EricInPS

20 minutes ago, Pleasework89 said:

My mom filed her n400 back in 2013 while separated from my father, who sponsored her. She submitted her separate tax returns without my dad, he wasn't involved in the n-400 application process at all. I think, not 100% sure, but I think that as long as she has been a legal permanent resident for 5 years or more, it doesn't really matter if she is no longer married or separated from sponsor. The status of her marriage would only matter if she was applying for her citizenship in the 3-5 years for spouses of us citizens. At least that was my mother's experience.

Yeah, that seems to be what I have read as well. She is well past the 5 year point so I don't see how it would be an issue.

My GF came to the US from China in 2013. Married in 2014 to a US citizen. Conditional Green Card was upgraded to 10 year Green Card in 2017. Shortly after that her marriage fell apart and she has been living separately from her husband since 2018. Due to circumstances in her home country she is now ready to file for N-400. Would filing for divorce in any way affect her ability to file for N-400? FYI, 2021 was the first year that she has filed taxes on her own. The previous years were joint returns with her husband. Any insight, pros/cons, would be appreciated.

Eric 

Just now, TM92 said:

Looks like its a legal gray area because the people in the old address would have been in trouble if they had opened your friends envelope: https://legalbeagle.com/7536906-illegal-open-someones-mailbox.html

Plus, the letter was addressed to my friend, so technically it was here mail regardless of what box it was put in to.

I posted this in the February 2017 Filers Thread but figured it could help everyone:

My friend received an email updating her that her card was delivered today, only it wasn't. Tracking it though a visit to the local Post Office showed that it was delivered TO HER OLD ADDRESS! Now, she had changed her address online almost a year ago and received an email verifying the change. Two months ago, when we went to a Fast Pass appt for the passport stamp, I purposely asked them to read back the address on file, and it was, indeed, the correct one. And yet, they still mailed it to the old address. 

If you have changed your address at any time during the I-751 process, make sure that the only address they have on file is the correct one. Luckily, we were able to snatch the envelope out of the mailbox at the old address. A possible felony, to be sure, but one that I was happy for her to commit.

23 minutes ago, santiagosilva said:

I guess we're done doing those charts nowadays  

 

(maybe it's just me, but it's easier to look at the charts once every few days, than read all the different individual posts. )

 

Some people just don't like posting such personal info online, even if most of it is benign.

22 minutes ago, santiagosilva said:

 

 

 

Are there any updates from the CSC filers, or are they still at 0% ?

 

 

 

 

See post above yours. My friend is a Feb. 2017 CSC filer.

My friend received an email updating her that her card was delivered today, only it wasn't. Tracking it though a visit to the local Post Office showed that it was delivered TO HER OLD ADDRESS! Now, she had changed her address online almost a year ago and received an email verifying the change. Two months ago, when we went to a Fast Pass appt for the passport stamp, I purposely asked them to read back the address on file, and it was, indeed, the correct one. And yet, they still mailed it to the old address. 

If you have changed your address at any time during the I-751 process, make sure that the only address they have on file is the correct one. Luckily, we were able to snatch the envelope out of the mailbox at the old address. A possible felony, to be sure, but one that I was happy for her to commit.

3 hours ago, Mollie09 said:

 

Do you have any experience at all with any of this? Any sources to back any of this up? Or is this just what you think?

None of this is correct. Divorces won't list a petitioner if it's no-fault, it will list both parties as petitioners. And I'll repeat: USCIS could not care less who initiates a divorce or why.

No need to be insulting, dear. I happen to have two divorces under my belt and know damn well that WHO FILES is a matter of public record. Just because you may have gotten screwed doesn't mean that everyone else will. And, I repeat: The USCIS isn't going to deport a LPR who gets divorced through no fault of her own.

On 12/15/2017 at 1:57 PM, divorcedgayman said:

Most of the divorces are no-fault, so the court paperwork will unlikely show the proof of disintegration. However, the history --- and what you both did does show that disintegration started to happen when he moved away from you. 

When you file your paperwork, I would recommend writing your own statement describing your relationship in detail.

Any divorce petition will list WHO the petitioner is. USCIS would have a very difficult time justifying deportation based on the USC filing for divorce. Can you imagine, "So, Mr. USC, you brought this immigrant to the US to marry her but you got bored with her and want to divorce so you can marry your mistress? Well, we'll just deport your wife since you are now done with her..." SMH to be sure...

I would allow, even encourage, your husband to file for the divorce. That way the disintegration of the marriage rests solely with him, the USC. In that case it would be a PR nightmare if the USCIS decided to revoke your Conditional GC and attempted to deport you because your husband had an affair and wants to marry his mistress.

36 minutes ago, Tortmaster said:

A conditional resident cannot file VAWA. A Form I-751 waiver is available for  conditional residents  who have been battered or abused by their U.S. citizen spouse. She can file for a waiver of the joint-filing requirement based on abuse.

Should she file a waiver even though she has already filed the I-751 with her husband as co-signer and is just waiting on a decision? The regulations specifically address life changes like divorce, or the death of a spouse. Nowhere does it list separation as a reason to re-submit the I-751. The fact is that even if she were to file for divorce today, it might not even be finalized until after she receives her unconditional status. She feels that re-filing now would push her to the back of the line, something that would just terrify her more. 

During a long and varied conversation with an intimate friend, she revealed to me that her American husband of three years has been repeatedly raping her since the first day of their marriage. He, apparently, has no regard for her feelings on the matter, and initiates sex on a whim. No foreplay, no lubrication, just violent insertion and 30 seconds of pain.  She had used the word "rape" once before, a couple of months ago, stating that she feels "like he is raping me". Upon being pressed tonight she admitted that she feels this way every time he initiates sex. I asked her why she does not leave him and she replied that she is 80% of the way towards her Permanent Resident Green Card, having fulfilled all requirements, and filed the I-751 in March of this year. She is terrified that leaving him, or reporting him to authorities, will jeopardize her immigration status because she believes that USCIS will believe a USC over an immigrant, and that, undoubtedly, he would deny the accusation. She is very wary of amending the I-751 at this stage for the same reasons.

I asked her if she ever said "no" to his advances. She has not, assuming that a wife cannot, or should not, withhold sex from her husband. She is afraid that, at this point, it would be a he said/she said type of situation, with her on the losing end.  I feel her only option, short of enduring this abuse for another year, is to file an amended I-751 using the VAWA avenue, but, again, she is extremely wary of changing things, or alerting USCIS to problems in her marriage.

Can someone point me towards valid information that is easy to understand regarding her options?

BACKGROUND: She hails from a wealthy Chinese family who offers substantial monetary support, so money is not a problem. She left China to escape another abusive husband. While in the US, she has attended school, and is awaiting licensure in her home state, although she is already licensed in several other states and is intent on opening her own business.

Can someone please answer this definitive question: If the I-751 has already been submitted, is it legally necessary to inform USCIS of a separation as opposed to a divorce? All I can find is that it is necessary to inform them of a legal divorce. Nowhere does it even mention separation.

In any case, here in California, it takes upwards of 6 to 9 months for a divorce to be finalized. If she filed today, she could, conceivably, be granted permanent residency before the divorce is even finalized. 

Just now, Going through said:

You mean she's decided to knowingly commit fraud at this point?  Or you mean she's not interested in learning how to file on her own?

As odd as this sounds, she may not have enough life experience to even understand HOW she is committing fraud. It's going to take baby steps to guide her through the process of acceptance and on to separating, filing for divorce, and then re-filing the ROC paperwork. I will do my best to prevent her from committing any immigration fraud.

I have set up this account to answer any questions that I may have. She is not terribly interested in exploring alternatives to her situation at the moment.

OP here. Thank you all for your learned responses. Being the neophyte that I am, I honestly didn't see the fraud angle as truly relevant here, but I do now, and I will do my best to convey these concerns to my friend. Hopefully, I can convince her of what steps are necessary for her to take. Unfortunately, I know that this will be a very difficult task. 

3 hours ago, Damara said:

Since you are not versed on the topic and you are posting for another individual I believe some important pieces of info are being lost here.

 

Heres how the timeline for removing conditions goes: Fill out petition and mail it in with evidence. With in a very short time (1-2 weeks) you get a receipt from USCIS called a NOA (notice of action). It states they got your petition and gives you a one year extension on your greencard. Shortly after that (anywhere from 2 weeks after you file to 3 months after you file) you get a biometrics notice. You take that notice with you and get your biometrics done. Then you wait. You either eventually get an interview notice or the approval notice (with no interview) and the new green card in the mail. The process can take 1 year or more. Sometimes it goes quickly though. 

 

According to what you wrote she had an interview. Was this an interview for ROC or one way back when she got her greencard? Its surprising but not unheard of for someone who filed Feb 17 to have already had an interview. IF she did have a ROC interview then when was it? Typically you are approved the same day as the interview and the greencard mailed out with in days. Some times they dont approve you on the spot in the interview and the approval will come with in the next week or so. If they had an interview and no result-- then there is a problem.

 

It may be possible that the new greencard was approved and the abusive husband took it from the mail and never gave it to her. If she has the NOA it contains a number where you can check the case status online. (plenty of forum posts about how to do that). 

 

If the online status says card was mailed then he has the greencard and she can ask him for it (through divorce papers or police assistance) however if he claims to not have it then theres nothing they can do about it. She will have to pay the 500$ or so to get a new card. 

 

Regardless she is in an abusive situation and needs to remove herself from it immediately.  She can go to a shelter or stay with friends. Therapy would also be good for her. But she needs to get away from the husband immediately. If her ROC wasnt approved yet she can still be approved with a divorce waiver. The most important thing is to get out of the abusive situation.

 

I hope you post back with the missing details. 

 

 

Okay, some clarification. I have spent the last hour asking these specific questions of her.  The interview I mentioned was for her initial green card. Prior to the expiration of that card, she, along with her husband, submitted Form I-751 along with the supporting documentation. Shortly after, she received Form I-797, Notice of Action, stating that her green card had been extended for one year while her I-751 application was being processed. This was in February 2017. She has not received any more correspondence, and she checks her status online daily, and so far she has not been approved. 

I spoke with an immigration attorney today who informed me that USCIC is just now processing applications for June, 2016. So, it's feasible that she won't be notified for another nine months. The attorney was adamant about her leaving the marriage as soon as possible. I am adamant about it as well. The problem is that I don't think she fully comprehends the situation she finds herself in. She is of the mind that if she just endures the abuse until "the letter comes", she will "be free". The quotes are directly from her.

I have explained that it is possible to amend the ROC application without involving her husband. I get the sense that the very idea of doing that on her own simply overwhelms her senses.

I have been prodding her to put in writing all of the reasons that she has verbalized to me about why she no longer wants to remain with her husband. Again, the very idea of putting these thoughts on paper seems to completely freak her out. I have explained that this would be an insurance policy should someone question the timing of her separation in the future. After weeks of prodding she has finally agreed, with my help, to write things down. I fear, however, that she lacks the self esteem to actually leave the marriage. She strikes me as a woman who is used to men making decisions for her, and does not understand that her very life is now in her hands, and it is up to her to decide her own fate.

Another responder itt suggested that by remaining in the marriage until she receives permanent residency amounts to immigration fraud. While I understand that line of reasoning, I know that fraud is the furthest thing from her mind at this point. Although she is an adult woman, she strikes me as that of a frightened little girl. She abandoned everything that she had known for 45 years on the promise of a life in America built on sand. I think it is nearly impossible for her to process the fact that she made such an obvious, tragic, mistake.

28 minutes ago, Hypnos said:

It's also possible, as I said above, that they will call both parties to an interview, and it sounds as if this would be a problem.

 

Actually, it would not be any problem. The husband has no intention of allowing his wife to leave him, so he will jump through whatever hoops the USCIC puts in front of him in order for his wife to remain here. At this stage he is completely unaware of her intentions. 

I have read through virtually every thread on this site concerning the I-751 submittal process and I have yet to see this specific topic addressed. As I am not well versed on all the nomenclature, please be patient with me.

BACKGROUND:

I have a lady friend that emigrated from China to the US in February 2014 to marry an American Citizen. They were married in August of 2014. The marriage was entered in to by both parties with the assumption that the marriage was bona-fide, based on love (or something close to it), genuine, and forever.

Within the first two years of marriage, however, it became evident to the lady that she was more of a pet than an actual wife. She was prohibited from communicating with friends, and was prohibited from leaving the house without her husband as an escort. She was routinely insulted for not knowing correct English, and, in general, made to feel inferior to her husband. The words she uses to describe this time period include "Scared", "Afraid", and "Rape".

Approximately one year ago she made the decision that once the ROC had been completed, and she had received her permanent resident green card, she was going to quietly separate from her husband.

In February, 2017, they jointly filed Form I-751, attended the requisite interview, presented compelling evidence of cohabitation and marital bliss, and she was sent to Biometric testing.

Recent events suggest that, while not yet in physical danger, she is being subjected to psychological abuse at the hands of her husband, and yet she is terrified to leave him before receiving her Permanent Residency. 

QUESTION:

Is there any requirement that she inform USCIS if she decides to separate from her husband before receiving her Permanent Green Card? It seems to me that she has satisfied the marital requirements during the past three years, has been interviewed and fingerprinted, and not been called back for a second interview. Is it safe to assume that her ROC request is in the process of being granted? And, if so, would separating at this point pose any danger of her losing her permanent resident status?

Thank you for your time. I can't find these answers anywhere...and any advice would be appreciated.