Adrii

22 hours ago, Redro said:

Give them all evidence of you working on your marriage.

They are thinking you and your husband only stayed married so you could obtain an immigration benefit (10 year GC and eventually citizenship).

If health insurance and life insurance were in your name- and your husband was not working at the time- it could be viewed as part of the agreement- you pay for his health insurance in exchange for the 10 year GC. 

Do you have additional proof from the previous 921 days of your continuing relationship?

e.g scheduled visits, vacations together, therapy sessions, communications about where you will live together once he figured out his mental health, communication about long term plans to reunite?

 

I would include all communication and proof of your marriage- right now you write about your husband like he is just a friend- someone you married to give health insurance while they gave you a GC. You need to show proof the marriage was real and not that you married him just for a ticket to the US. 

 

ETA: Affidavits from friends are not the strongest evidence. You need solid documentation and third party letters from people who are not friends and family- as @Timona mentioned before- affidavits are weak evidence. 

Thank you for your suggestions.

Could you give me an example of a third party person who could write a letter? 

While my husband was not working there was no health insurance / life insurance.

He started a new job in late 2021, and in early 2022 I relocated to be with him and that's when I was added to his health insurance and we tried to work on the relationship.

I can provide proof of this / us being / living together during that time. - this is all documentation that USCIS does not have as it occured post filing the I-175.

Ultimately it didn't work out and now present day we are no longer together. Which is why you may feel like I type about him like he is a friend because at this point in life we are friends and are no longer romantically involved.

Again thanks for sharing your insight.

18 hours ago, Redro said:

Am I understanding correctly that you haven’t seen your husband/considered yourself married for the  last 2 years? Or you don’t have proof from 2 years ago but you have documentation for 2022/2023? 

I left South Carolina in April 2022, so yes it has been almost two years.

To clarify I do not have receipts on hotel stays in SC as I wasn't staying at a hotel I was living with my husband as his home.

I have evidnece to support of our time together in SC.

11 hours ago, Thunderbolt said:

After reading the OP to me it looks like poster child of immigration fraud. 

Marriage with US citizen.

Citizen gets paid for the deed. 

Citizen spends little time together with 'new' spouse.

Citizen goes with his life, doesn't work for what? 2 years? 

How many people can afford not to work for few years? Let me quit Burger King as I've worked for them for 3 years, I have so much savings that now I don't have to do anything for very loooong time. 

 

To me it is an example of the fraud case. 

While I appreciate your perspective, I think you are misunderstanding the timeline here. So I will clarify.

We lived together for almost 2 years. 

He was discharged from the military and moved home with family and was receiving unemployment afterwards for 12 months before relocating for a new job (to south carolina)

I then relocated to South Carolina, we tried to work on our marriage. We both worked in SC.

There was no payment exchanged for any deed and there is no evidence to support that because it didn't happen.

1 hour ago, Redro said:

That is excellent proof! 

Moving to SC and the trips with photos can work as evidence.

Do you have receipts of booking hotels or restaurants or events you went to together?

e.g My husband and I go to concerts together so we have receipts of those events with corresponding photos. 

Does your husband by any chance have saved text messages from 2 years ago or saved communication outlining your plans?

But, I agree with others that you should file for divorce ASAP and amend the filing to a waiver. 

I know this must seem overwhelming, you were doing what you believed was best for yourself and your marriage but USCIS has a very black and white/traditional view of marriage so you have to show good reason why you were not living together and all attempts made to reconcile. Otherwise USCIS will assume you only stayed with your husband for the green card. 

I don't have any hotel reservations as I was staying with him and I didn't think to keep any paper receipts of things we did (this was now over 2 years ago)

I'm going to search the SC address in my emails to see if that can provide any electronic receipts etc.

This is incredibly overwhelming and I truly would've filed for divorce earlier if I thought I had been doing anything that seemed suspious in the eyes of USCIS.

1 minute ago, Redro said:

Give them all evidence of you working on your marriage.

They are thinking you and your husband only stayed married so you could obtain an immigration benefit (10 year GC and eventually citizenship).

If health insurance and life insurance were in your name- and your husband was not working at the time- it could be viewed as part of the agreement- you pay for his health insurance in exchange for the 10 year GC. 

Do you have additional proof from the previous 921 days of your continuing relationship?

e.g scheduled visits, vacations together, therapy sessions, communications about where you will live together once he figured out his mental health, communication about long term plans to reunite?

 

I would include all communication and proof of your marriage- right now you write about your husband like he is just a friend- someone you married to give health insurance while they gave you a GC. You need to show proof the marriage was real and not that you married him just for a ticket to the US. 

I don't have communications from 2 years ago as all my texts auto delete after a certain period of time to save on storage.

We did do several trips to celebrate birthdays holidays etc and I have photos from these times.

I did also move to SC to try and make it work (and while I wasn't on the lease agreement) I did work while I was there and have paystubs with his address on them to support this. 

Do you have any other suggestions for evidence?

23 minutes ago, Family said:

Even with a divorce waiver , you will need to overcome the ‘lack of bonafides’ so a few immigration attorneys consultation and a look over of evidence that was submitted and any that can be developed. 
 

I am not sure if your husband got any extra  spousal benefits and was happy to wait in marriage limbo , while you were hoping the case will be approved….it is commendable that you were truthful about separation at filing.  

Thank you,

I was honest about living apart when I filed because I wanted to tell the truth and I didn't have anything to hide and at the time really felt as though we were going to be able to save our marriage. My husband being discharged from the military really took a toll on his mental health and I did think some time at home with his family would remotivate him to find a new career path.

I will definately consult with an attorney for additional insight. 

Do you think since they are questioning the legitimacy of our marriage in general I should provide additional evidence leading up to the separation?

- more photos, affidavits from family and friends etc?

- I also realized I never included our health insurance policies and life insurance etc 

3 minutes ago, Crazy Cat said:

You had already been apart for 13 months when you filed the I-751.  Your path forward would likely be easier if you file for a divorce, imo. Then you could proceed with a divorce waiver.

Although we had been living apart we were still travelling back and fourth and seeing each and at the time we weren't certain what the future held. I have until June 14 to respond, I'm not sure how long an uncontested divorce takes to file in VA but lets say I don't have it by June 14, what evidence would you suggest I provide at that point?

2 minutes ago, Timona said:

Don't withdraw anything. I pinted out that you need to do. Re-read my post.

Thank you I appreciate your help!

With the amendment would you suggest we provide updated signed statements?

17 minutes ago, Crazy Cat said:

Did your spouse sign the I-751? You both signed a joint I-751?

Yes the form was signed by us both and he always signed a statement outlining the current situation of us living apart (in 2021)

2 minutes ago, Timona said:

There's nothing like "we love each other/ communicate daily/ every second" but live separately. Nothing of such exists in USCIS dictionary. 

 

1. File for divorce or

2. he moves back in/ you move to him.

 

Those are the only options you have. Otherwise, your case is going to be denied. How does your husband move to SC and not back to you in VA? Sounds like this marriage is already dead but you're holding on for GC purposes. 

 

File divorce. You have no option.

Submit:

1. Divorce filing 

2. RFE letter 

3. Amended I-751, with divorce option checked. 

 

You'll still have the GC, albeit correctly and wih less stress. 

 

USCIS already knows you guys live separate and no letter nor explanation can overcome this, more so with him preferring to move to SC.

Thanks for your input!

To put it blunty, yes the marriage is now dead.

But when I filed 921 days ago it was not.

Will I have to withdraw the current case? Or can I reply to the RFE with a divorce decree or is this filing an amendment in response to the RFE?

13 minutes ago, Boiler said:

You have 2 choices to remove conditions

 

1. On the basis of being in a marital union, what they are asking for as that was the basis you applied.

 

2. With a Divorce waiver.

 

There is no option for your current situation

Thanks for your input.

Do you know if I can withdraw this application, file for divorce and then re apply with the divorce waiver?

At the time I filed (over 900 days ago) we were still working on the marriage (this has since changed)

Looking for some advice / hoping to find people that have been in a similar situation & my apologies this is a long one.

Backstory: I immigrated from Australia on a K1 Visa at the end of 2018. 

Married in 2018, recieved my Greencard in 2019.

In August of 2020, my husband and I decided to take some time apart.

Incase people want the nitty gritty details / incase it matters - he was getting out of the Military and was wanting to go home to Green Bay, WI to spend some time with his family while he planned his next career move.

At the time we were living together in Arlington, VA (this was where he was stationed) I had built a great support network of friends and had a stable job with great income and it didn't make sense for me to quit my job and move to Green Bay and have no combined income.

So in summary he went to Green Bay, WI & I stayed in VA working and I signed a lease on an aparment on my own and he was staying with his family in Green Bay, (no lease) and he was not working.

In September 2021 it was time for me to file for the removal of conditions. At this time I was still living solo in Arlington and working and he was still at home in Green Bay staying with family and not working.

In this packet I included:

- a personal statement signed by both myself and my husband outlining our current situation - (the fact that he was now living in Green Bay and I was in Arlington and that although we were living apart we were still in regular contact and had planned to reunite once he decided on his next career path, ((at the time he was considering joining a different branch of the military))

- Jointly filed tax returns for 2019 & 2020

- Our original lease agreement from Arlington from 2018 - 2020

- Joint Car insurance

- Joint cell phone bill

- A travel itinerary for my spouse to visit me in Arlington

- Vet records for our two dogs showing joint ownership

- 2 affidavits from friends

- Photographs

Fast forward to present day. March 18 2024 - I got an RFE asking for additional evidence to show my spouse and I entered into our marriage in good faith and continue to share a life together.

Now here is where I need the adivce.

While my husband and I entered into this marriage in good faith with all intentions of this being forever we are no longer together.

We are however still legally married.

We are on good terms but are completely individually self sufficient.

Is USCIS wanting an update on where this situatuon is at?

I guess I'm confused on what documentation to provide as all of the suggested documentation on the RFE is to support - as quoted on the notice "establish shared family planning, share responsibility for a common residence, hold ourselves to the public as a married couple or continue to share a life together"

And again while we are still very much in each others lives it's in a different capacity and there are no suggestions of what evidence to provide if you are no longer together.

There are a couple of suggested documents that I could provide but I'm not trying to prove we are still in a comitted marriage but I can prove we are still legally married (there has been no divorce filed) and we are on good terms.

We still speak almost daily, have joint health insurance, life insurance, we've visited each other over the years, have photos - but again we're not romantically together anymore.

Has anyone been in this situation?

If so what should I send in?

My husband now resides in Charleston, SC and has a new career

I still reside in VA and have a successful business.

In case it matters we do not have shared financials and do file our taxes together however married filing separately.

Any advice or input is grealty appreciated

8 minutes ago, Paraj said:

Nope my status is “new card being produced”, my understanding is that next update might be “card mailed to me”, not sure if that will have tracking number or not.. and from then onwards within a couple of days card in hand.. I thought you might have received some update in the status by now.. 

So I just did a refresh and it says -  Card was picked up by the United States Postal Service!

and we have a tracking number!

Yours should be any day now!

38 minutes ago, Paraj said:

Did you get the card/tracking number? Trying to see the sequence of events next and how long it might take to receive the card.

I have not yet! Have you?

4 hours ago, LisaLisa said:

 

Mine is an expediting nightmare. I submitted the request and they ask me for evidence immediately I faxed them the same day Feb 19th and I haven't heard a single thing back from them. It has been more than a month.  

As someone else suggested it might be worth getting your local congressman involved to help move this along a little. 

I’m sorry it’s taking so long! It can get super frustrating calling and getting no information over the phone. 

15 hours ago, Paraj said:

Congratulations, I finally got an update today new card s being produced 😊

Congrats to you too! Super exciting! 

8 hours ago, Paraj said:

@Adrii - Any updates on your case? I m still awaiting after sending the fax and no updates yet

I’m so sorry you haven’t received an update yet

We faxed our evidence on 03/05 and the app was updated on 03/14 that a new card was being produced and today I received my NOA2

hang in there! Hoping you hear something soon!

26 minutes ago, Paraj said:

Sure, you too please..

Will do! 

3 minutes ago, Paraj said:

I have faxed the documents on Feb 27th, awaiting further updates.. 

Keep me posted if you hear anything!

2 minutes ago, Paraj said:

@Adrii I also submitted an expedite request on the same day (Feb 19). Did you get any further updates?

Hi! Yes we received a letter by mail on Feb 28 asking to fax through evidence. My husband is going to fax that through today.

Have you received any updates?

17 minutes ago, Greek said:

It was through email. They requested that I fax them the information. 

Thanks! I might call them again today and see if they offer up the fax number.

Hope you hear something soon. Please keep me posted!

14 minutes ago, Greek said:

The next business day they requested me to provide them with evidence for my case and I did. However, since then nothing has changed and nothing is different 

How did they request it from you, was it email of by mail? Super frustrating it’s been over a week since I requested the expedite and they still haven’t asked for anything 

3 minutes ago, Greek said:

Yes I did on the 14th. They requested that I send them a fax and I did. I have called them twice and as always they don't have much to say to me.

When did you get asked to send a fax?

I haven’t been asked yet. I’ve also called a few times and I get told to keep waiting lol.

I think it’s pretty standard after the fax to expect to wait a few weeks. Hopefully you hear something soon!

3 minutes ago, Greek said:

Hello Have you gotten any email back like the one mentioned by the other people that they received your information or anything like that. Or have you seen any change in your case status?

No I haven’t received an email or letter and there hasn’t been any change in my case status

Did you also recently file for an expedite?

13 minutes ago, Successful Pinky said:

Hello everyone, i already received my greencard interview date which would be next month, however up to this, i have not received my EAD or work permit. Will i still receieved it? What happens if i don't get my work permit while my greencard interview is on? Please help, it worries me..thank you.

If you receive your green card your EAD and AP applications will automatically be cancelled as you’ll no longer require them.