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TonyMichael

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  1. Sad
    TonyMichael reacted to Villanelle in Divorve while i751 pending, interview?   
    Sorry for the delayed reply. Ive been thinking about this a bit. The attny you are using or considering using is a bit sketchy. Some attnys are like that, they like to play on the edge. That can be a very dangerous game. The most important thing to understand is YOU are responsible for everything in your package and on the forms- not the attny. If you get bad advice or do something incorrectly it will fall on you not the attny. USCIS will not accept the excuse that the attny did it. 
     
    Now a skilled attny can carefully walk the line of whats allowed vs whats misrep but its a fine line and you would be putting a lot of faith into them that they are on the right side of things. So reading all you posted- it seems your attny is suggesting the strategy of submitting bare bones evidence that doesnt draw attention to any issues and then will wait to see what USCIS requests additionally. At that point they will address the issues brought up by USCIS if they need to. You know how I said USCIS doesnt connect the dots? Your attny is basically suggesting sending them random 'dots' and then waiting for USCIS to specifically request which dots they want connected rather then laying everything out there for them at the start. This is going to cost you more in legal fees overall (unless they are charging you a flat rate- but even a flat rate I would think would be higher then normal due to them knowing there will be additional work needed to respond to the RFEs). You also have to be very care to not misrep. There are often discussions on VJ about whats referred to as 'omissions' and whether omissions are misrep or not. Sometimes they are, sometimes they arent. 
     
    I think the best metaphor for this would be if a person was arrested for a crime. Defense attnys will always tell you to not speak to the cops. To say nothing or very little so it cant be held against you. Your attny is kind of going at it as if you are 'guilty' so they are holding back initially and then will address things when USCIS brings it up. Personally I am not comfortable with that strategy but it can be a valid strategy if done correctly. 
     
     
    Again bonafide marriage does not mean happy marriage. If you had problems (which you did) I dont see any point in trying to hide the fact you had problems. If you did nothing wrong then why not lay it all out at the beginning? But I believe in 100% upfront honesty- thats just me though. I agree overall with mindthegap though that you should speak to other attnys and get their opinions. Nothing you listed out in your timelines is a reason for denial in itself. If anything it shows you repeatedly tried to make the marriage work. 
     
    Please speak to other attnys and let us know how it goes. 
     
     
     
  2. Like
    TonyMichael got a reaction from Crazy Cat in I751 approval Rate   
    Is that true that more than 50% of I751 (removal of condition from conditional green card obtained through marriage with a US citizen) are denied?
     
    https://mypathtocitizenship.com/uscis-study-67-of-i-751-interview-cases-are-denied-why-is-this-so-high/
     
    When you look at this page it says 67% of i751 applications are denied. Is this even true?
    Is the denial rate really that high?? 
     
    I am about to apply for i751 with my lawyer, and I am extremely frightened after reading this. 
    And my husband and I dont have a joint bank account because of the big difference in our spending habits. Now I am scared that they will automatically send me an RFE or deny my case because they believe married couples are expected to combine their finances. 
  3. Confused
    TonyMichael got a reaction from Lemonslice in Will USCIS Officer Ever Visit Your Place Unannounced?   
    What would happen if the marriage was entered into in good faith from the beneficiary's side, but not from the US spouse's side?
    Normally, I think it is backwards where the international one marries a US citizen for the purpose of immigration benefits, OR where they both don't love each other, but the US spouse helps the international one for money or some kind.
     
    What if, the international side believed the marriage was real and entered into in good faith, but the spouse did that only to help their international partner out? and the international side had no idea about that at the time of marriage, and the US spouse told the truth later?
     
     
     
  4. Like
    TonyMichael reacted to mushroomspore in Will USCIS Officer Ever Visit Your Place Unannounced?   
    To be honest, I would forget about all this immigration stuff and just try to go work on your marriage. There is not much left to wonder about, considering you have permanent resident status.
  5. Like
    TonyMichael reacted to Going through in Will USCIS Officer Ever Visit Your Place Unannounced?   
    Even with the spouse being a sponsor, having a joint sponsor, etc.....none of that matters when it comes to support settlements ordered (or NOT ordered) by a divorce court.
    In other words, the i-864 has nothing to do with divorce matters---it only has to do with immigration matters.
  6. Like
    TonyMichael reacted to Going through in Will USCIS Officer Ever Visit Your Place Unannounced?   
    Divorce doesn't end the obligations of the i-864, no.
    The i-864 is a contract between the US government and the USC spouse, however, and not between your husband and you/US goverment and you--- so wouldn't affect your immigration process/divorce proceedings in any way.  Them actually enforcing the i-864 and suing your husband/ex-husband should you later become a public charge---while not entirely impossible, is probably not on their priority list.
  7. Like
    TonyMichael reacted to mushroomspore in Will USCIS Officer Ever Visit Your Place Unannounced?   
    Yes the petitioner can use the immigrant's income on the 864. On a technical level, this is not the same as "an immigrant sponsoring him/herself" (there is no such thing). Even if the immigrant's income is used, the USC is the petitioner and the 864 is 100% done by them. When the USC submits the 864, it is them saying to the US government, "I am a USC who wishes to bring a non-USC loved one. Here is our financial situation. I will be financially responsible if my loved one becomes a public charge, even after divorce and/or until the immigrant fulfills the other requirements."
  8. Like
    TonyMichael reacted to mushroomspore in Will USCIS Officer Ever Visit Your Place Unannounced?   
    Just want to also add: legally speaking, "being on bad terms" is not grounds for revoking permanent resident status. As in, it literally does not say that ANYWHERE in USCIS' policy manuals or in the immigration law codes. You will not find a single case in which a person's status was revoked because they had a rough patch with their spouse. RoC is allowed with a divorce waiver too for crying out loud.
  9. Like
    TonyMichael got a reaction from Cryssiekins in Will USCIS Officer Ever Visit Your Place Unannounced?   
    This makes me feel slightly better. 
    Actually I work day shift and my spouse works the night shift, so just like you, he comes home when I am about to leave to work. When I come home from work, he is asleep. 
    We don't really get to spend awake time together as much as other couples where they both work the same shift.
     
  10. Like
    TonyMichael got a reaction from Kiolas in Will USCIS Officer Ever Visit Your Place Unannounced?   
    But I heard that you have to remain married in good condition and apply for removal of condition with your spouse. Also you need to attend an interview with your spouse to do that. 
    I feel like being on bad terms will look bad at the interview even if we get to that point..
     
    At the AOS interview, my USCIS interview officer told me that there will be an interview to remove the condition, 100% under the current law.
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