returningVJ

If you have reasons to believe her sole intention was to evade immigration laws through the marriage, file a detailed notarized statement with USCIS explaining the facts.

First of all who is this Ronjie person and why is this person wasting every ones time?

.

To the OP

IM sorry to hear about your situation. as many people described you have to seek legal advice. and based on what i have heard else where it is true USCIS will not look at

marriages to a USC during deportation favorably. when seeking legal advice just be sure the lawyer has a history in deportation defense and waivers. any lawyer will take your case for $$$ or $$$$

but check there case load.

last but not least the avenue you are trying to enter is a painful one. you may have to be separated for a long time and deal with so much beurachrasy.. take a little time, try to separate your self from all the emotions and think whether he means that much to you (pls note, im not suggesting he is or he is not, thats your decisions to make, what ever you decide I'm sure there will be some one here always willing to share any thing that they know) believe me what you do now is going to change your life.

it takes so long to be together, and then you take a job that keeps you apart ? surely wouldn't be my idea of a marriage. sounds fishy to me.

Hey Ronjie,

Oh yeah? I provided the evidence to USCIS, I don't see the need to prove my case to a random jerk in a forum. provided in the post is a story not a case file. If you can take some thing from my post take it or else just go do some thing useful with your time. by the way jobs are what pays rent if you didnt know.

First of all thank you for every one who shared words of encouragement, specially mermaid. My I-751 filling with the good faith marriage waiver was approved last month by VSC without an interview.

just wanted to leave a note here in case any one would find it helpful.

Story:

- Entered US in 08/15/2005 on conditional GC with USC spouse (we were living together in my home country)

- After 2-3 months of looking for work I had to accept a 100% traveling job after running out of money

- Maintained all family contacts while traveling for work

- by march 2006 signs of things falling apart

- we separated in july 2006

- divorce was filled by USC spouse on feb-2007 and was finalized on aug-07

- I-751 was filled 2-3 days before the deadline with a waiver

- June-2008 VSC sent a RFE (standard RFE saying there is not enough evidence)

- 3-4 weeks after the RFE response the case was approved without an interview.

This is what i submitted

Original package

- Joint bank statements

- Joint health insurance

- Joint dental insurance

- one pair of boarding passes as evidence of joint travel)

- Copies of checks signed by me and x-wife using the same check book as evidence for joint financial mingling

- Joint tax return transcript for 2005

- Around 15 travel pictures

- Affidavits from x-wife and four other affidavits from her family members (sisters and brother in-laws whom we spent lot of time with)

- statement by me explaining the marriage

*** yes no lease agreement, when we signed the lease I didn't have the SSN so my name was not on the lease.

RFE submission

(I had submitted every thing i had with the first submission, so really i didnt have much left to submit as RFE response)

- statement by me explaining the break-up

- affidavit by a former brother-in law explaining what he knew about the break-up

- letter from Geico stating we had joint auto insurance

- cover letter highlighting original submission items.

few weeks later VSC and Boston office responded with the approval decision.

My 2 cents to any one who find themselves in this tough situation

- every case is unique, not having bulk load of paper evidence doesn't mean that you wont get approved.

- There is a good system in place, which gives you the chance to prove.

- Be ready for the long haul

- try to relax a bit (yes it is the toughest thing to do). panic is not your friend.

once aging thanks every one here at VJ. I wish you all, very best with your cases.

Regards,

Returning VJ.

i guess not, if its only for an year and she visits US frequently.

But you cant say with an absolute certainty that she wouldn't loose her status (specially if she stays there longer than an year). at a time she is crossing the border, if an immigration officer has enough reasons to believe that she has more ties to another country, they can decide to take away the GC. these ties include full time employment etc. (also they consider other factors, if that comes up they will serve a notice asking to appear for a hearing). bottom line is technically she could loose the status, but i don't know whether it really happens that way. check with a lawyer i guess......

She will not loose her status. The only thing is that the time she is abroad will be counted, and the date when she can apply for naturalization will be delayed by the days she's been outside the US.

I tried twice at the boston office. but they didnt give me the stamp. i was only going to canada so its worth giving it a shot in your case. i was told they would only give the stamp if i have lost the extention letter.

I just recived a RFE for my I-751. just wondering what causes these RFEs'. it would be great to hear from some proud recipients of RFEs and understand why and how they were addressed. anyone?

go to your local USCIS office and try to get a stamp on the passport. they will most likely say no first but try and explain the name mismatch. usually they only give the stamp if you have lost the extension letter. but its worth the shot, i've heard many instances they stamped people who are planning overseas travel.

anyways i did travel to canada three times with the letter. 2 times i went through without any trouble, but once crossinssing the lewiston bridge i was held for some time and totally harrased. the ICE people over there had no idea about the immigration law. they told me i have to file the removal of conditions 90 days before the GC expiration (which we all know is not the case) and my case will be denied since i havent done that and they dont know why and how i got the extension. so your experience will depend on where and whom you interact with.

Dont forget the lease agreement! USCIS loves it. not kidding! I dont know why people have to be so negative around here, and bang on some ones head whos drowning. Im in the same boat as you are. stay positive! case outcomes change by lot of factors and even the service center but there is a good system that lets you fight through. USCIS -> IJ > appeals. you allready have lot of stuff, specially those energy bills, if you have both the names on it.

BTW im not a lawyer so this is no legal advice.

Im in the process of I-751 (removal of conditions) after a divorce. based on my research and experience so far I could tell you this evidence you have is not enough for smooth no-interview approval. (may be obvious but wanted to mention). before i go any further, even its not sought here i feel compelled to write a bit about the marriage that hasnt ended yet. It seems like your husband is not taking the change well, getting out of the army and germany etc. maybe its just me, i feel like there is a good chance that things could work for you and your husband if you guys are patient and give it time.

anyways having said all of the above, i think there is a good chance of getting conditions removed atleast by the time you reach the board of immigration appeals (i dint say IJ). its difficult to prove that you entered in to marriage in good faith just with the stuff you have now, but if USCIS denies your case, they have to prove that you entered in to the marriage with sole purpose of immigration in mind. (i stress sole purpose, there are previous cases where judges have ruled considering immigration as a benefit out of marriage is not fraud). at the first round burden of proof is on you, the second round (appeal process) its on USCIS.

so unless you have criminal history, or you entered in to US on a non-immigrant visa and then married some one its tough to show the motive. having a nortarized statement from your inlaws would be helpfull to successfully fight out USCIS along with the other things you have. but hey i'm not saying its easy, Im still with USCIS but i can tell you its no nice ride. specially if you go on the trials you may have to spend some serious money.

another thing to note is that, immigration court system is running with strict scrutiny and low budget, so you want to make sure you do every thing right.

what ever you decide, good luck!

Thanks for the response estadia. but I dont have any thing else to send. the car we used was under her name bacause she had it before i came over. there was insuarance but, i dont have the policy number or anything to get a record of it.

Just got a scanned letter from my attorney sent by USCIS. its a RFE!!! saying evidence submitted is insufficient to establish a bona fide marriage and asks to submit more evidence within a month. it seems like standard RFE gives the usual list of things (lease, childrens bc etc), some of which i have submitted allready and the others i dont have. is this a pre warning of a rejection? i cant think of any thing else to send them. below is a list of things i have allready sent.

- Divorce decree

- Notarized statements (5) from

X wife

2 of her sisters and their husbands

- health insuarance card with both the names on it

- statements from joint bank accounts

- letters addressed to my X and me at the same address (when we signed the lease originally I didnt have a SSN, since i just arrived. so my name is not on the lease)

- around 20 pictures together during couple of trips

-2005 jointly filled tax transcript

Im kinda freaking out! should I start packing? any thoughts would be greatly appreciated!

Thanks!

Hi All,

Thanks for taking a look. i just wanted to run my list of evidence through every one to see wether i can get

some tips and advice. im hopefully filling for I-751 after the divorce. below is what im thinking of sending.

1. Copy of marriage certificate

2. Divorce decree

3. Cover pages of the joint bank statements (they dont need to know what we spent money on do they?)

4. Copy of joint health insurance from my employer

5. Copy of joint dental insurance from my employer

6. 2005 joint tax filling transcript

7. copies of checks that my spouse signed (they have my name printed on the check and her signature)

8. around 15 pictures of us together when we were travelling and stuff.

9. one pair of boarding passes from to Narita, with the names ans Mr and Mrs.

10. couple of letter sent to her and me at the same address (since i dont have my name in the lease, signed before i got my SSN)

11. hopefully atleast one affidavit from a member of her family and my employer (i had to travel a lot for work, and i was consistently bugging my employer asking him to keep me local, guess he can say that)

12. one card from her to me wishing best for an exam that i took (there should be a bunch cant find any though)

Appreciate any thoughts and suggestions.

Regards.

Does the evidence cover the entire period that you were married and living together?

Did you not file tax returns as married in 2006?

What about any credit vards bills, utility bills, cell phone bills issued to both, or each of you?

Other than that, it looks good to me.

Hi mermaid appreciate your thoughts as always! it covers the entire period (bank statements specially), i filled the tax for 2006, married but separate filling. would it be any help if i add that in?

unfortunately utilities were included in the rent, so there's nothing to produce on that side.

also how does bills issued to each of us going to help the case? is it as address proof?

Hi All,

Thanks for taking a look. i just wanted to run my list of evidence through every one to see wether i can get

some tips and advice. im hopefully filling for I-751 after the divorce. below is what im thinking of sending.

1. Copy of marriage certificate

2. Divorce decree

3. Cover pages of the joint bank statements (they dont need to know what we spent money on do they?)

4. Copy of joint health insurance from my employer

5. Copy of joint dental insurance from my employer

6. 2005 joint tax filling transcript

7. copies of checks that my spouse signed (they have my name printed on the check and her signature)

8. around 15 pictures of us together when we were travelling and stuff.

9. one pair of boarding passes from to Narita, with the names ans Mr and Mrs.

10. couple of letter sent to her and me at the same address (since i dont have my name in the lease, signed before i got my SSN)

11. hopefully atleast one affidavit from a member of her family and my employer (i had to travel a lot for work, and i was consistently bugging my employer asking him to keep me local, guess he can say that)

12. one card from her to me wishing best for an exam that i took (there should be a bunch cant find any though)

Appreciate any thoughts and suggestions.

Regards.

Does the evidence cover the entire period that you were married and living together?

Did you not file tax returns as married in 2006?

What about any credit vards bills, utility bills, cell phone bills issued to both, or each of you?

Other than that, it looks good to me.

Hi mermaid appreciate your thoughts as always! it covers the entire period (bank statements specially), i filled the tax for 2006, married but separate filling. would it be any help if i add that in?

unfortunately utilities were included in the rent, so there's nothing to produce on that side.

also how does bills issued to each of us going to help the case? is it as address proof?

Hi All,

Thanks for taking a look. i just wanted to run my list of evidence through every one to see wether i can get

some tips and advice. im hopefully filling for I-751 after the divorce. below is what im thinking of sending.

1. Copy of marriage certificate

2. Divorce decree

3. Cover pages of the joint bank statements (they dont need to know what we spent money on do they?)

4. Copy of joint health insurance from my employer

5. Copy of joint dental insurance from my employer

6. 2005 joint tax filling transcript

7. copies of checks that my spouse signed (they have my name printed on the check and her signature)

8. around 15 pictures of us together when we were travelling and stuff.

9. one pair of boarding passes from to Narita, with the names ans Mr and Mrs.

10. couple of letter sent to her and me at the same address (since i dont have my name in the lease, signed before i got my SSN)

11. hopefully atleast one affidavit from a member of her family and my employer (i had to travel a lot for work, and i was consistently bugging my employer asking him to keep me local, guess he can say that)

12. one card from her to me wishing best for an exam that i took (there should be a bunch cant find any though)

Appreciate any thoughts and suggestions.

Regards.

Darna,

I'm about to file my I-751 (hope my divorce would be final this Friday), i was doing some research on this subject lately.

please take this info just as friendly advice and not final legal advice of any kind.

1. when your I-751 is denied they send the denial letter, which leaves you with two options

i. wait for removal hearing, which could take couple of years to come and make a case there.

ii. file an appeal in immigration court (recommended)

2. when you go to immigration court, burden of proof is on USCIS and not on you, USCIS has to prove or make a strong argument, which says that your marriage was a sham. and your also free to bring new evidence.

3. the most important thing is if you want to fight this case, dont think about leaving the country untill every things taken care of, no cruises, niagara falls vists . just dont step out. if you step out its going to be a situation where a single consular officer could decide on your fate (and we know how things go, when there are complications)

4. an important point is if you decide to file a new I-130, it cant be denied based on previously denied I-751. there cant be any prejudice and this was held up by court rulings.

5. reading your post my recommendation is

i. Look to the possibility of getting affidavits from his relatives, which affirms the genuineness of the marriage.

ii. consult a good immigration attorney, who could recommend, which route is the best for you. fighting this case or going for a new I-130.

also please keep in mind, when your selecting an attorney be careful. you don't want to get stuck with an incompetent A H.

what ever it is relax and face things carefully. i wish you all the best!

PS: PM me if your around MA or CA i can give some tips on attorneys. if your in TX or southwest you might want to consider moving.

Hi Guys, I came here thru K1 fiance visa and got my

If they decide that your original marriage was a sham for the purpose of immigration benefits, then you are permanently barred from admission to the US. It doesn't matter if you have a later marriage to a USC that is provably genuine, once there's a finding of fraud, it's a permanent ban.

So see that immigration attorney and find out what needs to be done to prevent them from issuing a finding of fraud.

this is wrong! even if you have been in a sham marriage before if you file an I-130 with a new marriage, which is genuine it will not affect the new case. but you might have to establish more evidence. there is no such ban!!!! dont leave the country untill the things are taken care of.

i will try to post the court ruling case studies about what im talking about here, if i get time.

It came through finally, Conditions lifted August 21st 2006.

No interview required, 20 odd months to process.

congrats!!! can you share with us what kinda evidence you submitted?

Hope you get things worked out...

Sometimes, adjusting to a new life can be difficult. Talk a lot and try to sort out problems... If there is love, then still there is a chance...

Good luck...

These are words of wisdom...adjustment is a difficult process for both parties, may seem like there is no way out and that separation is the only remedy, but I believe that with God's help and open communication where love is present, things can be salvaged and a marriage saved...best of luck...

It looks as if she's adjusted to her new life in America pretty quickly and easily. Not even a year has passed since she first arrived to get married and yet she already has a job which allows her to own and pay for a brand new car.

The first year of marriage is very rough, not like we all dream of sometimes, but if you can get past this, hopefully you can make your marriage even stronger. Plus, the immigration process can sure be hard on some of us vs. normal couples who had enough time to deal with one another. I am praying that you two can work it out and come out of this with a better marriage.

This marriage no longer involves any immigration processes, since she already has a Green Card.

Please dont say things unless youre sure about what youre talking. it ofcourse involves immigration process. if the immigrant doesnt file for removal of conditions within 3 months before the conditional GC expire, he/she will automatically loose the residency and hence become removable. also you have to deal with USCIS on one way or the other untill you become a citizen.

Good luck, but I have a feeling I know what's going on here after reading your story, seeing your age, and reading your original post. Sounds like she got what she wanted, and it's time for her to move on.

Well, typical MOB......I tell you, everyone has to be careful about the women from high fraud nations..I'm sure she won't want to go back to her country...she has her GC now, what more would she want? I'm sorry this happened to you, dude..really am...no one deserves that..

Seems like some people here are good in jumping on to conclusions, the OP has stated he has withheld some info since its personal. so i guess its not your day to judge people on the forum

What stage are you in your time line? Between NOA1 and NOA2, AOS, Visa interview, Which service center are you dealing with NVC? Type of Visa K1, K3....

Please take the time and fill out your profile with things like Service center, consulate, and times items sent and received.

This helps us all with understanding your situation and what you are dealing with.

Your profile is incompleate.

http://www.visajourney.com/forums/index.php?showuser=25905

and you dont have a time line.

http://www.visajourney.com/timeline/profile.php?id=25905

You will get more help if you help us by taking the time to enter this data.

Its pretty clear what the OP is dealing with and his/her status. it just looks like you're confused between the I-130 or AOS process and the removal of condtions(I-751).

anyways it looks like things are going good with you mooninlove, if im not mistaken. im also heading for a single filling of I-751 appreciate if you can share more details on what kinda evidence you submitted.

HI! Do you guys have a Prenuptional Agreement?..

If you dont the divorce might be a little bit tougher as as far as i understood you are residing in New-Mexico and this is a Community Property State so everything gonna be divided between both of you as 50/50.

I dont wanna scare you i am sorry ., but you do need to talk to your lawyer about this issue as well.

The girl is not gonna be deported as i agree with Timelena sometimes marriages are not working out ., but seems that the girl have entered the marriage in good faith .

Best wishes.

Sincerely.

The divorce has already been granted. I can assure you that the courts of NM based their determination of the final property settlement IAW with the community property statues of NM, and by mutual agreement of the parties.

Community property are only those assets that have been accumulated since the marriage, and that she is not entitled to half of everything. She is only entitled to her share of the community property and that determination has been made. The court retains jurisdiction on this matter amd will not re-open the case and cannot be modified....its a done deal.

That is correct. ONLY those assets accumulated SINCE the marriage. MINUS the debt that had also been accumulated since the marriage. I paid for the wedding and honeymoon, I paid for the down payment on the house, I paid for the appliances in the house, I paid for a lot of other things. I put them on low interest credit cards and kept my debt ratio high for a reason. I did not tap out my savings from BEFORE the marriage to pay for these things. Wonder why?? <smile>

If you take the equity in the house, bought shortly after we were married, and subtract the accumulated debt from the marriage, then divide by two (50/50 split) that's what she is getting. And my lawyer structured this as "one time, lump sum non-modifiable support" which means it gets taken off my income and SHE pays the taxes on it. <smile again>

I also bought a 2nd car BEFORE she got here. I knew she'd be driving, but the 2nd car was ~mine~ before the marriage. "sole and separate" and she thought "I have rights to this car!" at the divorce. Not according to the laws of the state of NM she didn't... <another smile>

Actually she had signed a "sole and separate" agreement on the house when we bought it, since she had no credit, just having gotten here, and I had signed it back to joint tenancy in case anything happened to me.

Without that signature there would have been NOTHING to split, but my lawyer said it was likely they would have wanted some measure of support anyway, since she was making minimum wage, basically.

I have no doubt the house will appreciate by at least as much as I'm giving her over the next year or two... which of course, she won't get to share in... <some more smiles>

Dan...

Im sure that you know that its best to follow the advice of your lawyer, and he is more knowledgable than some of the replies that you have received from us amatuers, and I would certainly trust his judgement and experience on these kinds of matters.

Good luck to you in the future.

She (my lawyer) was very helpful. Except at one point I think she did feel sorry for "poor Russian girl".

My ex- is very good at pulling this routine however, so I'm not surprised, really.

Well it's over and done with. But I suggest to ANYONE to look into the divorce laws in your state prior to doing this...

Thanks for your good wishes and thoughts, desertfox

-- Dan

Dan,

I see lot of people pity you here, im sure you are a nice guy. but you seriously need to get out of this. shake it off and move on. may be you're not realising these posts are taking you on rounds and kepping you stuck on this. looking at your last post it seems like you have planned for a divorce more in advance than ur spouse, well im just giving you my honest openion, how it looks like when ur looking at it from out side. by any means im not saying you did.

and also you very correctly mentioned in one of the previous posts that there are three sides, her side, his side and the truth very true. have you looked at it closely or impartially and tried to figure out whats in the middle?

also i saw you were accusing your ex-spouse for having a plan B. well it was not plan A right? it was clearly plan B, which i think she should have and unfortunaetly there are many of us who never had a plan B and never thought what would we do if end up getting dumped after quting jobs, selling houses and leaving relatives and going through all the odeal of establishing a new life.

last but not least my friend i think you need to get some help from a therapist. im not saying it in an offensive way. please dont misunderstand me here. quite frankly im going through therapy, because im all f**ked up after getting dumped and not given any reason for it and it looked like planned and executed. (may be the same way that you feel) i was loosing sleep, geting up 3 in the morning all angry the list goes on...... im not saying ur f**ked up like me maybe your dealing with it well.

when i posted my story here, some guy posted "Now you know how american women are" i see some same kinda stuff getting posted in your threds in much more indirect way. but if u ride this wave ur not doing your self any good. now youre divorced let it be a thing in the past and move on. hang out with off-line friends and give up talking about all this, if (which i believe so) ur divorce is final.

all righty what ever it is all the best to you and youre ex-spouse in the rest of the journey of life.

Quoting I-751

Effect of not filing. If this petition is not filed, you willautomatically lose your permanent resident status as of thesecond anniversary of the date on which you were grantedconditional status. You will then become removable from theUnited States. If your failure to file was through no fault ofyour own, you may file your petition late with a writtenexplanation and request that USCIS excuse the late filing.Failure to file before the expiration date may be excused if you demonstrate when you submit the application that the delay wasdue to extraordinary circumstances beyond your control and thatthe length of the delay was reasonable.

and if you can prove it was a genuine-legite marriage, then the application can be filed alone, and with the supporting evidence, is approved usually without interview.

whats the basis for this response? have you heard it or seen it first hand?

i would more worry about eht affidavit of support rather than the immigration side of things,....thats their responsibility now, not yours, except for the affidavit of support.

I guess I864 is the last thing to worry about, since we are talking about federal grants and the department which granted the benefits trying to get reimbursed through I864, which is totally un-likely if you think about it. (unless we are talking about some one who is totally un-employable and needs assistance)

i would worry more about how the divorce law work in ur state and how is your assets going to be splitted.

what ever it is and which side ur on (the side worries about the I864 or the side worried about the immigration aspect) wish you all the very best.

Well Im sad to welcome another vjer to the club. hope you can work things out. Im still trying. but yes you can file for a waiver of the joint filling requirement based on

1. good faith marriage

2. abused spouse

3. hardship

gather as much stuff as possible which shows ur marriage is legitimate and was entered in good faith. yes you are going to need extra evidence than a standard case.

and search my previous posts, well all my posts are about this , you will see the questions i had and some nice people around here having good answers (thanks mermaid)

and last but not least keep in touch. i have done and doing some extensive research on the subject. we can share info.

Visa Journey is a site for family immigration. I vote no.

How many trolls we've had saying they're going through divorce, or wives/husbands that come here whine after a fight with their spouse saying they're getting divorced, or they're canceling their visa petition or stopping the process and then they make up and come back and say ''oh it was just a misunderstanding everything is ok with us now''? Don't we have OT for this? Don't people always mock these people and hijack their threads for their own amusement? Are VJ memeber really going to start to respect those people if a Divorce forum is created?

I'm sure there are lots of forums specific for divorce, sites for it, and, most important: lawyers.

If people are really going through divorce, if the fiance(e) ran away, go seek legal advice, not post in a forum for strange people give you advice just because you're hurt and need to vent or you need sympathy. Don't these people have friends in real life they can talk to? Maybe a therapist? Maybe a priest?

I understand what yodrak suggested but still I believe this is a forum that supports USC bringing their family to the U.S.

Just my humble opinion

Voting yes! and my dear friend you are scared that it might happen to you. thats the reason for this post. look deep in your heart and tell me im wrong.