Joanna&Bobby

Thank you for all your replies!

Question for all you experienced VJ users. I haven't been on here for years... I came here on a K fiance visa. That was in 2008, I received my 2 year green card sometime in October 2008. So this year will be 5 years (yes I removed conditions about 3 years ago, can't exactly remember, but I removed them and I have a 10 year green card).

The question is: since it has been 5 years, am I applying on a basis of a marriage to a US citizen- just like I would have after 3 years of marriage, or since it has been 5 years it's on a different basis?

I am asking because it seems like if I was applying on a basis of marriage I have to send ALL of these documents again...tax transcripts and all that (I always hated gathering all that evidence over and over again...). We have been married almost 6 years now and have 3 beautiful babies so the marriage still stands strong :-) I would love to be able to avoid all of that supporting documentation...

Please advise!

I came to the US in 2008 on a K1. We got married on day 87... My parents were NOT there with me... And you know what? It doesn't matter because to be honest... A wedding is really not that big of a deal. There are other situations in life you will need your father more... Think about it. When you have children for example? Maybe now is the time to think about- how do I get my father to be able to come and visit in the future?

Good luck to you!

i heard that interviews are rare, is that true?

It all depends on an individual situation... Nobody can tell you whether you will have an interview or not. I didn't- neither for the AOS nor ROC... Altough we both were questioned at the Dublin embassy before I got my K1 visa- so they got a chance to interview us at the very beginning...

I received my card today!

You will not receive any letters after your biometrics. Just wait patiently. Next time you hear from them it will be either an APPROVAL, RFE or INTERVIEW letter. Since you filed in the end of December you still have good couple of weeks before you hear anything.

I just got approved today. When it comes to utility bills I sent 4 copies- one from November 2008, April 2009, August 2009 and December 2010- to show the same names on the utility bills trhoughout the 2 years.

I just got this email:

"On March 7, 2011, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you."

YAHOOOOOOOOOOOOOOOO!

Another approval for CSC!

I just noticed my Biometrics date is not entered... I don't know how to do that. It was 01/24/11 (JOANNA&BOBBY)

Same here! No updates since Jan 3! Bios were on Jan 24.

I read somwhere on VJ that they only look to fine the sponsor if he/she is knowingly hiding the address, if the immigrant became a "public charge"(being paid benefits from the taxpayers money-like food stamps etc.). I think they are obligated to tell you this, but I doubt that they will follow through.

I would send the sponsor address change form ASAP.Just to fulfill the requirement.

I filed the I-865 months later and never heard a peep. Go ahead and send it.

Same here. I didn't realize that the sponsor needed to notify of the address chagnge. The sponsor sent the form a week after I sent the I751. Never heard from them...

This is actually not correct. The foreign spouse is required to file to remove conditions on his/her residency during a 90 day window of time prior to the expiry date of the 2 year card. If they are still married, then the petition is a joint petition by both husband and wife and includes documentary evidence that shows how they have mingled together their financial, social and personal lives. If the evidence is satisfactory, the 10 year card is often issued without an interview.

If the couple is divorced, then the foreign ex-spouse files the petition to remove conditions on his or her own, filling out a waiver option on the form to file individually due to a divorce (or death, or one of the other waiver options for filing individually,as the case may be). The person still needs to provide evidence that the marriage was entered into in good faith, and that the marriage just did not survive, for whatever reasons. Sometimes those reasons can have an impact on the application (abuse,etc.). If the documentary evidence is compelling, again the 10 year green card can be issued without an interview. If there is less compelling evidence, or if there is a suspicion that the marriage was not a real one, then the applicant will likely be called in for an interview and the decision will be based on a number of factors, include the results of that interview. If the petitioner convinces the interviewer that the marriage was entered into in good faith, regardless of the outcome of the marriage, he/she will be issued a 10 year green card. If they fail to convince the interviewer that the marriage is valid, then the application will be denied, any residency status terminated or revoked, and the foreign spouse will be told to leave the US.

If the US spouse has evidence that his/her foreign spouse committed fraud - and the breakdown of a marriage is not considered fraud because even valid marriages falter and fail - then he/she needs to submit it to USCIS, making sure that it is factual and accurate, and not resorting to histrionics or emotional complaints about being used for a green card.

To answer the original question directly, there is nothing the US spouse can do to cancel his wife's green card. If he can provide sufficient evidence to convince USCIS that she entered the marriage solely to get a green card then USCIS can take whatever action they deem appropriate - revoking her permanent residence status, or denying her removal of conditions when she applies. That is basically all he can do - report her to ICE/USCIS and provide them with appropriate evidence to back up his claim. (That is also easier said than done). If he does not have any such irrefutable or compelling evidence, it is probably in his best interest to 'cut his losses' and not try to seek any retributive action against her. USCIS is unlikely to act on unsupported accusations, especially when it is from one hurt spouse accusing another. He should just get a divorce and try to move on with his life.

Well put Kathryn. I also sugessted him moving on and "cutting losses".

Same here. No updates or "touches". Nothing to worry about.

These approvals are great news! One more step in completing your visa journey! Congratulations guys!

I could only suggest your friend to try to move on with his life and not be spiteful to his "wife"... Chances are he has no proof that she "used him".

Sounds pretty incredible! I am impressed they are giving you a refund!

Just wanted to add to my last reply. My new license expires exactlty a year from the expiration date on my green card- becaus the NOA letter says "your status has been extended for a year"... This is what DMV goes by. I live in NEVADA. This was actually the second time I had to g oto the DMV in 2 months... I had 30 days since moving to NEVADA to switch my PA license to a NV license. This was in November. My GC expiration date was JAN 21 2011. They issued a license with a Jan 21 2011 expiration date, and told me to come back when I receive the NOA letter from USCIS. Then they will issue a 1 year license. This is exactly what they do... A little pain in the butt for an imigrant to have to go to the DMV as many times as I have already been there, plus the $22 they charged me twice in the last 2 months... But oh well... You can't change what you can't change.

A little bit off topic, but just wondering..

Shouldn't they give you a 2 year driver license with the 2 year GC instead in that case? I mean, not that I have received a 2 year license, mine is valid until my birthday in 2016 (received the license in 2008 or 2009 (not sure exactly lol)), so I have a few more years lol but just wondering why they did give a 1 year license in this case but no 2 year license with a 2 year card...

It all varies by state...That is what they told me.

I was just at the DMV last night.

Your husband has to bring the green card and the NOA1- extenstion letter. You are good to go!

They only issued me a license for 1 year- then I can come back to the DMV with the 10 y green card to get another.

We also just moved from another state...

Good Luck!

When did you send the second I-751?

Our case hasn't been touched for 6 months, once they did, we had "touches" every day for a couple of days, and within a couple of weeks after the first touch we had the visa... 3 Weeks after gettign the visa I was on my way flying Delta to NY. Don't worry. The k1 process is painful, but exciting!

We went through K1 visa process in 2007. My then fiance tried to come every 4 months...That was hard. On the last visit- we went to the interview together at the Dublin Embassy and celebrated the Visa. That is when we conceived our beautiful son (who just turned 2 in November!).

my thoughts to you are- hang in there, enjoy your friends and family because- chances are that when you are here (USA) already- you will miss them all!!!!!!!!!!!

Please email me if you want to "talk". I have been there and wish I enjoyed my friends more back then...

Just received my biometrics appointment notice! Notice date: 12/27/10, appointment date 1/24/11!!!!!!!!

I just got my NOA1 dated 12/20/2010. Hopefully the biometric letter follows this one soon...