Mobius1

For immigration, almost nothing is off limits, esp. when there have been stories of them even asking for intimate details of couples in interviews and that also should not be an issue (minus the uncomfortable part - deal with it). If really shady people can get their ROC approved, then you, a real case shouldn't be worried. Its best to keep all the records from the past in a folder or at least have them scanned. You never know when you will need them again.

Like so many people pointed out, you are fine really. I remember last time some folks took it personal and got upset when I said it’s usually what a disgruntled USC does, as did my ex but failed. USCIS sees this abuse of power way too often which is why they have protections for new immigrants. Just to be on the safe side, don’t start dating or get married so soon. Don’t give them any reasons to think what he said has value.

n400 filing crosscheck and later on RFE/ questioning by USCIS. Its clear that you type before reading. Anyways I am done trying to assist. Bye

Then don’t, which is what I told you in the first post. You are looking for something unknown and unique to your situation that may come up later requiring them. No one can truly tell you for what you may need it besides n400 filing crosscheck and later on RFE/ questioning by USCIS.

What gets me is why you want to get rid of this stack so bad. I realize everyone associates bad memories to these documents when dealing with USCIS, however, it’s really not that big of a deal to store it somewhere until your citizenship is COMPLETE. But you do what you must.

If you are able to get your hands on a rapid / stack scanner, it would be a good idea to keep electronic images just in case. Takes about 1-3 hours of work. I did it for my files. You never know when you need something from the past be it for immigration or something else. I am not 100% sure but all this might be in your USCIS foia/ alien file as well.

Jim Hacking, a renowned immigration lawyer that is very visible in YouTube among immigration listeners. For USCIS to waive an interview they check three things: The joint-filing requirement is eligible for a waiver There is no indication of fraud or misrepresentation in supporting documents There are no complex facts or issues to resolve, and there is no criminal history that would render the CPR removable. Other than that, it also depends on field offices. Some love interviews while others not so much.

That's the logical explanation yes but USCIS puts that person in the bin where they will always be under suspicion of returning with immigrant intent in the guise of tourist visa "If grass wasn't greener on the other side".

You never know how things may change which would prompt you to go back to the US (Job offer, new spouse, business, etc). Like Timona said, get your citizenship done, go home in the middle but don't violate the residency requirements of citizenship nor GC. File for ROC divorce wavier if your divorce is completed or near completion. Hire a lawyer for this. I am not an expert but I would say its very minimal chance that you will get a tourism visa again since in the eyes of USCIS "You have already shown an immigrant intent."

Hacking mentioned that several of his clients with divorce waivers got their i-751 interviews waived due to overwhelming evidence. So yes it is possible provided there is not a shadow of doubt in marriage (again evidence).

The delay is intentional. Your letters at best will be enjoyed by the fireplace with warm cup of coffee. Save yourself the hassle, if your wait is like 3 years, get a lawyer to file Mandamus.

While I could negate what you say, I don't feel its worth it to argue.

I didnt judge, I gave my own account of experience and a reality check which USCIS practices. Perhaps you should listen to both sides (if a situation allows) before forming a biased opinion. How do you know this account of abandonment is 100% legit? Speak of being judgmental....

Well there are atleast two sides to every story. Either ways instead of passing any judgement, I have laid out to him possible steps to let the actual judge decide the outcome.

I have heard this way too many times, a USC flexing muscles over an immigrant they initially brought here (my first hand experience), if the immigrant doesn't follow their orders. So has USCIS, which is why they have put protections in place for those innocent immigrants as well as punishments for abusive ones. Let them figure it out but if you feel strongly about it, you can write to them explaining how she used you. Rest assured she will be grilled and decision awarded properly if found guilty with lack of marital evidence.

Thanks for your concerns and suggestions. Proving a marriage isn't really a problem when you have a history of 4 years of financial and physical co-mingling, pictures, her family's affidavits. The list is really very long. I know a lot of folks here disagree with the idea of a child but its my first hand experience IO being done in 2 mins of interview on AoS and them waiving i751 interview. That's their satisfaction of genuine marriage right there. No one gets married to waste 4 years of their life and deal with a co-parent/ child support (for life) for a fraud marriage esp when you were here legally and had a path to GC thru employment. I actually have answers for every single question you have down to the bone marrow but I don't feel like detailing my life here. However, IO will hear all of it, if required. At the end, weather you get a benefit or not, your life also doesn't just stop even back home. I am content with the lawyers and will obviously prepare.

I am unsure if the online address change feature is very new but I changed my address two times and by law you have to inform of change within 10 days. After making the address change online, I got a confirmation email too which covers your butt in case they still screw up and yes even there they have screwed up a person. Sorry that you, me, others have to suffer through the incompetence of an agency that has the right to decide our future in this country. However, there are some true gems in there. My IO was super smart and educated on law, to the point instead of wasting mutual time.

Thanks @Chocobo I did consult two lawyers with different opinions but relatively same conclusion. One of them was Amany (Jim Hacking’s wife) while other one a pretty well reviewed lawyer. Amany has had such a case before where the client got divorce finalized one or two days after the joint Petition was approved while mine was approved 97 days before decree. She sent the decree 3 times after the approval and all the times it was denied as the client was already approved. The client also was able to get her citizenship. Either ways she doesn’t believe in sending a second i751 solo, nor thinks this is going to be a huge problem. It’s messed up indeed but at best will attract scrutiny about marriage. Second lawyer was completely okay with this case and was 100% confident that this is not an issue. Was laughing all the way about how much I was worried. So I am staying positive on this.

You are thinking of a situation that almost never happens. Child is a very strong supporting evidence on top of other things such as property, pictures, affidavits, physical and financial co-mingling. Things that you normally send out. No one is suggesting that its the only evidence a person needs to abuse the system and get away with it.

Hence the "Circus"

A college graduate could be given a task to read up the laws and situations and come up with solution articles for review and approval but obviously it’s a very difficult task for USCIS. And kept difficult to screw people over

Thanks for your input. I have yet to see a law in writing that says we are supposed to inform them of divorce filing or separation even. Like how there is one for address change. Even if they feel it was a material fact not informed, outcome wouldn’t have changed. If I do plan to do n400, u bet that lawyer who is so confident even now will be in the seat next to mine. This is uscis we talking about, they just need any way to screw with people while raking their cash in.

That's definitely not the intent. No one should have a child just to prove something. But a child is among the heaviest of evidences uscis considers. I am saying this based on the first hand experience in the interview. A pretty senior and not to happy/ friendly looking IO took our interview. As soon as we presented the birth cert as first evidence, it was like he stepped into happy land. Said that's all he needs as well as "(lets assume) Even if the marriage was fake at some point, the fact that there is a child made it real"

I am going to consult Amani and see what her though process is to handle this. I have no doubt she is among the best of lawyers available. Most others are there just to rake in the fees even if clients case goes to hell.

My current lawyer that filed the i751 is so sure of this not being an issue. Just spoke to her today and conveyed my concerns. She’s like, “yeah they may grill you a little as to why suddenly after approval the divorce became final. But you have a good case and evidences to overcome any fraud suspicion” If I chose to take the risk, I should take that lawyer along in the interview. Heck now an interview without a lawyer is a very bad idea