the US earlier)? That's quite a lot of assumptions to condemn her right there!

And even if she has accepted this marriage, isn't it acceptable that she might as well have realized later, once she was living with him waiting for her Green card (it takes about a year) how terribly disabled he was and that she might even never get to raise kids with him! Or that it was honestly too much to handle for her? Or that she might end up working 3 jobs to pay HIS medical bills.

And is any of that, your definition of "bettering her life" in the US Really?

Would you want any of this ordeal for yourself or your own kids?

Besides, there is a principle in US law that says: " ignorantia legis neminem excusat" It means in latin "Ignorance of the law does not excuse" therefore, the in-laws are supposed to know that "mental insanity" is a case for annulment of a marriage. They should NOT have ignored the law of the country where they live. Period.

I'd rather not walk in their shoes if she takes them to court because a family law judge is going to smash the heck out of them. That probably explains why they gave her 10k and moved on so easily!

Hi AT20000,

i just want to let you know, that she did know about his disability right away. Anyone can after spending a few minutes with him. Thus like 'Merrytooth' said, the marriage was not forced like think. She knew exactly what she was getting into and she didnt have any problems with his disability while being married for him for 2 years (long distance) and as soon as she gets the GC in her hand, she feels the problem. I find this a little bit like a fraud.

I am not the petitioner, applicant, nor a family member... but after knowing them for 10 years, i am no less than any other family member, thus i am just trying to looking out for them as they are very straight forward people who would not harm anyone, no matter what the other person does.

They have spent long periods of time together in india as well as their honeymoon, right after their marriage, how did she not realize and of the 'problems' then? My friends father is financially very strong and has made many investments such that his son (my friend) and his family would never face money problems. So she definitely wouldnt ever have to work 3 jobs in order to take care of him.

I think you are the one not understanding the whole picture.

It is an arranged marriage in India.

The girl could have say NO to the marriage if she doesn't want to marry a slightly mentally disabled and stay put in india.

No one is putting a gun to her head to say Yes to the marriage.

So what cruelty are you talking about here.

Now, after getting the green card, suddenly "Oh my husband is slightly mentally disabled" is a big issue to her.

This sounds like Fraud to me. She is just using the guy to better her life in US.

There is a huge difference between an arranged marriage, and a forced marriage.

Thank you Mark88 and Merrytooth for your help. I am going to speak to him this weekend.

Thanks

@sidp: if you take these things in consideration, it's very advisable to sit down with both an immigration and divorce attorney.

Thank you Mark88, I will forward your advice to him. I really appreciate all your help.

Have you been 24/7 with them to be sure that your friend was not abusing her every single day of her life? Then, I guess you would not think of getting a USC woman in trouble with authorities for dumping your friend, right? So, why should a woman coming from another country have no right to divorce her husband if she is miserable with him? Where is this entitlement coming from?

Also, USCIS officers are not taking their job lightly, If she has a GC it means that your friend has provided USCIS with proofs of bona fide marriage, mingled financial interests, etc...

So it is one of 2 things:

- Your friend has given false information to the USCIS and this is a felony,

- His wife has left so suddenly because she had a good reason to do so: he has been an a** all the way though or she does not love him anymore (which is her absolute right)

One or the other do you think that sounding the bugle on here is the right thing to do?

Hi AT20000

I am not sure if you have read, but my friend is slightly mentally disabled. He has had this condition since birth, I have known him and his family for about 10 years and am sure they were not physically assaulting her. Their marriage was arranged (as many are in india), they boys family is a well established family in the US while the girls family is not. The girl has never had a passport until the marriage thus according to me, she seized the opportunity to a better life by marrying my friend just for the Green Card.

How did she find a 'problem' with my friend after almost 2 years of a long-distance marriage then all of a sudden has a problem with him right after she gets her Green Card in her hand. I know i would be biased to my friend, but i want her to get what she deserves.

@Back&Brighter

I guess you are right. My friend and his dad have moved on. Its tough to move to seeing that she clearly took advantage of his situation especially since he is a bit mentally handicapped.

Thank you all for this.

Report to USCIS. Maybe his wife got CR1 visa and its valid only for 2 years. but 3 months before her visa expired, she will need to file removing conditions. or IR1 and she can only do that if she still married to your friend. if she failed to apply/renew new visa, she will deported back to her country. my advice...report her to the authorities.

My friends father has already done that, but 2 years is enough time for her to find someone else. I was just wondering if there other way to cancell her 2 year visa sooner.

Thanks for ur input.

We

that's the rub, right there.
but - what she did in the USA, moments ago, wasn't 'the marriage' - the marriage was some time ago....

I don't think if she can plan so many things, she doesn't know that it'll be very difficult for her to do ROC if she gets divorced.

especially when they have been married for 2 years>> but not living together, right?

(waiting time for her passport +gc process) >> What do you mean by 'waiting time for her passport'?

You know Some link is missing here...well I guess best suggestion here is to " move on..."

Well she didnt have a passport and plus she was pursuing her final year of education, so it took her a year and a half after the marriage to come to the US.

So they got married in about Nov 2011 after which they applied for her passport and then her GC. This process took a while, thus they were basically communicating via phone and skype till she came to the US.

Generally, yes.

There are three exceptions; 1. Death of USC spouse, 2. Abuse and cruelty by USC spouse, or 3. Good faith marriage ending in divorce.

The first two are in place for more or less obvious reasons, the divorce waiver is in place so that a foreign beneficiary cannot be held 'hostage' by a bitter ex spouse threatening to 'have them deported.' Roughly half of all marriages in the US do end in divorce, and the USCIS knows this. The beneficiary will still have to prove that the marriage was entered into in good faith, and the burden of proof is usually higher than for jointly filed petitions.

Thanks.

Would it be easy for her to prove that the 'marriage was entered into in good faith', especially if she is looking to get a divorce within a week of entering the country and also while she was married to him for about 2 years (long distance).

They will mail you once you are case completed give them 20-30 days to review ur package!! Best of luck

Thanks!

I would have been checking my CEAC portal again and again everyday.

I guess this is the hard part now... waiting...

Hi.

I have just sent in my AOS and IV package to the NVC. I was just wondering how they will tell me if its 'case complete' . Do i have to start calling them again or will it be automatically updated on my CEAC account?

Thank you very much.

Good luck to all on their Visa Journey!

Thank you all very much. This is why i love this forum. We try to help each other out as much as we can.

This is not my situation, i just recently found out about this happening to a good friend so i wanted to see if i could help him.

I forgot to mention, my friend is a little bit disabled, but she has been with him for over 2 years (he went to meet her 3-4 times during this period), she will probably use that to file for the divorce. They have gotten married in person thus she knew about his disability.

she has also asked for about USD10,000 for the divorce which my friends parents have agreed to give since they dont want their son (my friend) to go through more stress and depression.

The worse part about all is this is that there is no way to prove it since there is nothing is writing.

This is what i know from the guys side, the girl might have had some problems but knowing the guys family, i doubt they would have done anything bad to her.

My friends father has already reported to the authorities about this and also moved on, but i thought it was a very cruel thing to do, so i posted this forum.

Thank you all very much for all your assistance.

Was it you or your friend?

This sounds just one side story.

What you or your friend did that she has to move out so quickly?

Its for a friend. This is the side i know, but divorce after 5 days of entering the US, especially when they have been married for 2 years (waiting time for her passport +gc process) would get anyone angry.

If she came here on CR-1 green card, it is conditional green card. Report to USCIS that you fell victim of fraud. She will have a problem in two years when moving the conditions, since you/your friend can speak up again. I don't think she is out in the clear yet.

Make an infopass appointment at local office. Report everything to them, since she still has to remove her conditions, it will come back. File for divorce, and let it go.

Thank you.

She only have 2 years with that green card if he divorce her now she wont be able to get the permanent green card.... report her and get divorce that is All he can do right now

Thanks.

So not true. She can divorce and file for removal of conditions with waiver. All that is needed to show is that you entered mariage in good faith.

There's no stopping the 10 year card really without hard factual proof which is quite difficult. Hearsay will not work.

Yes. I think she has done her research.

Yes ongoing relationship is needed but there is also a provision for divorce waivers if she can prove her case, i want to think she is forward thinking and planned ahead or else she is a very foolish woman to have done that prematurely

Thanks a lot. I feel she has planned it out quite well.