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About fromthewater

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  1. Wow! Congratulations on the fast timeline! I wonder if the interview scheduling is depending on local office case load? Which processing center issued your receipt?
  2. There is no guarantee whether an I-751 applicant will have an interview or not. But here is safe bet, if one had an interview during I-485 for their first green card, then it is likely that they will be approved for I-751 without an interview, of course, subjected that your marriage was bona fide and you're providing substantial proofs. Another way to guess is based on your receipt number letters. For example, in places where California Service Center is where issues your receipt, MSC would likely to get an interview, whereas WAC is likely to be without an interview. People who got WAC receipts usually were interviewed when applying for their CPR. It is common that they issue an RFE. So as long as you are legit and are able to provide sufficient amount of evidence, there is really nothing to worry about. Again, this is just a general trend, not absolute, and there are definitely cases where it is not aligned with what I stated above. So, please only take this as a general guess and do not take it as 100% or try to argue about it.
  3. You will only know if you are eligible for N-400 under 3-year rule once your I-751 is approved. 1) If it states on your Approval Letter that you're approved under "section 216(c)(4)(C)", then it is very clear. 2) If not, you will have to do a FOIA request to get your I-751 records from USCIS. You will get a copy of the approved I-751 forms, on which you will see whether the adjudicator officer who approved your case ticked the box where it says "Approved under section 216(c)(4)(C) Battered Spouse/Child". If ticked, congrats; otherwise, wait.
  4. Congratulations! I'd be interested to know what your approval letter says also! I see that you originally filed late 2018 and got RFE early 2020? Could you share what took them so long to make a decision on your case? Does that mean you are about to hit 5-year of a PR anyway whether you can file N-400 under abused 3-year qualification or not?
  5. If getting married before N-400, wouldn't you have to change your name on the GC with USCIS before applying for N-400? And this could take forever as anything with USCIS? So changing the name via N-400 then would skip the step of name changing process?
  6. Wow! Congratulations! This is an incredible story and the only 3-yr naturalization under DV I have seen. So happy for you!!!
  7. I would suggest OP to consult with an attorney. Sounds like you don't want your divorce to affect your husband's eligibility to stay in the US. - People stay married and Remove Condition together - Joint Filing. - People also get divorced and Remove Condition alone - Divorce Waiver. Generally speaking, if the marriage was true and real, entered in good faith and not to trick the immigration system for benefits, you should have nothing to worry about. Of course, in practice, that's easier said than done. You will have to consider - do you guys have enough evidence to prove that you intended to spend the rest your lives together? Evidence including but not limited to - joint bank/credit accounts, bills, lease, insurance plans, ownership of cars or car insurance, loans, mortgages, wills, being each other's beneficiary on life insurance, photos of you two with family/friends, able to get family or friends to write and affidavit letter attesting your relationship and marriage was real, and many other mails or drivers license showing the same address that you have lived together etc. You need the above regardless of filing together or separately. However, the amount and quality of evidence would seriously impact the likelihood of one getting approved under divorce waiver. Vice versa, if you don't have good evidence, even if you try to stay married and make it, there's also a chance that you just can't hide the fact that your marriage is falling apart. On the other hand, even if you chose to stay together until 10-yr GC is granted, are you guys able to endure staying together for that long? Remember, if you chose to stay together and file jointly, you have to stay together until the I-751 Removal of Condition is approved. Currently, it takes 18~24 months for RoC to be adjudicated depending on your service center/local office. So are you able to stay together until 2 years after the 2-year GC expires? The other issue is if you stay together for the benefits of getting a 10-year green card, that could be considered as fraud. There are a lot to think about. And asking on the forum to get few pieces of advice isn't going to cut it! Professionals will be able to assess your situation and the things you have to provide you the best legal advice. They will know how USCIS handles/looks at certain things.
  8. @Villanelle I actually read this page a while back. However, it is believed that in practice, this policy is not rolled out consistently among USCIS officers across the country... I suppose I will just have to do an FOIA request to find out what ground it was based on.
  9. Thank you, @Villanelle. So what you are saying is that if you checked both divorce and abuse, and were approved, then you are approved for both. In that case, you qualify for N-400 under the 3-year rule? I just know that sometimes you check multiple boxes and were approved without unticking anything, the approval notice would still say something like "approved as a waiver of the joint filing requirement under INA 216(c)(4)(C)" for example. In that case it kind of suggest even though you ticked 2, you were approved based on only one of them. It would also be interesting that so many attorneys out there are saying you need to find out which ground you were approved based on, when in fact, if you did not untick anything, you were approved based on ALL grounds...
  10. Sorry for going on circles here. I am seeing 2 different theories in regard to this topic, and would love to find out what is actually how USCIS works. 1) If you are approved without unchecking any boxes, then you are approved based on ALL boxes checked in the form. 2) You can check multiple boxes, but in the end, USCIS will approve based on ONLY ONE ground. I have also heard from multiple immigration attorneys from different geo-locations that agree with the 2) scenario, which is even though they did not suggest you to untick any box, you were approved based on ONLY ONE ground. And they suggest calling/infopass/writing letter/FOIA to find out which ground was the exact and only one USCIS approved based on. However, on the forum, I am seeing people saying both, and some say you fulfilled ALL grounds. So I just would really like to know what is actually true to USCIS in order to know N-400 eligibility. I would have tried to send N-400 and see if they cash it, except that I have been told by attorneys and reading on the forum that they sometimes would just cash it anyway without checking your eligibility, and some worse cases include they did were not rejected until later in the process or during the interview to be told that they filed early... So they had to restart all over...... If only USCIS always specified which ground/grounds they approved based on in the approval notice to save this confusion...
  11. So if an approval was made to a form checked with both "divorce" and "abuse", it is assumed that case was approved based on "abuse" or both "divorce and abuse"? USCIS did not ask or suggest to untick any box before approving.
  12. Hello @Villanelle If a CR6 holder filed I-751 with both Divorce-Good Faith and DV and was approved, how do they know if they were approved based on Divorce-Good Faith or DV? Does their CoA change? For example, if their Approval Notice with CoA: IR6, does this mean it was approved based on Divorce or does it mean it was approved based on DV? Or does this say nothing? On the contrary, should their CoA change if they were approved based on DV? Like changing from CR6 to IB0 or IB5? If the notice doesn't say, would the next step be to mail USCIS to find out what ground or file for an FOIA? Could they find out over the phone or online? Or can they not because they have a DV case and all correspondence has to be on paper? How to find out what ground was approved in order to know the eligibility for N-400? Any update on your interview and application status?
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