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Posts posted by JR loves JR
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That stinks!!! I'm really sorry that happened because it will complicate your process. However, it doesn't have to be a major concern IF you can get the documents stating what occurred from the arresting agency. If you can get more than one official "copy" of the statement, do it!! Having a second original will save you heartache if you ever accidently submitted one of them during this process.You'll have to answer Yes on every application that asks if you've ever been arrested and then you'll have to provide documentation concerning what occurred and any consequences because of it. Just be 100% truthful and be prepared to answer questions concerning it.
My husband got detained with a group of men on a bus because the police were informed that a man on the bus was wanted for murder. No charges were ever filed and he was released as soon as he was able to produce a photo ID. Thanks to that incident we now get to answer Yes every time it asks if he's ever been arrested and then we submit the papers telling the rest of the story. They still approved his Visa.
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Can you update your timeline? That would be very helpful. You filed your Removal of Conditions in 2016 and that's the RFE you just responded to? Are you applying for citizenship using the 3 year rule based on an ongoing marriage to a US citizen?
I'd wait to see how your RFE is responded to before notifying the USCIS of your current status since you're technically still married. Do you still have co-mingled finances? If all you have to provide them is proof that you entered the relationship in good faith and nothing current I'd be preparing for an interview. Can/will your husband attend? If not, you might want to consider filing for divorce as the divorce waiver removes the requirement that he attend. It would also lessen the expectation of continued financial commingling... I'm not sure how far back they'd expect to see that type of evidence for a recent divorce.
And whatever you do, DON'T file for citizenship based on the 3 year rule. I'd hate to see you throw away the money on something that will be denied if you do have to file for divorce or if they doubt that your relationship is still genuine. Even if it was approved, it would be granted on fraudulent grounds and could be revoked if it became known that your marriage wasn't genuinely ongoing at the time of issuance (slim chance it would be discovered). But why would you want even the slightest doubt that could ever occur... I'd avoid that at all costs.
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You should also apply for an ITIN number for taxes otherwise you'll run into more headaches come tax season. The insurance company might accept an ITIN number ???
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Narubi... Are you Ouss' wife or did you hijack this post? I saw you also created a separate thread. Please clarify if the timeline given by Narubi is the right timeline.
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If you didn't intend to get married and adjust status during this visit, it is not fraud to marry on this trip and adjust. If she came with the idea that she'd stay, then it would be fraud. So the fastest way is to marry now while she's in the states and file to adjust status. She won't be able to work or return to Canada until she gets her EAD and AP.
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Both of those prior posters are wrong. If you can prove that your marriage was in good faith, you can file to remove conditions from your green card anytime before it expires. The shorter the marriage, the more proof you need but it's do able.
Is your green card still valid or has it expired? If it's expired, I believe that then you have no legal path to stay.
- Orangesapples and CheeseMonstah
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While you wait for the K-1 or EAD, utilize the time to create an American style resume, have her go to English classes to learn lingo, find volunteer opportunities for her (there's a great post by Darnell I believe talking about volunteering at your local Chamber of Commerce), connect her to the local workforce center for mock interviews. It's three months so you can accomplish a lot in that time. And if she chooses not to get a job right away after getting authorized at least she'll be totally ready when she chooses. We, unfortunately, didn't do any of those things so when my husband got his EAD we started from scratch and it took a while to land anything. So he started out as a landscaper.
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The ROC process right now is taking 14 months approximately from the time you file until the time you hear something. So if she's pregnant now, she won't be then. I'm not sure if she'd have to add child number 4 to her petition when it's adjudicated or not.
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Your relationship actually puts her ROC into a complicated mess. As stated above, her ROC was filed as a joint petition which means that basically she's claiming that her marriage is ongoing in good faith. Having a boyfriend already makes proving a good faith marriage much harder. If I do my math right, she probably applied for ROC when she was at least 8 months pregnant... And if she got pregnant at the very start of cheating on her husband with you, that means that at most she only had her green card 16 months before moving on to you. And as much as we'd like to think that children are good evidence, all it proves is that you had sex. And if one of her children turn out to be illegitimate, that would make me question the paternity of ALL her kids. So you getting a paternity test will cause a headache for your girlfriend if USCIS finds it... Even if that child turns out not to be yours. And if her husband finds out that she's cheating, she'll most likely have to divorce him and file with a waiver because if not, she needs him to show up at the interview and swear it is a good faith marriage... Not something I'd be too happy to do if I'd just found out my wife was a cheater and my children might not actually be mine.
- Meanis, Miss M and Michelle13
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It worked for us back in 2014. Things do change so I might not have the best information for you.
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A lot of people apply for CR1s with large age gaps. Some are approved and some denied. In order to get an answer that better fits your situation please answer the following questions. What country is the beneficiary (person intending to immigrate)? How big is the age gap? How many times have the two people met in person and for how many days? Do you share the same religion?
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The second one wasn't found guilty until 2015. So it's possible that it actually wasn't on his record at the time, that the victim hadn't reported the crime at that time. It makes me wonder how many other ones have been missed and how many other old naturalizations will be reviewed. Or was it just that someone whispered in the right person's ear to have these individuals investigated?
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USPS has flat rate priority boxes that you can mail most things in and the rate doesn't change due to weight. It also provides free tracking. I'm not sure what UPS offers. I sent ours USPS for around $14, I think.
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First things first, pull your affidavit of support. If you don't, you can be held legally liable if she receives means tested benefits for years (depends on her and her work ethic). Besides if she really burned you that bad, you probably wouldn't mind wrecking her happily ever after like she did yours. No affidavit = no green card = bye bye (in theory). After you do that, than worry about getting a divorce. But be aware, if she figures out that she actually does need you, she might be willing to say or do whatever it takes to get you back or to make a VAWA claim stick. After you pull the affidavit, then file for divorce.
- Happytobe, acidrain and ThomasNC1988
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You don't show, I believe it's game over. But do everyone else who's waiting for an interview the favor of withdrawing your affidavit. That will result in her interview slot being freed up for someone else who might actually deserve their green card.
- Cyberfx1024, acidrain, NikLR and 1 other
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- Popular Post
So she doesn't have her green card yet? Do WHATEVER it takes to pull your affidavit of support... Get an infopass appointment, send a letter, call them. If you pull your affidavit then you don't have to worry about what to do at an interview. If you aren't successful doing that, tell her you aren't attending the interview and don't go. WHATEVER you do, do NOT lie.
I do have one question for you, why are you still married if it's been 10 months and she hasn't lived with you and doesn't intend to?
- Dashinka, seth2013, EM_Vandaveer and 5 others
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Nope... no one will blink an eye that he already has one
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First, take steps to ensure your safety... Get a restraining order, change your phone number, never be alone with her again. Second, if you haven't filed for divorce, do it now! It sounds like you've wanted to do this for months but you're afraid that it will mean an interview. A lot of married applicants have to go to an ROC interview. If a married applicant has to go to an interview, their spouse must attend. A divorced applicant is more likely to have an interview than a married applicant. But they're more likely to get approved than a married applicant whose relationship is over in every way EXCEPT a legal divorce. If you choose to file for divorce, do it soon. You want it filed so you can change your application to a divorce waiver. I believe that if it's not finalized at the time of interview, you'll either be delayed until you turn in the finalized decree or you'll be denied for not having it. I'm not 100% sure what happens but I'm sure someone else will clarify.
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Two things: one I work for the USPS and do some hiring... Different district than the OP. My comments in no way are meant to represent or speak for the Postal Service. But as a person, I would like to apologize for the way the OP was treated. It sounds like they could have been treated with WAY more dignity and class. Second for corvusheart, the USPS doesn't turn applications over to the USCIS unless there's an actual investigation... Miss applying wouldn't trigger an investigation. We get so many applications that reviewing all those that have been withdrawn would slow the process and provide no real benefit to the postal service. If your husband had been hired, there's an actual background check that the Postal Inspectors run with the FBI. And if he would have marked that he was a citizen on that form, then there might have been follow up. But at the application stage of the game, I wouldn't be concerned at all.
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Mindthegap is totally correct. So if you overnight them on the 8th they should be there in plenty of time.
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Unfortunately the three year clock for citizenship doesn't start until you receive your green card. So you will have to file to remove conditions this year and then next year you can file for citizenship.
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Only if you can't afford to pay the fee. You can request to have the fee waived if needed. It's definitely not getting to affect her ROC enough to be worried too much about it now... How soon will she need to file?
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How long ago did you submit? It's taking over a year currently before a file is adjudicated. So you have some time to collect more evidence. You can begin the process of getting old statements from your joint account and any other joint accounts. But the best thing you can do is start saving now... Save everything. Then if you do get an RFE at least you have something more to send. You can also create a will or do medical power of attorney which are good evidence. Don't kick yourself too hard for your small stack. Instead move forward and make sure you have a big stack if you need it in the future.
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I'm fairly confident you can get a stamp any time but most people don't bother because getting an infopass appointment is nearly impossible. Also stamps are normally issues for 6 months or a year depending on the office so if your extension is still good for more than 6 months it might not gain you anything to get the stamp.
I know
in Effects of Major Family Changes on Immigration Benefits
Posted
Some things for you to consider: How long have the two of you been together? How many trips have you taken and for how long? If every time he's treated you worse, do you actually think that inviting him into your home permanently will make him suddenly change? How does he treat your child? Is he excited to video chat with the baby? Does he believe that the child is his or will he claim it's illegitimate? If you do bring him here and it doesn't work out, are you prepared for joint custody? Having a new baby is stressful enough, I can't imagine having a new immigrant spouse as well. I wish you all the best and lots of wisdom as you go.