Mobius2

~~Moved to Effects of Major Family Changes, from ROC- as this is not the typical divorce waiver thread.~~
 
Mod hat off
It sounds like your husband did not pull the divorce petition and lied to you and to the Officer at your AOS interview. It is very important you seek a very good immigration attorney. 

I'd apply on 5 year mark after DUI incident to be sure. I'd also speak to an immigration lawyer. If this is a deportable offence, you may be better off not applying at all.

In a nutshell:
1. I-751 needs to be filed within 90 days of GC expiration. Not earlier, not later.
2. You need to submit a lot of evidence of bonafide marriage to ensure you don't get RFE.
3. You send the packet with forms and evidence, wait for biometrics appointment (can be waived by USCIS).
4. You will receive I-797 aka extension letter which would extend validity of expired GC by 48 months. It can be used together with expired GC to travel or prove status
5. You then wait a long while to get any update. It could be RFE, interview (can be waived), or decision on I-751.
 
Also, if your husband's social security card says "Valid for work only with DHS authorization" - go to SSA office any time now, file SS-5 and get unrestricted SS card. This can be used with driver's license or state ID instead of GC for I-9 verification at work. Forget about showing GC to employers, it has major drawbacks.
 
I hope this helps and good luck!

Since your divorce took place out of the US, I am unsure if the court is involved and how much to keep track of CS. If you can obtain a receipt, often called a Child Support Arears Affidavit, it would be great. If not, then print all of your receipts of payments sent thru WISE and your bank statements and take them along to the interview. Often they don't get a chance to look at uploaded docs ahead of time.
 
It sucks that ex-spouses become extra difficult after divorce esp when children are involved but that is human nature...

Another denial.
 
I’m done. 
 
I haven’t the mental or physical strength to continue with this journey. 

Late to this thread but unfortunately this is going to be the Achille's heel of your immigration journey.
 
USCIS operates with an assumption that every marriage-based case is a fraud and it's the petitioner's job to prove them wrong. This just gave them all the ammunition needed to verify their assumption.
 
All I can say is good luck but I also feel for USC. As you have already heard many times, it was not a good thing to do (morally and immigration-wise) but then again there are no saints. Life is strange.
 

Not the smartest thing to do.
Though understandable, it's also not the smartest thing by USC. You can file a police report about your IDs.
 
 
Annulment is unlikely. If USC says it was fraud, then they participated in it by filing and signing AOS forms. Most likely it's going to be a divorce.
 
You have just one viable option: divorce and remove conditions on your own, with help of a lawyer perhaps.
 
Your immigration journey just became more challenging. As much as I sympathize with USC (nobody deserves to be cheated upon), they don't have the right to your IDs and they don't get to decide whether you stay in the US or not.
 
Notice me leaving out the money part. AFAIK the money in joint account is joint and can be spent by any of you without any penalty.
 
I guess it's also time to start contributing money into your own account and move out.
 
 
 
 

Yes, you should always be prepared to answer ANY immigration-related questions from your first day in the US to the end of your marriage to your appointment date. The type and intensity of questions depend on 1. Complexity of the case, 2. Personality of IO.

Yes, you should always be prepared to answer ANY immigration-related questions from your first day in the US to the end of your marriage to your appointment date. The type and intensity of questions depend on 1. Complexity of the case, 2. Personality of IO.

Assuming he has a GC and not Citizenship, you could write up a detailed letter to USCIS about how he "used" you. If what you say is true, it will catch up to him to some degree during citizenship.
 
The evidence would need to be on point, void of hurt emotions, and need to contain material facts that violate laws which could point out how the marriage on his part was purely a means to an end. And don't lie about things as that is a punishable offense.
 
If you can't do so, "lick your wounds" and move on. It's a crazy time we live in, where not just in marriage but in many other aspects of life morality is non-existent.

I can confidently say that I have a great deal of knowledge in this area. I'll put your timeline below and explain where, unfortunately, you went wrong. Everything is fine until the RED lines.
 
Assuming the dates are correct and your ROC was approved on a Joint basis.
 
Married = 2017
Conditional GC = Nov 2018
Joint ROC applied = Sept 2020
Ex applied for Divorce = Nov 2021
Divorce Finalized = March 2022    <-- At this point, the applicant should have converted into a waiver (informed USCIS). It's the applicant's duty to inform USCIS.
Joint ROC approved = June 2022  <-- This is a misrepresentation, meaning it's approved in error due to a lack of information. It's not USCIS's fault.
 
 
You have two options here:
1) Risky: Reapply a divorce based I-751 and explain how you were misled by a lawyer (if any - with proof). They may or may not entertain it and either grant your request or issue a NOIR. You *might* be able to fight this in an immigration/deportation hearing. Suffice to say, doing any of this without a lawyer is going to be a very bad idea.
 
2) Safe: I am the last person to give another member such discouraging news but don't apply for Citizenship. Instead, renew your GC.
 
It is unfortunate that this tricky time and situation needs to be evaluated and guidance CLEARLY issued by USCIS but like everything else they are always 50 years behind.

You have seen misinformation lol.
 
Divorce final before joint i-751 approval (without an interview, without RFE) = BAD move
Divorce final after joint i-751 approval (without an interview, without RFE) = Bring a lawyer. See conditions.
 
Conditions:
Your IO's personality. Your lawyer's confidence and ability to guide you through that interview. Your own confidence, case, and the past marriage's merits.   
Regardless, people in this situation need to consult lawyers.

Just to update: she passed the test, and took her Oath just about an hour later! 😄

You have seen misinformation lol.
 
Divorce final before joint i-751 approval (without an interview, without RFE) = BAD move
Divorce final after joint i-751 approval (without an interview, without RFE) = Bring a lawyer. See conditions.
 
Conditions:
Your IO's personality. Your lawyer's confidence and ability to guide you through that interview. Your own confidence, case, and the past marriage's merits.   
Regardless, people in this situation need to consult lawyers.

In the end, my aim is to help a person in a similar situation that is suffering the same way I did. I could have quit these forums and never looked back since I got what I wanted but I know the misery I went through, the uncertainty of life, dependents, was real and beyond the comprehension of these jokers who wouldn't waste a breath misleading people. 
 
I don't expect much from the mods either, since post counts trump actual, verified, proper information here. 
 
 

Because it's a complicated case yet approvable with no room for mistake. However, given you don't trust our legal/ justice system (law degrees, bar exams, endorsements, approval process), I can see why you think so.

You are right. ..and your experience of great value to OP. 

I have been in your situation and am now a Citizen. 
 
The important thing here to consider is that your divorce needs to happen quickly, however, given there is a child involved this may not be the case.
 
But the more important thing is that your I-751 (Joint) approval must not happen after your divorce is finalized (that would be improper approval).
            * Once your divorce is finalized or you know it's VERY near then go ahead and inform USCIS to amend your I751 to Divorce waiver.
 
If I-751 (joint) gets approved without RFE, without an interview before your divorce gets finalized, then you are fine for N400.
 
 
 
 

He's a lawyer, and sacring people into contacting him for hire is part of the program.

Because it's a complicated case yet approvable with no room for mistake. However, given you don't trust our legal/ justice system (law degrees, bar exams, endorsements, approval process), I can see why you think so.

@justmarriedusciti (OP)
 
It's very important to share the correct timeline as thats the deciding factor for N400.
 
If I am reading it right, your spouse filed for divorce and it's now finalized. 
 
Did you get your 10-year GC before the divorce was finalized or after? 
 

Because it's a complicated case yet approvable with no room for mistake. However, given you don't trust our legal/ justice system (law degrees, bar exams, endorsements, approval process), I can see why you think so.

Unfortunately, your later comments included your misinformed opinion as well.

Because the other path can lead to a deportation court (yes still approvable but more messy, expensive, time-consuming, and worrisome). While this path also has a clean path. Just differs from your opinon.
 
Funny, you say lucky. Pretty much trashing the hard-earned law degrees, the officers who do this every day. 

Unfortunately, your later comments included your misinformed opinion as well.