kevinj

Hi OP (original poster), I succeeded doing something very similar to your case. The key is to convince uscis that you married in good faith. (As opposed to marrying for the green card.) If you can convince them of that, then you have won and you will get a green card.

By all means submit all the evidence you've listed - it's good stuff. Make sure that the clear subject of your narrative is that "we married in good faith".

A statement from your spouse saying that he married you in good faith and supports you staying in the US, will be very helpful. (In-laws?)

A statement from the counselor that you both participated in counseling in good faith will be helpful.

If you currently have a job and are capable of supporting yourself, include evidence of employment. It's not required, but you know how concerned the US is of anyone needing government support. ("public charge".) A few words about how you love the USA and want to contribute by building a career here etc., also never hurt (explain why you still want the green card).

Finally ... You're now in an atypical (but not unique) situation. Be suspicious of amateur advice. I was given lots of bad advice on visajourney at the time- advice that would have destroyed my case. I consulted a lawyer (just a consultation; I didn't hire her to represent me) and she confirmed what I had to do. Well-spent $200. Make sure to get one who's done lots of immigration cases.

(Generally, I love visajourney.)

Finally, remember the golden rule: never lie to uscis. You don't have to expose all the dirty laundry in detail, a general statement about why your marriage is failing (and why you could not have foreseen that) is more than enough. They don't need to hear the gossip. They need to hear that you got married in good faith.

My case (this was for ROC) got approved without being called to an interview ... (while many people with perfectly fine marriages still have to do an interview). Don't assume too quickly that the uscis is out to get you. If you have a good case, you'll probably get a fair evaluation. (If for whatever reason they deny, there'll be a chance to appeal in court. But it likely won't be needed.)

http://www.visajourney.com/forums/topic/551080-immunizations-ds-3025-or-i-693/

For anyone still reading this: yes, it's possible that they lose paperwork and then issue an RFE, it happened to me. I received an RFE asking for all the documentation I'd already submitted.

I re-submitted identical information (using copies where I no longer had an original), and received my green card in the mail a few weeks later ... (Not even requiring an interview.)

Now, they will not admit or explain to you that they've lost forms. (In fact, the person issuing the RFE may not know *why* the forms are missing, he just doesn't see them. Don't assume bad intentions.) If you are unsure about your case, this is a great time to consult a lawyer just to check your paperwork. But if you're thinking "these RFE make no sense", then they may have lost it. In my case, the RFE repeated the generic language from the instructions of the form I submitted.

Before you flame uscis, remember that this agency has to manually process ungodly amounts of paper arriving in the mail all the time. It's bound to misplace something occasionally. It sucks if it happens to you and causes a delay, but don't panic and respond in a polite way.

Cheers,

Kevin

Beyond "how do we get through the interviews?", ask yourself, how will I provide for my wife once she's here? If you do K-visa, it will take ~4 months after her arrival before she gets a green card and can start looking for work. She may need more time to adjust, to become successful at applying for jobs ... Maybe you will have to survive on your income (which is currently $0) for ~ 1 year before she can make contributions. This could become very stressful, you may have to beg your parents for money, you may feel guilty for not giving her a good life, she may have a hard time adjusting her expectations to reality ...

In all visa / immigration issues, FIRST think about the people - how will this work out for us? Is this what we want? Does this match the reality of our lives? THEN think about the paperwork and how to ace it.

There's nothing wrong in general with having your parents as cosponsors (but apparently Manila doesn't like it ?) -- but don't be surprised if your parents or sister are hesitant to do you this favor. They would sign a legally binding contract that the government can take their salary away to pay for your wife's support for as long as she's in the US. My ex-wife was a student without income herself and one of her relatives agreed to be my immigration sponsor -- technically this person is still liable for me even though she and I divorced. I'm still kind of amazed that he agreed to do it.

Good luck! You two look lovely, I hope it works out.

Kevin

Your goal should not be to make her life as bad as possible, but to make your own life as good as possible.

Removal of Conditions is between her and USCIS (although your support would be very beneficial to her) -- it's not your responsibility to determine the outcome of that process. If asked, you can tell USCIS your version of the facts, but you're not required to take any initiative.

In your case, ROC is working exactly as intended: she leaves you, and that will prompt USCIS to investigate her file thoroughly before (possibly) granting a permanent green card.

If you signed to be her immigration sponsor, then you remain financially responsible for her. Even if you divorce, you still remain responsible. If she is denied ROC and has to leave the country, this responsibility would be lifted. I don't know if it is possible to lift it now by declaring your marriage fraudulent to USCIS, but there are probably threads on that subject on visajourney. (Your situation is far from unique.)

It sounds like these are all rather recent developments. I'd recommend not acting immediately (as you say, there are no real stakes in the marriage like kids or houses), since

- sometimes, time does change people's feelings

- you might be angry and want to ruin her life right now, but perhaps a more karmically benign path will appeal to you more shortly; the manner in which you part ways with her may set the emotional stage for your life for years to come;

- your claim that the marriage was fraudulent does not prove it beyond doubt; you can't prove that she never loved you.

Wishing you best luck and a gentle resolution,

Kevin

I filed in April, got the invitation letter for the interview about a week ago, interview in Seattle early November. So I think all you guys are fine.

I have a question -- the uscis website says that Seattle offers "same-day naturalization ceremonies". I took this to mean that one can do everything in 1 day -- interview in the morning, take the oath in the afternoon (if there are no problems with the interview), and go home to eat your first dinner as a citizen.

But I called the general USCIS number to ask if I should count on the oath ceremony being the same day, and the guy I talked to says it's typically ~1 month later so that you have time to invite friends and family ... (Seriously? People go watch other people's oaths? Anyway ...) Of course I'd prefer to just get everything done as quickly as possible.

Can one of you confirm when the oath takes place?

Thanks,

Kevin

Worst case: get them again. A minor waste of money but not the end of the world.

I only had the typical "vaccination cards" that the doctor gives you after you get a shot. If you have such a card but not all vaccinations are listed, just write in the ones that you remember you've had. Worked for me.

PS see one of my old threads (2008?) for information about the "militia certificate" (or something like that), which is specific to Belgium in that it is required but does not exist .

Dear VJ community,

My girlfriend and I have started planning getting married and having a family in the USA. A good career is really important to her. She is very worried that she will end up as a stay-at-home mom or tutoring Americans who want to learn Chinese. I wouldn't mind if she did either of those, but she is very clear that she doesn't want it.

Does anyone know of a good thread/forum for her to read, or people to talk to who have successfully made the move and found a good job? I'd love for her to both learn of some things she might do to prepare, and to be inspired by some success stories / relate to some people who've done it.

She is:

Chinese

24 years old

B.A. English Studies (U. of Sichuan, China)

Masters Financial Communication (U. of Lugano, Switzerland)

Fluent English (excellent speaking skills, good writing skills)

1.5y work experience in China

... and her name is Yanji .

(I don't mean to sell her resume; just giving some details so people can see if they relate to her situation . )

Thanks everyone,

& mods feel free to move (I considered posting in "finding work in USA" but am specifically interested in Chinese responses)

Kevin

Wishing everyone the best ... And take heart: many US citizens with college degrees and work experience are also having a terrible time in the job market. Hearing nothing back after 100 online applications is unfortunately standard fare these days. As wiser people have already explained, most jobs are never advertised online but are filled through a network of some kind.

Cheers,

Kevin (looking for new work soon, also - let me know if anyone on the W coast wants a physicist :-) )

Dear Boiler and Cathy, thank you for reading and for posting answers. They have helped me make sense of the options (along with some of the very nice guides on the VJ website).

As one of you suggested, I have to think now about the personal factors pro/con each option, such as how fast we are able and willing to marry, whether the months waiting idly for AOS on a K1 are a problem, and where she will be at what time (as she is currently in a 3rd country).

Cheers,

Kevin

This doesn't sound like abuse or a disorder, but like a mild example of what would pass for medical marihuana use in a growing number of states. It seems "no" would be the most appropriate answer to that question on the screenshot of the form.

If he does decide to disclose it, maybe put a "medical" spin on it rather than calling it "recreational"?

& One day the law will catch up with reality!

Hey matlm,

I'd guess they simply lost it. The service centers process unimaginable amounts of paper, and sometimes things get misplaced ...

I once got a "request for more information" that freaked me out because I'd already sent all the possible evidence ... On a lawyer's advice I simply sent a copy of all the stuff I'd sent before, assuming that they had indeed lost things (but of course they would not admit that ). A few weeks later my application was approved and I received my green card in the mail.

So, I would suggest to just have it mailed again. Again, these people go through hundreds of pages of paper a day and are expected to finish cases at a certain pace, so ... They don't give it nearly as much focus as you did when you prepared the application.

If the error is at the embassy as you say (rather than at some service center) then it may be possible to call the embassy and ask for advice?

Sorry for the frustrating experience, and Good luck!

Kevin

Hi VJ community,

I'm a LPR, living in the US, who immigrated through marriage but later divorced my now ex-wife. I just sent in my N400 application for citizenship. I gather this process will probably take close to a year.

I have a new relationship with a foreign (Chinese) girl currently living abroad. We want to marry and have a family in the US. She has visited a few times as a tourist and she likes it here.

I am wondering about the best strategy, i.e. what will be the most efficient way to reach this goal. It feels different enough from back when I was the K1 and my ex-partner was a citizen, that I thought I'd ask for advice.

Should we marry as soon as possible?

Should we wait until I have citizenship before we file anything?

Is filing anything now as LPR a waste of time and money?

Is there a preference between CR1 or K1 route in this situation?

Is there anything we should be aware of at this time that will make a difference later on?

Thanks so much to all of you for reading,

Kevin

congrats, well done!

Hi Pooky, I'm glad you posted, because that Garfield comic is really hilarious!

Actually, it would be really interesting to know how USCIS sees people who do it a second time. I wonder if they investigate these people more thoroughly, or not.

We have to go more than halfway back up this thread to 'hear from' the OP. I'll respectfully suggest we give it a break here till we hear from him about how we might serve him here with our comments. I'm guessing we're a bit off track.

Cheers all,

Kevin

Thanks to both of you for stopping by and sharing your thoughts! I'll take another look at the timeline and see what I can do. Cheers all

Thank you for reading and replying. I have the court documentation so I think I'm all set to send it off. I was worried about it for a day or two (not having a clear record, I mean), but recalling how trivial the "offense" was ... I can't imagine it will be much of a problem.

Good day & thank you again

I do highly recommend that you contact USCIS and figure out what you

need to do to remove the affidavit of support.

I don't think that's possible. Am I mistaken?

Why do some people assume he wants her kicked out of the country? Even if he wants to divorce her, he may wish the best for her. Not to mention he may want his daughter to grow up with a mother.

I may have answered my own question. I called the courthouse and they said that, since the case was dismissed after I pleaded guilty, I have not been convicted. So, I should amend my previous post to:

25 no (Have you ever been convicted of a crime or offense?)

I am still interested in hearing feedback.

It would be great if our timeline could have an entry for "divorce" somewhere ... It's not too relevant for the website as such, but nice for our new partners to acknowledge that reality. And the option to take the ex-partner's name off the timeline?

Likely my new partner will soon start a petition for immigration, this time with me as the sponsor (last time I was the petitioner). I wonder if there's a way to do this from the same profile?

I guess the question is: do profiles belong to individuals or to couples?

Hi all,

I'm preparing my N-400 (whoo-hoo!!!) and unsure how to answer the questions 22-28 about "criminal background". I have a single "offense" that seems to qualify. I am unsure which yes/no boxes to tick.

The actual offense was silly. But a cop wrote me a ticket ("citation") saying "crime" with a court date. I was not arrested. The court letter said "accused" of a crime. In court, I pleaded guilty; the offense was reduced to a misdemeanor; I did a few hours of community service; and then the case was "dismissed" with possibility of expungement (which I haven't done - wouldn't matter to uscis anyway).

So my best guess is:

22 yes (Have you ever committed ... a crime or offense for which you were not arrested?)

23 yes (Have you ever been arrested, cited, or detained by any law enforcement officer for any reason?)

24 yes (Have you ever been charged with committing ... a crime or offense?)

25 yes (Have you ever been convicted of a crime or offense?)

26 no (Have you ever been placed in an alternative sentencing or rehabilitative program?)

27 no (Have you ever received a suspended sentence, been placed on probation, or been paroled?)

28 no (Have you ever been in jail or prison?)

Does anyone have an opinion on this? Or does it require more information to answer this question?

Thanks very much,

Kevin

I'm sorry to hear about all your troubles.

First, is there any immediate house-on-fire emergency? Will anything terrible happen if you don't act for a few weeks?

If not (and that seems likely), take time. A rushed decision is likely to be a bad decision.

You probably need consolation, company, someone to talk to so you can clear your head. The person who can do that for you is not your wife, nor a stranger online. If you have friends, now is the time to cash in on all the "friendship karma" you earned each time you bought those guys drinks or listened to their stuff. Go take care of yourself. Have some you-time. Check in with your family for comfort if you like (although it may be better not to get them involved ...) If you can, don't make any kind of important decision UNTIL YOU'VE HAD TIME AND FEEL GROUNDED.

If you have some cash to spare, set up an appointment with a lawyer just to explore your options, just for you. I agree with everyone else that this is a regular divorce. The fact that she's an immigrant changes nothing. She will be able to stay and even naturalize, especially if you will be willing to testify on her behalf (that the marriage was undertaken for love) in the future. I speak from personal experience.

Seek other's advice (e.g. here) but don't let it go against what you know. E.g. some couples with age difference do just fine. E.g. some people have affairs, get back together, forgive each other, and do fine. (A majority of people cheat at some point in their lives. Fact.) E.g. people on visajourney sometimes say things that are not true (almost ruined my immigration case).

Don't confuse your daughter's wellbeing with your own. (Don't know if you do, but it's a common mistake.)

If you don't have friends to talk to, feel free to PM and ask for my phone number.

Kevin