Kowatti

7 hours ago, Villanelle said:

He will need to file ROC at the 2yr mark. He can ROC jointly (you must be married still and you would need to sign the 751 and show up for any interview) or he can file under a divorce waiver. He can not be approved under the divorce waiver until a final divorce decree is issued. So he may file for divorce prior to filing to ROC- but if he doesnt he can still file as divorced ROC and complete the divorce while ROC is pending. For divorce ROC your signature is not needed. He also technically could file under abuse ROC- marital status would be irrelevant for that type, your signature would not be needed but he would need proof of abuse. 

 

But basically anytime a marriage 'falls apart' soon after the GC is issued its a red flag for USCIS. The sooner its terminated the more suspicious it becomes. It sounds like you have a legal separation filed- so thats good, hopefully it was done immediately after the card was issued. I also hope you included in it his affairs. Now someone having an affair does not mean they can not ROC- but it can demonstrate no good faith- which is what is needed to ROC successfully. Any mention of fraud on his part in the divorce will also cause an issue for his ROC ,but it has to be in the final divorce papers and not just in the complaint, so you may want to consider fighting to have fraud wordings included. A finding of fraud would also most likely get you a better settlement. So if he wont agree to the fraud in the divorce you may want to consider having the judge rule on it if you have a lot of evidence. Or maybe its best for you to drop the fraud aspect if he agrees to a settlement that works for you. You really need to think about what matters most to you and reevaluate it through out the divorce process. 

Anyway- there is no advantage to waiting to divorce in this case. You are just delaying things. 

Oh my goodness!  Thank you so very much.  You have given me a lot of valuable information.  This gives me a guideline to follow & which way to proceed with this.  I think I am going to use the fraud & mental/emotional abuse immediately after getting green card.  I intercepted a document that shows he sent another woman money with his first pay check & I have her full name & info.  I found out about another woman he was dating overseas while we were already engaged.  I have her name & phone #.  I wish I had known all this prior to him coming here.  I left him days after he started abusing me emotionally.

Thanks for your help & please feel free to contact me if you can offer more.  

1 hour ago, Villanelle said:

Who advised you to not divorce??? IMO they are wrong. 

 

Hi.  Someone who claims she was told by her attorney however, I am in the process of relocating to MD & once I get settled, I will definitely find an immigration attorney who can help me.  Do you have any suggestions?  Thanks for your input.  Much appreciated.

9 hours ago, KtotheL said:

Here' s the situation,

We have been in a long distance relationship since 2016 and got married

august 2017. Originally she wanted to come to my country but that didnt work out so last year may during a visit i decided to stay in the u.s. and we filed for aos. Shortly afterwards she changed drastically and claimed that im a financial burden ( she had to pay $300 per month for my health insurance). She also stated that her being married made her lose out  on her tax returns. On top of that she became a very toxic person. She starts arguments out of nowhere, calls me a worthless piece of , claims I'm cheating on her and threatened to get me deported. I have a job since 2 months (EAD) and had my GC interview 1 month ago. I was issued a 10 year green card. Now a month later she wants a divorce and wants me to move out. After what I've been through the past few months, which based on her mothers details on the way my wife was treated as a baby is a strong indicator of Narcissism, I'm leaning towards a divorce as being the right decision myself. However, I'm a little worried that this could be seen as highly suspicous since it's been just 1 month since i was issued the gc. Especially when the time comes to file for citizenship since they will look at my entire history again and the divorce could be a red flag.. I don't want anymore trouble, I just want a peaceful life.

Hi.  I have a similar situation however, I am the petitioner.  My now husband came to the US in June 2019, we got married in August 2019 & filed for K-1 AOS immediately after.  He received his working permit & 2 year conditional green card.  As soon as he got both, he started signs of narcissistic behavior.  He started hiding his phone, calling other women from his country, started sending money to the primary girlfriend overseas & didn't help much with household bills.  He also would scream at me on a daily basis even in public & he found excuses not to sleep with me as husband & wife.  He called me nasty names & etc.  I separated from him within 1 month due to the mental & emotional abuse.  We don't have much proof to show a bonafide marriage.  I added him to my lease when he first arrived, but we don't have any kids together, traveling for vacation or anything.  I was advised not to get a divorce, only legal separation because at the end of his 2 year conditional green card, he will have to prove a bonafide marriage to get his 10 year green card.  He came here under false pretenses, but I didn't find out until he was granted his conditional green card.  That is when certain things about him started surfacing.  I waisted so much money & time.  I hope he will not be granted the 10 year green card 2 years from now.  I hope everything works out for you.  Hang in there.

18 minutes ago, geowrian said:

There was enough evidence to get the K-1 visa, of which you helped provide.

There was enough evidence to get AOS approved, of which you helped provide.

They only need to show that they entered into the marriage in good faith. Around 97% of I-751s are initially approved. Taking into account people who are initially denied and then refile, or it goes all the way to an immigration judge (this will take years), you're likely talking decently under 1% ultimately being denied and having PR status revoked.

Whether it is dragged out or happens quickly is not factor in the end result.

Thank you for your input.  At some point, I know that I will need to talk to an attorney.

1 hour ago, geowrian said:

The petitioner can make things harder with timings, delaying the divorce, etc. But the end result will be the same. If they don't want to leave, they'll get through ROC unless they don't actually have evidence of a bona fide marriage.

There will not be much evidence for a bonafide marriage at the end of 2 years.  I have decided to get a legal separation & wait it out for the divorce.  I will be leaving him in 7 weeks.

3 hours ago, Mike E said:

Sorry this is happening.  It is understandable that you feel taken advantage of and it is unfortunate that immigration law allows these premeditated abuses.  Based on the well informed replies you are getting, it would appear the  I-751 process that was put in place to cure such abuses is mostly toothless.  
 

From your timeline the IO in his AOS  interview seemed suspicious. Apparently she smelled smoke where there was fire.  
 

Let’s run through your options. 

 

From the instructions for removal of conditions (I-751)

 

1. Filing jointly. If you are filing this petition jointly with your spouse, you must file it during the 90-day period immediately before your conditional residence expires.
 

So whatever you do, don’t file jointly.  
 

2. Filing with a request that the joint filing requirement be waived or individually filed. You may file Form I-751 without your spouse if they are deceased, you are divorced, or you and/or your conditional resident child were battered or subjected to extreme cruelty. You may file this petition at any time after you are granted conditional resident status and before you are removed from the United States.

 

So unless he manages to divorce you and file before he is removed from the USA, your failure to file the I-751 will cause him to be removed.  However you now have the problem of being married to a spouse that lives outside the USA. If you can force a divorce after he leaves the USA then this would be an interesting scenario for you.  

 

3. Effect of not filing. If this petition is not filed, you will automatically lose your permanent resident status two years from the date on which you were granted conditional status. You will then become removable from the United States.
SPECIAL NOTE: If your failure to file was through no fault of your own, you may file your petition late with a written explanation and request that USCIS excuse the late filing. Failure to file before the expiration date may be excused if you demonstrate when you file the petition that the delay was due to extraordinary circumstances beyond your control and that the length of the delay was reasonable.
 

I’ve no idea if your unwillingness to file the I-751 jointly would be considered “no fault of” his “own”.  
 

Personally if it were me, I would not want the mess of a spouse I did not want in my life still married to me in a foreign country.

 

I was confused by the suggestion that you can withdraw the I-864.   Since the green card is in production based on your timeline, AOS has been approved, and so I think you are stuck with this financial burden  
 

So I would not want to be stuck with this burden either. 

 

So I would divorce, but not so fast and no so slow.   And so I would get legal advice from family law and immigration attorneys in order to achieve the trifecta legally and in full compliance with federal and state law:

 

* Divorce

 

* No financial burden to support an alien ex-spouse under immigration law 

 

* Removal of the ex-spouse from USA. 

Thank you so very much.  You provided me with much valuable information.  He also abuses me mentally since he was approved.  He screams & calls me names on a daily basis.  Inside the house, he feels comfortable chatting with his girlfriend on apps.  He thinks there is nothing I can do because he now has his conditional green card.  Again, I appreciate the time you took to help me.

41 minutes ago, Paul & Mary said:

Really nothing can be done after the conditional green card is issued.   Can't tell if this is for you or someone else.

 

If you are the beneficiary . . . 

You can divorce and support yourself.  Depending on the time married and states involved you might not receive any alimony.  If the I-864 is pulled you can file and I-360 if there was proof of abuse.  If the conditional green card is issued you can file ROC right away with the divorce waiver.

 

If you are the petitioner . . .

ROC is done by the immigrant and can be done with a divorce waiver.  Petitioner is still on the hook for the I-864.  If AOS hasn't been granted you can try to pull the I-864.

Thank you very much.  This helps.

Hi guys.  Was just wondering, after spouse gets approved for his k1 AOS, conditional green card, he starts cheating, what can be done after the 2 year conditional green card expires?  Along with that, emotional abuse?  Thank you.

1 hour ago, Juli. said:

Any red flags? Do you makes enough for the AOS or have some Co-sponsor?

 

Other thing that can be a issue?

 

Any case is unique, so you can not compare your case with other people who was approved in the same moment. 

 

If they need more evidence they will let you know.  Is there nothing you can do until there  

Yes, our red flag is age difference.  Everything else is good.  Thank you.  I appreciate your help.

29 minutes ago, skjourney said:

no, it means its pending review. Try not to panic yet, its likely your case isnt as straightforward as the other applicants you may have seen, but that doesnt mean its going to be rejected.

Thank you very much for your quick response.  I feel a little bit better.

I need help.  Hubby & I had an interview this morning.  The officer did not indicate if we were approved or not.  Online shows pending review.  Does that mean hubby was not approved for his green card?  We didn't get a good feeling from it.  Other couples we're approved on the spot.  If we find out that we were not approved, is there anything that can be done about it?  Thank you.

11 hours ago, Aghad said:

Please help in my case.  I won this year.  My wife had canceled her visa five years ago by the US Embassy.  When we asked them the reason, they told that we left our minor daughter in the United States and did not bring her in time to her homeland.  My daughter did not violate US laws and returned home before her school visa expired.

 Will this affect to my interview?  please reply

May I sk, are you saying you gave temporary custody of your minor child to someone else who left the country?  If that is the case, here a minor cannot live alone without parental or adult supervision.  I don't have the knowledge & don't know the law about all the particuls.  I hope when you explain everything during inyerview, things will work out for you.

54 minutes ago, JL08 said:

Did you put how long have u been retired?

Upon submitting your application did u put anything about your income ?

No need to put how long.  They don"t really care.  They only want to know that the financial documents prove the income is sufficient, later on in the process.

26 minutes ago, JL08 said:

Thanks for the reply 😊

For the  form I 129F employment part did u leave it empty?

I wrote retired because later on the affivafit of support, that is when the income info will be presented.  I don't suggest leaving too much blank.  Hope this helps.

56 minutes ago, JL08 said:

I got a question regarding this what supporting documents did u provide when u applied for k1?my fiance is 6 yrs medically retired (dissability).

What do put on the job part of thr application?

We need help pls..

I, the petioner, submitted w2 forms, 1099, & documents that show the amounts being deposited in my account each month.  Those of us who are on disability get the w2's & 1099's from IRS each January.  I also sent in a verification letter of my income from social security website.  So far nothing has been rejected & no RFE.  I hope this helps you a little bit.

Best wishes.

22 minutes ago, ineedadisplayname said:

No. If you apply for the work permit you will get one.

You might heard that some people got their greencard faster than the work permit was processed. In that case they won't get a work permit since the green card is superior.

 

 

Thank God.  I feel less stress.  I truly appreciate you responding & helping out. 

13 minutes ago, sashsash said:

It is not correct, if you apply for EAD (application for employment authorization) you can get one. Another thing that it depends on your Local Field Office how fast you can receive your green card. Some offices are really fast, while others are slow.

If you receive your green card before EAD, you EAD will be automatically cancelled since you can work and travel abroad with your green card.

Thank you so very much for your quick reply.  I greatly appreciate.

Hi guys.  Can anyone help me with this?  Once the beneficiary completes his/her biometrics and waiting for approval for working permit, is it true that they no longer give you the permit & you must have an interview then you only get your green card?  They don't issue working permits anymore?  This is a rumor I just heard.  Is this true?  Thank you for your help. 

5 hours ago, Allaboutwaiting said:

You can withdraw the affidavit of support with a written statement sent by mail. Once sent, it cannot be revoked.

Does the written statement need to be detailed or simply that I want to withdraw the Affidavit of Support?  We simply don't get along & it has not been a real marriage.  Thank you.

1 hour ago, aaron2020 said:

https://mypathtocitizenship.com/how-to-withdraw-i-864-affidavit-of-support/

Thanks for the link.  It helped a lot. 

1 hour ago, Allaboutwaiting said:

USCIS Chicago lockbox -were the AOS was sent- and your USCIS local office -where the interview would take place-.

Thank you so very much.  I appreciate it.

13 minutes ago, Allaboutwaiting said:

You can withdraw the affidavit of support with a written statement sent by mail. Once sent, it cannot be revoked.

Please, can you tell me where the statement should be mailed?  I am not thinking properly right now.  Thank you for your help.

 Hi guys.  Was just wondering, how can someone withdraw before getting green card?  I am the petitioner & sole sponsor.  He has an appt for biometrics next week & will probably be issued his working permit shortly after that, but it will be a while before we get an appointment for AOS/green card.  Thanks.  Unfortunately, things didn't work out.

18 hours ago, Galina&Abdo said:

Hi everyone, my names is Galina and I have few questions about the red flags ! I met my husband last September online ! I visited him April and we got married May 17, 2019. So we got married on the first visit ! My divorce was finalized April 25, I’m older than my husband 11years ( he is 36 and I’m 47). He is Muslim I’m a Christian. I’m originally from Bulgaria but I live in USA almost 18 years ! I’m a nurse obviously I have degree , soo all this it’s seems to be red flags ! I’m very concerned about that ! We just got all our documents needed for I-130 ., and I hire a law company  for that ! I did ask the paralegal what will happen if we are not approved but I didn’t ask about the red flags and how we can overcome the issues ! So I’m very frustrated because I was married for a man with the same background as mine and the same religion and nationality and it end up in divorce and now when I found the person that I love and care about ,they will tell me “oh all your marriage is RED FLAG because is not in the norms “ ! I mean norms in terms of what it’s supposed to be a norm for falling in love and when you should get married! Absurd!!! How someone will tell me when I should get marry and if I’m really in love ! It’s frustrating! I’m asking if anyone have the same experience as mine and how was it ? 

Thanks and apologies for the long post ! 

Hi.  Morocco is difficult, however there are things you can do to prepare for the big day, interview.  Your age difference is not so bad, although not having the same faith or belief might be a problem.  A suggestion is to make certain both of your family have given you their blessings.  Have pictures of family & friends, chat logs, everything that proves you are a genuine couple who loves each other.  Also, it's always good to have a couple of letters from family or friends who approve of your relationship.  I wish you the best & a speedy process.

2 hours ago, US&TN said:

In Tunisia its different the schedule our interviews 

Okay.  I. Didn't know that.  I wish you a speedy process.