Pacific Diana

Sent our application yesterday and it should be in CSC by Monday. 
 

12 minutes ago, Damara said:

All good points. However people successfully ROC that live apart. It can be because of school, work or family situations. You cant really assume because someone cares about work or school or an ill family member and are spending time 'there' that they dont have a real marriage because if they did (have a real marriage) the spouse comes first so they wouldnt be doing whatever it is they are doing.

 

The main issue here is being in the country for 94 days out of 2 years. She has to convince them she didnt abandon her residency. If she has the 'traditional' bonafide evidence items the question of is it bonafide shouldnt come up. 

Thank you Damara, that's true.

2 hours ago, mindthegap said:

1) file jointly now. Start divorce once filed, then switch to a divorce waiver once you have final decree. This would be the easiest option. 

Can you help me please to find out how to switch it with no mistakes?

Is there any form for a switching to a waiver?

1 hour ago, mindthegap said:

1) file jointly now. Start divorce once filed, then switch to a divorce waiver once you have final decree. This would be the easiest option. 

 

2) file for divorce now, file solo with a divorce waiver as late as possible before expiry of the card - if they were issue an RFE straight away this may work, as it has to be processed, issued, and you get approx three month response time.

 

3) file for divorce now, don’t sent I-751 with waiver and decree until finalized, regardless of whether this is after card expiry. 

For a divorce waiver you can file at any time - including after card expiry - between gaining permanent residence and a final order of removal by an immigration judge, and you remain in status and a LPR once you have. It clearly states this in the instructions. 

 

4) file jointly, inform them you are divorced but keep it as a joint filing even though divorced. Spouse would have to attend any interview with you though, so it relies on relations remaining civil (difficult!). 

 

 

Yes. Card remains valid by itself until end of the expiry date. 

Thank you. This is very helpful , appreciate it!

Hello everyone!

Help me please with advice.

My 2-years GC will expire 21th September and now its time to apply for i751. But husband want to start divorce now. 

Divorce in CA usually takes 6 month. So the USCIS can start removing process on me.

Whats your advice? Apply jointly for i751 and start divorcing process little bit later, and after divorce will finish send them certificate? 

Or take a chance and apply like a waiver, send the letter explaining that divorcing process just started and in 6 month I'll send the final certificate?

Is the RFE arrives after the NOA1? Can I be outside the US after  apply for i751but before I get extension letter (while my GC is still active)?

Thanks!

8 hours ago, Going through said:

..however will give any IO certainly pause for thought given all the above.

Sorry, what is IO?)

9 hours ago, Ash.1101 said:

With that said, you need proof like joint bank accounts, joint credit cards, name on the mortgage or lease. You being the beneficiary of his life insurance, 401K and/or stock plans. Ya'll having loans together. Utility bills in your name for the home showing you pay bills for the home. Tax returns filed together as married for the last two years. Ya'll having pictures together. Things like that.

I have almost all from this list. 

Do you know are the affidavits have to be notarized?

Hello everybody! Thanks for answers!

Of course we got marred by love. But then smth unexpectable came up (mom's health) and I been all the time with her. And of course my husband found another woman by this time, nothing wrong with that. So the only thing I have to prove is that my marriage was real, and it was. 

Husband never visited me, because its over 10 000 km and he could't take a big vacation on his job. But still we loved each other and officially I was living in his house.

Yes I still would like to have a green card and live in the States. Hopefully, US will give me a chance.

Thank you, guys.

25 minutes ago, Going through said:

you can apply with a divorce waiver....approval depends on proving you entered the marriage with bonafide intent, and other variables of course.

Thank you. That's what I thought. 

Can I ask you, what are the penalties if even so they'll deny it?

4 minutes ago, Going through said:

I'm not sure if you mean you've been in the US for 94 days over the past 2 years, or outside of the US for 94 days over the past 2 years.

 

I've been in the US for only 94 days since I got a GC.

3 minutes ago, Roel said:

Imo you'll have some serious issues removing conditions. USCIS might question you regarding your residency a lot. 

 

Why would they give you a 10 year green card if you barely maintained your 2 years card? 

Because my marriage was bona-fide and I still want to live in the US. Do you think they will denied my application?

5 minutes ago, Roel said:

You have only been in the US for 94 days since you received your gc? 

Yes, but I have serious reason.

I got a 2 year GC September 2016. 

December 2016 I left US. And been coming for couple weeks during this time.

Now I am preparing my trip to US.

Total - 94 days from date the GC issued.

Hello everyone!

It's time for me to remove conditions on my permanent GC and file i-751, but my husband decided to divorce now. The marriage was bona-fide and my husband going to help me. He found another woman.

The real problem in my situation is that I been a lot of time these 2 years outside the US (coz of my mother's health). And now I'm still in my country. 

So, can I apply for a 10-years green card after we start divorcing process (my window is between June, 23 and September, 21) and what do you think about my chances to be approved after being outside of the States most of the time (I checked in US every 6 month by the rule)?

Thanks.