cherr1980

Hahahah they don't have a clue where many of our countries are located...they should have a map or get a geography lesson to be officers to be honest!

Anyway I think is just a lucky thing. Probably the "sorters" of the files just put yours on top of others and you got lucky! Hey if that so or in any case, good luck!

VSC is extremely low in average comparing with California.

Thanks AntandD, but what can I say about your thoughts????? I live in Vermont, the press here doen't have the presence that it has in NY, FL or MA so I don't think that's a factor. A lot of folks around here don't have a clue how the inmigration process works, they don't even know where Peru is locate!!!!

I didn't do anything special or different than any of you, the time will come for everybody

It goes in the same waiting period of time as a joint filing...so really will depend in your Service Center, and will be in line same as the others. The only thing that could be if they ask you for more evidence, which has happened to the ones who file jointly as well. I really haven't notice anything differently. They even waived the interview sometimes.

I file with a waiver on July 08, the situation is that they approved my joint filing on Dec 08 (even that I did all the possible to communicate them that I was divorce, I even went to the district office and they made a copy of my divorce decree and all that, went three times and they say "no worry" they will figure out!) What else I can do?...Just wait. Apparently they never get themselves together for this matter. I will wait until they get on July08 cases and see what's the deal.

Good luck.

The requirement of naturalization based on three years of marriage is that you STILL be marry and living in marital union at the time of the interview with the same US citizen.

Hi,

My wife (USC) today come back home and asked me to seat;

She told me today she went and filed divorce papers (we live in Queens NY);

as she says

she feels unhappy and she thinks we dont love each other anymore;

Things have been quite heavy lately with my job and i come home exausted and

late every day, but I never expected such a SHOCKING decision;

The interview appointment for the N400 has to come yet (i filed on SEPT 08 so is coming up)but I feel bad to give up my marriage and my citizenship;

i tried to convince her and made change her mind but she said she is not going to change anything;

What happens now? can I dispute this divorce?

if i sign it will the Court record this separation/divorce?

If the appointment letter come in and i show up at local office, will they see

a separation recorded? will i be in danger/ risk to have my GREEN CARD taken away?

please advice,

thank you, any opinion will be much appreciated

Am sorry about the divorce. Well if you have already filed for naturalisation, let the process go on and appear for the interview and if you are divorced by then then tell him or her ( interviewing officer). The ten year green card cannot be taken away from you because of the divorce. Also if you have been married for three years by the time of the divorce, it is likely that the interview will be approved even if you are already divorced by the time of the interview. The requirement for naturalisation through marriage is the three year marriage.

Even if you are not approved at the interview, you will only have to wait two extra years and naturalise by yourself. (If your naturalisation is not based on marriage you wait five years instead of three.)

Sorry about your situation. Good luck!

Is the letter came from your Service Center or from your District Office?

I received a letter like that before...but it came from my District Office but it was not saying anything about "returning my fee", just that my case was going to be process soon, but that was after I went for an INFOPASS.

USCIS for sure DOES like money!!! that's the first thing that they do, take your money out.

For whatever reason did you checked something about "fee waiver" or call about something like that? or somebody in your behalf? I know the questions sounds silly but really...

Now I'm starting to worry since it seems like this is not part of the normal process. Doesn't seem like anyone has experienced this before. I'm still hoping someone out there will tell me they got this same letter too. Here's hoping.

I will keep it short since this is the post of the timeline not for true posting, but ideas like that must try to convey many situations that would or may affect beneficiaries in general. Not everybody who is a conditional resident will apply for citizenship even is married with a US citizen or even apply right there when their three years is due, so in my personal opinion and looking situations in general...the faster you can get done with USCIS the better. Two year max, is enough. As the previous poster says...the problem is the slow processing at VSC. Citizenship is another class-step benefit that might continue or not but I-751 you must do it.

OK... let me try again. What I was trying to convey was: "I had no idea you guys had it that bad. I feel sorry for you." No rubbing it in - just sympathy. I apologize if I offended anyone.

Now, regarding the idea of 3-year conditional residency - I actually think is IS a decent idea. At the very least, many of us would save the I-751 fee by submitting N-400 right away.

Agreed...you need professional help.

In any case you must reply the RFE, if you don't reply for sure is a denial.

Since the divorce is already in course there is nothing that you can "expedite" within the court, it will go through their normal course...meantime, would be better to check with a lawyer if you should send a note explaining your current circumstances at this point, they would know better the course of action to follow.

Unfortunately this is the limbo situation...if you reply most probably you will get call for an interview and you should start getting papers that at least your divorce is in the court.

Wish you all the best.

Carl,

I think you should seek an immigration lawyer to guide you through this. You dont wan't to make a mistake as you are also going through divorce and that affects your immigration status.

The lawyer will tell you what to do and how to navigate through this! My bet is that you get a few more affidavits from the grandparents stating that they took care of both of you, get divorced ASAP, and submit a hardship waiver based on divorce.

You are not at a loss as long you prove that you entered the marriage in good faith and you did so. Collect everything possible with both your names and get statements (affidavits) from friends and family.

Good luck

But you know...it doesn't matter, your passport is still valid even you name changes. They only care that your passport is valid and not expired.

For example, I am in the process of my divorce in my country of origin, but I already divorced in the US. I travel with the same passport that I had with my married name (since I have to wait for all that process be taken care in my home country)...and is still valid and that's it. I had a valid I-551 stamp (actually the second one) in my passport, no problems at all. I just always carry a certified copy of my divorce decree is questions are asked.

In any case, your employer should not ask more than is needed from the I-9. If you fulfill the requirements then you should be set. If they continue making a "harrasment" situation about something that is not under the law, you can show to them very well what the law states and YOUR rights. Or just simply go to the Department of Labor.

HR should know the difference between OR and AND, LIST A/ B is OR...means one of the list A or one of the list B but you must have one of LIST C along.

Im glad you find information on your own and more info from the officials.

Sometimes people just panic and to be sincere, unfortunately society has become more Apocalyptic. Of course there are mistakes to avoid, but death -so far- is the only issue that has no remedy.

Feliz Navidad y Prospero Año Nuevo a tu familia.

Cherr

Ill be asking a lawyer anyway, but I did thumb through the CA elections code, no mention of different requirements for voting... The only requirements (aside from Not being a convict or insane) were to be 18+ yrs old and a citizen. I doubt it that just because it was for the primaries it makes it less of a crime. Thanks for the idea though, Ill definately bring it up to a lawyer.

Mexican IS a language as American is a language.

Mexican is not Castillian (proper Spanish) and American is not (Public School)English.

I hope I taught you something today...

And you right now are writing is "Ignorancy", the language of ignorants. This become way more than the OP said at the beginning and there is not need to insult people from different countries. Shame on you.

TheWoat,

I know...I used to do those analogies. Is not that I am mad...for me it was just common sense issue you know.

Okay so I found that anyway half people here tells you that no worries and the others tell you that you might encounter (your wife) issues. So I looked and found that actually in the N-400 came the question of:

"Have you ever registered to vote in any Federal, state or local election in the United States?" Yes/No.

Now, would be GOOD that you actually check with that official if is true that her information was deleted from "the database".

You may want to consult with an immigration lawyer for your peace of mine. I don't think that anybody here will really can guarantee you of the outcome or if it's true will be an issue to worry about, may or maybe not...but since there is a question about that, then is the same situation of "have you been arrested, convicted, etc"...would be good to have all the information in your side. Did your wife keep something that shows that she put clearly that she was not a US citizen?

See, reading about voting rights in several states pages they used the term "residents" they usually put you must be a US citizen, a resident of the state, at least 18 years old...etc etc. Remember that the word resident does not referred to the immigration term of "Legal US Resident". Yes we all are residents of the place we live...but in terms of immigration there is an authorization on it is not the same term that the electoral officials use.

Good luck!

Is this is an AOS case, she has no base if you divorce her...you can file for divorce.

So why did you move out? She can claim home abandonement in your divorce...don't leave your house.

Don't discuss with her anything...and avoid confrontations.

Regardless that is a one month marriage...or 5 days marriage, depending on the State...your home can be her home too, so I would check with a divorce lawyer. Don't get involve in things that you don't want to.

Without a sponsor, she can't file for AOS.

Even nobody knows if this will can come an issue (which I doubt) during the citizenship process (NOT the removal of conditions as this forum is about), you and your wife should know the difference of "COULD" and "SHOULD NOT"...YOU COULD vote and you kow how when the LAW allows you to do so, but you SHOULD NOT becuase you are not a US citizen.

Stop blaming on the county electorals...actually that is scary...wonder how many "smarty" residents use the same excuse and vote in an election they have no right to vote. Just think in your own country once and asked if you would like that happen in your country of origin, I alway wonder that ppl want stuff in here but their own country of origin would not, duh!

It's a simple rule of thumb! If you can drive but you have not be authorize to have a driver license, you SHOULD NOT drive...is your fault to not follow and just play on the loopholes. But again, this has nothing to do with removal of conditions...at least she marked in everything resident or clarify that she was not a US citzien so is not that she mistakenly said she was a citizen, but sorry she KNOWS pretty well that she had no right to vote, period.

This is the game of "oh I did not know that smoking can cause me lung cancer...but this is not my fault because the grocery store sold me the cigarrettes packs!"...we are adults, be responsible.

Regardless of money constrain you must file your I-751 in a "timely manner" as per instructions...to avoid issues that other people have encountered, is not about WHEN you send it through the mail is WHEN they received it. So be SURE you get a "received postmark" before your GC expires.

Good luck!

The problem will come when it expires and you find yourself out of status. I don't believe there are extensions if you don't file your I-751 promptly. Be careful.

A name change has nothing to do with a GC status even especially that his name remains the same. I think you are complicated too much. I wonder which database those landlords are using or the one you went because your name should match your SSN. There are thousands of people with the same name. Lurquin is not even consider since the US only take in account the last name (first). I don't know how you could hyphenated with the SSA without a court order for that...in any case, make all your stuff in one name for your own financial/life issues and that should be for you not for USCIS. Again, if you want to keep your maiden name or no, has nothing or has no effect in your husband's GC status at all.

Good luck.

My husband has two last names because he is Peruvian and they are Vasquez Lurquin. When we got married I changed my last name to Vasquez and found out soon that we couldn't find a place to rent under my new last name. Potential landlords would pull up all the Rebel Vasquezs out of there background check name database with bad reputations, and assume it was me. So I went to social security and had them change my last name to Roser-Vasquez. Roser was my maiden name and I never had problems with that name. Well, now we want to change our last name to just Lurquin my husbands second last name. I don't like have so two last names or either does my husband, so why not take just one of his last names. The problem is that Lurquin is his maternal last name and not his paternal last name so we would have to get a court order I imagine. I know it costs 340 bucks for a name change on a GC but we willing to do that if that does not affect his case as a conditional resident. His conditional residency does not expire until june 2010. Do you guys think we could change it now, without the name changes affecting our case in a negative way?

You are eligible to apply for citizenship 90 days prior to your fifth anniversay as permanent resident, that counts your time as conditional green card holder. So you should be eligible in 2010 UNLESS due to other circumstances you don't fulfill the other requirements and must wait more time.

Hi, Congratulations!!!!!! I have a question; didn't you send the health/dental papers, affidavits and car insurance papers when you first filed the I-751???

Thanks, yes i did send all of the mentioned documents with my 751.

Congrats!!! I think I remember your case pretty well.

Nice that you are done with it...what I don't find easy to read is your signature...04 you file for I-485 you mean year 2004 and then in 2005 you was approved for AOS but WHEN you divorce? which year?

and you put 5/12 for citizenship? you mean which year? is 90 days before your 5 year as resident that counts even the time as conditional resident.

Good luck!

Sorry for confusion, yes 485 was filed in 2004, divorce was in 2006, and the citizenship date is 05/2012. Thanks!

Instead of calling I would go for INFOPASS, that line is misinformation most of the time...even the officer at infopass told me that! wonder...

Even if you are separated but still you mantain everything as you were married, you should be fine...the only thing is that if you get call for an interview after that...then be prepare and I hope your spouse will be there.

It is sooo unfair, if you will be in the West coast, you ages ago would be done with this $$%W!

Good luck.

Congrats!!! I think I remember your case pretty well.

Nice that you are done with it...what I don't find easy to read is your signature...04 you file for I-485 you mean year 2004 and then in 2005 you was approved for AOS but WHEN you divorce? which year?

and you put 5/12 for citizenship? you mean which year? is 90 days before your 5 year as resident that counts even the time as conditional resident.

Good luck!

Well, be sure to get a stamp before send it...because it might get several weeks or months to wait for it. There is a case here that took 2.5 months. You many want to have at least a stamp.

Good luck.

B)-->

It might help, is not a guarantee.

There are many people that never received that their cases were transferred or that the status shows that...sometimes only shows that your receipt was accepted by VSC directly even you sent it to TSC.

If they send you a RFE or an interview letter it won't show in the online status either.

Since your case is FEB08, most likely you won't get any of those since they are not processing your case.

If you feel still nervous about it, then try to find somebody that you trust and may check your mail for it.

Enjoy your holidays...USCIS will have several recess at the same time you are living so we will see some "slow time" again...Thanksgiving, Xtmas, New Years and MLK weekend (Marthin Luther King Bday) and Jan 20th the new president officially takes office.

Some of you have read my case before...Im tired and confuse about what to do right now.

In general words here is my timeline:

Dec 21 receipt of first application/joint I-751 to TSC-transfer to VSC (date on VSC 16jan08)

Feb 21 biometrics

July 01 divorce

July 04 receipt for application I-751 with a waiver to VSC

Aug 02 biometrics

Oct 21 LUD on myportfolio

Oct 28 Went to INFOPASS and was informed they are using my Dec dates with my last receipt date, within 30 days I should have an outcome.

And I keep waiting and waiting...and I will be out of the country for Thanksgiving...and then I just started to panic because nothing has come up. Just seeing people around my original dates come and go...and I am not sure now what to believe and my stamp will be expired in Jan...my NOA, well I don't know which one should extent from the date of what?

So I called today at the customer service line, and the lady was telling me that why I even file a new I-751...hello? because I got divorce...then after that, she said...that what happened with my first one and I said, nothing, I never received anything from it. She asked me if I withdraw it because I should not have two cases pending...and I Said, I send a letter with copies of my previous receipt along with my waiver pacakge asking for withdraw it but I never get anything from it, just the receipt from my waiver I-751. I explained her that in my last infopass the officer told me that in 30 days I should have an outcome and that they are using my Dec dates with my last receipt date when I filed with the waiver and the VSC is within Dec 30,2007. She put me on hold for 10 minutes and later on she told me that her supervisor told her to told me that I should send a note to VSC again about withdrawing my first petition because is still shows as pending and that the information that the officer told me is wrong because they should follow by order and mine is July now so I should wait another half year. I said, thanks and that I was going to make an INFOPASS appt because I keep receiving contradictory information, she told me that is my right but that officer was wrong.

So again, I am in this limbo of confusion. I made an INFOPASS and the earliest I got was for Tuesday 2nd. There was one for Wednesday but it was taken already. Will try later on to see if something earlier than that opened up!

Im totally confuse and tired. Im really worry that they sent something about my first case, but I moved and I had a receipt and everything about my change of address. when I went for INFOPASS the officer checked my address and everything and that my stamp was fine...which I need a new one next week anyway. I don't know what's going on, even the officer at the INFOPASS told me that they are in my case and I should follow the last receipt. And this was in several MAILS that I received from the district office in Atlanta.

Probably I am just nervous and tired.

I tried to google for the segment of 60minutes...since for I-751 does not make ANY sense just be denied due to being a widow...I think we should just need to scoop around more. It is important to understand that the media and sometimes EVEN the own immigrant does not have the complete knowledge of the process. It is important that we read and continue reading our own processes regardless that our spouses wanted to help. At the end is our process.

I found this one:

http://www.marketwatch.com/news/story/Wido...68E765C34812%7D

Still they dont say if they were AOS or I-751 they only say about "being married less than two years"...well duh, if they had a complete AOS and more than that they are not conditional...if they got approved on AOS then they can apply...does not make sense at all...the law on I-751 DOES permit that...the AOS does not though.

This better make understandable the argument:

http://rokdrop.com/2008/11/23/the-widow-pe...-on-60-minutes/

Now, if you see the way that 60minutes should show is FIRST explain how the legal process of becoming a LPR WORKS!...this is just becoming vexing sometimes, that even I simpatize with them, makes people misunderstand more and more the process that they should know better in the first hand.

Now after google I found an interested case of a person who even was with strong and high command-in-line people in the Navy which at the end are top in protect our land and in line with the Department of Homeland Security and for something that will be common in those circumstances...his gc was denied.

http://www.huffingtonpost.com/2008/03/23/u...de_n_92947.html

Conclusion:

Yes, as widow or divorce you can REMOVE the conditions on residence. For AOS cases, if you divorce there are no legal bound anymore of what you will become a LPR, same applies, unfortunately, if you are a widow. That is the part they are trying to change...the only part that I Think the law protects if is the spouse was kill in action (veteran, war, etc.).

Congratulations!!! Looks that VSC is moving -slowly- but starting to catch up again...I just hope they get more approvals by day!

Did you received the approval by mail notification or your online status changed?

Thanks,

Cherr

After worrying for the last 11 months and many many grey hairs later, I was finally approved with no RFE or interview on Nov 21, 08. I want to thank all of you who have helped make this long journey alot easier. I don't think I could have done it without this site, and the kind hearted people on here.

For now I am still in shock.....

Next step apply for citizenship on Dec 21, 08.

Thanks once again,

Lissa

A. If called for interview, what would happen if she didn't turn up?

It's all depend at how your "separation" could go. Remember if the separation is not nice means that you must better be divorced than separated. Since you are submitting your application jointly you are covered BUT if it's turns out you need to show up to an interview then you can be in a delicate matter. Or you are in divorce proceedings and that is why you need to ask more time and explain the situation or you got divorce and you don't have to wait and submitt a new I-751 right away. Be aware that being separated and call for an interview (AND if the spouse won't show up) this is the worse scenario and not good to be in. You can be denied and then you will have to refile/appeal again once you have your divorce decree in hand. At the end if you are not going to continue be married, then better be divorce...unfortunately USCIS does not think about "the time I need to think what I want to do" and that can takes months sometimes...they don't, so or you better off or work it out until the end.

B. If we have plenty of evidence of a legit marriage, why would be called for interview? My feeling is that not many are called for interview.

Yes, not many are called for interview but others do...why? every adjudicator officer is different and even you can consider that you have plenty of evidence they may or may not call you for an extra one-on-one with you. Some get call as random selection. Nobody would know for sure if is going to get call or not

C. Could she call USCIS and tell them that we have separated and in some way jeopardise our application? Or are they not concerned as long as the application follows their guidelines and requirements at the date of submission?

She can call and say whatever, the application anyway is yours. The other thing is not that they listen to whoever that says "my husband wants divorce and he should not get his GC"...in what conditions she might put a "complaint" can make things different...e.g. fraud, have evidence of you planning to just use her for the GC benefits, etc, etc. There are people that have been in that situation. It can be a pain for sure. Normally if they think they can follow STRONG evidence that might get forward to ICE. But to be sincere I have read several of those things and nothing major on it had happened

I wish the best of luck.

Before I separated for my husband we were surfing a tsunami...nothing nice...at the end I asked for separation and was in the middle of the time to apply for I-751, he signed it and I sent it STILL we were not sure what we going to do...but after that things got worse and I filed for divorce. And since VSC is taking forever...I knew I was going to file for a waiver so I prepared everything AGAIN on time and ready. Probably I would stay separated more time but there were very difficult circumstances that I needed to cut as soon as possible. But every case is different.

You are a legal permanent resident...have a lost card does not mean you lost your status.

If you need to travel, you just need to go for INFOPASS and get a temporary I-551 stamp until your new card arrives.

Just give you some chill out advice...it is obvious that you won't have anything together or you will be able as a prospect immigrant something here just right after you marry, since you have nothing that shows your legal status. Since you are just in AOS process very few options you have left...UNTIL you get your EAD, that's why even an immigrant is thinking not to work s/he should obtain it. Once you get your EAD, you can get whatever other thing to work around and get things in both names.