African Zealot

The more important thing is getting in with your permanent residency intact however partly because of Covid and traveling restrictions they’ve been very lenient. With you just having a baby (and you could argue you couldn’t return because you were pregnant etc and didn’t want to vaccinate) I expect them to be very lenient and overlooking your relatively lengthy stay abroad without a returning resident visa.

Nobody needs your sympathy. I fully support any immigrant who has gone through the trouble of applying for and obtaining a marriage visa following through and coming to America even if the American spouse changes their mind about coming. Immigrants are not sacks of potatoes to be cast aside according to the whims and flakiness of the American spouse. Quitting one’s job, preparing to migrate, notifying one’s friends and family etc and then being told don’t come is not trivial.

Is this the gentleman we previously advised? Welcome! Pulling a gun on you? That’s crazy crazy crazy!

I don’t see it the way you do. How does the consular know you have a strong desire for Canadian residence? You’re not going to get any meaningful answer because your situation is unusual and cannot be mapped to another to make any meaningful conclusion. Just apply and let the chips fall where they will.

What is hard to believe? That is how it is done by most countries. Nothing unbelievable about it.

Your petition has been denied and being returned for revocation. What makes you think that a second interview will be just passport submission? Things don’t work that way. If you’re going to get that approval, it’s going to be the hard way. The hard way, the only way.

I am not as optimistic about his chances at retaining the green card as most people seem to think. I found the reasons given for being out of the country this long a bit weak, he filed nonresident taxes which is an almost cardinal error, and after the SB-1 denial has waited another year plus to make a move. Right now he’s been away 3 years plus. Ironically I am convinced if he had just tried to return without filing the SB-1 he would have entered with few problems. I’ve never been a fan of the SB-1 when one has an unexpired 10 year green card. Always prefer taking chances with an immigration judge and fight one’s immigration case from within the USA 🇺🇸. I guess we will find out how it goes. Good luck!

Why can't he come for a short holiday to obtain his green card and then return to continue his education? You can file to maintain his green card while away from the USA for two years, and then file again for another two year period. Alternatively you can do what @Family is suggesting.

You have a difficult case ahead of you which is problematic on at least two levels. I wish you good luck, you will need it.

Nobody should be bullied or coerced to sell their home they acquired before marriage.

I just had to say I find it laughable that people think a government official mistakenly shredding a green card is a criminal issue. No DA is going to prosecute that. Let’s get serious guys. OP you’ve received good advice from others, good luck!

This is my reasoning: Since we do not know what tomorrow entails, go ahead with the removal of conditions. Then keep filing for reentry permits ($660) until they no longer allow you to. I understand you can do that maximum twice so that will give you a total of four years away. That is enough time to know whether you are going to return to the terminally declining 😆 USA or make Korea or other country your permanent home. Good luck!

It’s your responsibility to notify USCIS immediately your marital situation changed. Reach out to USCIS asap and notify them the 751 should have been filed with a divorce waiver and have them rescind it and review the application under the correct category. We had a case just last week or two weeks ago where the persons citizenship application was denied for the same reason and they’re in a world of confusion/hurt.

The truth is that the authorities hardly ever come after the American citizen for fraud so it is never a deterrent to an American ex committed on destroying you. In any case people cut their noses to spite their faces all the time. It is pretty standard human behavior. In any case proving a marriage was entered into based on fraud to get it annulled is a very high bar to overcome, don't be overly concerned about it. Even if he was a very wealthy man with significant money to throw at it, you shouldn't be quaking in your boots much less for the average person for whom billable hours and hiring private detectives etc will be financially crippling. Get the legal aid you can, but don't let this get you down.

It takes so long it’s almost a waste of time. Third World War might be over before they’re eligible.

Paging the mods to possibly delete all the erroneous information/advice. Hopefully the OP comes back to read @SusieQQQ correct answer

There are no technicalities involved her. Keep it simple and what is on paper. Technically I am the pope, I am just waiting to finalize it. 😆 The lawyer not only needs to refund your money, she needs to rewrite the board exam and sign on to VJ as an unpaid intern for one year before giving advice on immigration. That 30/60 day rule by Department of State in any case has been replaced by a stricter 90 day rule. In any case USCIS are not bound by DOS rules and they state that explicitly although they indicate it is an analytic tool. Additionally, she also actively asked you commit fraud. You've received excellent advice here, good luck.

Mods may as well close the thread 😂. I am loving VJ!

How much does expediting cut down the total time for the process? Don’t get your hopes up even if you’re approved. Fortunately Dominican Republic is very nearby.

If there is no misrepresentation or fraud on her part, then she should as directed refile removal of conditions with a divorce waiver and then after that file for citizenship. If however, she knows she committed some willful misrepresentation along the line, the advice would be to keep renewing her green card and never attempt citizenship. Personally, from all the convoluted stuff you posted, my take is that she ignorantly did not file the removal of conditions under the right category and thus although it was granted, it should not have been. With the ignorance defense, the misrepresentation would not be wilful and thus she will not be barred from citizenship after everything is corrected. Ultimately, I would recommend a competent immigration attorney for this because for someone who has botched her simple filings in the past, DIY on this more complicated scenario is not recommended. Good luck!

To the OP when everyone is telling you that you’re mistaken (particularly on a forum of people with experience), no matter how much you believe you’re right step back and look at everything afresh and consider what they’re saying. You might find out you were actually in the wrong. Good luck.

I still have all my immigration related documents from my F1 days through citizenship in a box in my study, though I’ve been a citizen for many years. I think it’s more sentimental than anything.

I also believe in grilling applicants the way consular officers will so they can cover all the bases and not get caught. I just thought some of the questions a bit much particularly since OP is not a newbie, having gone through the immigration process for a previous spouse and well aware she has a very significant age gap with her husband, that's all. No biggie.

Has this become a marriage inquisition/counseling forum or it remains an immigration forum? I fail to see the point of some of the personal intrusive questions being asked, but that is just me. With that said, like everyone else I believe OP is in for a tough long-term slog to get her fiancée here.

There’s no special advice. She should prepare just like any other applicant making sure she has all employment documents etc ready in case they ask. Good luck to her!