cherr1980

sorry I write as I speak. What I meant was that you said that you have a mortgage so I assumed you mean a "joint mortgage". With divorce, financial responsabilities like credit cards, mortgage, etc that are JOINT do not end...so it's good that you settle that part pretty straight up. Is nothing to do with immigration but since you are through divorce, people forget that you can get in a financial mess if you don't get that straight up.

Safwan,

You are accepting your divorce? what you meant by that?...you mean will be final? If your divorce is final before the January deadline you don't need to wait until it...you can file once you get your divorce decree regardless if it's before January.

by the way in divorce remember that your financial responsbilities (since you have a joint mortgage and auto loan most probably) do not end...be sure to talk with a divorce lawyer and/or your financial advisor about it if you needed it.

SilverShadow,

Hey keep us posted...in two months and see if you got your approval in the mail...don't know WHY has to be December??? jeezz. Well I am confident that everything should be straight up with you.

Good luck!!!!

Hi Cherr 1980 , thanks for ur replay to me i appericiate it , yes hopefully i will get my divorce over by the end of October , i dont understand what u meant by Financial responsibilities ? and i have to talk with divorce lawyer or my financial advisor i dont understand that ? can u explain to me please about that situation thanks .

Did you mean you already have the divorce decree in hand? If that so, you don't have to wait 90 days prior the expiration date of your green card...you can apply for the removal of your conditions at anytime once you get your divorce decree, so you can do it now. You need to include all the evidence (same if if you were joint) of your marriage life, financial and others: bank accounts, tax returns, insurance, leases/mortgage, car loans, pictures, tickets, cards, affidavits if you want, etc.

Remember to click in the correct letter, you are applying that your marriage was enter in good faith but it was ended due to divorce, etc. Remember to date and signed the form and include the correct fees.

Good luck

Hi, we got divorce and been putting up some paper work together for me to file for lifting the conditions of my status, my greencard will be expire june 11, 2009, how long before you can file the papers to the immigration for self petition since I am divorce?

I am totally agree that in these days many and actually that is a good financial move to mantain certain finance factors separated (like people still should have their own bank account/savings/credit card etc) still for USCIS is not that simple. Just wonder why you don't have at least one account in both names .e.g checking account, insurance perhaps?...unless there is the issue that one of you had very bad credit. Do you have insurance? at least I guess you have include your wife in it, right? Life insurance? you have a kid...have you include your wife and kid as beneficiaries?

The birth certificate of your child is pretty good to have but you need show other type of evidence, where you live before are both of you were in the same lease, what about now? Cell phones?

Good luck.

I have yet to see a denial of I-751 in the 2.5 years of posts I have seen on VJ.

If evidence is light, they MAY interview you.

THANK YOU YUANDDAN IM REALLY RELIEF ABOUT YOU SAYING THAT YOU HAVENT SEEN ANY DENIALS

Sorry, I sent the replied before your previous replied...well it's obvious the denial reason. The last memo that I got about it (I am through a waiver myself) states unfortunately that you must wait to be divorce to apply as divorcee that's it...with your divorce decree in hand.

Anyway, I don't know if they will look at your file first...I don't know if they put the denial/waiting to reopen cases in another special unit or what.

You should not travel until you received an answer from USCIS. Right now if you try to re enter you could be deny the entry...and CBP and USCIS are two different agencies...and many times they contradictes each other or careless what one has to say about the other. I wouldn't risk it. In the system you are denied remember...

Yes, you can appeal. The best thing right now is to be in front of an immigration judge...your lawyer should know all this you know...

You need to contact a lawyer (I wouldn't go with the one that you had before to be honest I don't know what he was waiting! ) and ask the procedure for it, you do your own homework to search about it first. Don't go blind on this.

The law right now is pretty clear, after several memos about separation/divorce and I-751 that explains that you can't longer apply with the waiver while on separation. You MUST wait to be divorced to apply with the waiver if NOT you are consider married, period. There is no gray area any longer. It sucks when you are in divorce proceedings and your deadline to apply for I-751 will kick in.

Since you were married, you suppose to apply together unless there were extreme circumstances...if not, even you was going to apply late, you then file as divorce but with the divorce decree in hand, without that then you are not divorce in their eyes.

Anyway too late for that and still we are not sure why you got denied...you need to appeal asap. What your lawyer has told you at this moment? why he keeps waiting for things...it's beyond my logic.

Is your lawyer SURE that he hasn't received anything...I would go to his office and even check his mail! You know, it makes me wonder if your lawyer miss the RFE he was "waiting" for...uhmmm.

Good luck.

no, i haven't received the denial letter yet, but when i called them to check on my status they said that it has been denied and that they sent the notice to my lawyer. my lawyer hasn't received anythign, so they are sending it again. so the denial letter is on its way but i don;t know what to do now!!!!!!! is there hope or what??????

I believe you can appeal your case....

If your application to remove the conditions on your permanent residence is denied, you will receive a letter that will tell you why the application was denied. The process to remove you from the country will begin as soon as your application is denied. You will be allowed to have an immigration judge review the denial of your application during removal proceedings. During this review, the USCIS must prove that the facts on your application were untruthful and that your application was properly denied . If the immigration judge decides to remove you from the country, you may appeal this decision.

Generally, you may appeal within 33 days after the immigration judge decides to remove you from the country. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, D.C. For more information, please see, How Do I Appeal?.

http://72.14.205.104/search?q=cache:O5BkhU...;cd=1&gl=us

Safwan,

You are accepting your divorce? what you meant by that?...you mean will be final? If your divorce is final before the January deadline you don't need to wait until it...you can file once you get your divorce decree regardless if it's before January.

by the way in divorce remember that your financial responsbilities (since you have a joint mortgage and auto loan most probably) do not end...be sure to talk with a divorce lawyer and/or your financial advisor about it if you needed it.

SilverShadow,

Hey keep us posted...in two months and see if you got your approval in the mail...don't know WHY has to be December??? jeezz. Well I am confident that everything should be straight up with you.

Good luck!!!!

Well keep us posted.

I filed for a waiver as well, but I did it right after I divorced...so practically I have two cases pending...we'll see.

What do you mean, two cases pending?

Sorry did not meant to confuse anyone...I said "two cases pending" because in my portfolio both are still "received and pending" that's all...but it's the/should be the same one since is the same A-number on it and my name, I just don't know which date they will choose to process my file!...I filed my first I-751 while married and then after divorce I refile a new I-751 but I change my name back to my maiden name.

Yes, I did put a letter explaining that I married, I filed on a timely manner my joint petition with my ex husband on DEC 2007 but then we divorced (several issues arised etc etc) and I put in the letter that I was withdrawing the joint previous petition and refiling a new one with a waiver. I actually include copies of my NOA of my previous filed and put notes everywhere. I received everything with my new name at my new address and everything without problems. I actually have enter in and out of the US multiple times without major problems except twice (including a week ago) that the guy was lazy enough saying.."are you Smith or Chandelier? there are so many names here...", duh! yeah because I divorced and I change my name".they sometimes sent me to check P (passport)..but nothing major really. I just wonder that I filed a joint petition on Dec 2007 and then I refiled on July 2008. So it's like a big different in dates.

I carry a stamp valid until Jan 31, 2009. I made an INFOPASS for the 27th...will see.

Cherr1980,

Have withdrew the old I-751? I think lawyers always send a letter with a new application about withdrewing the old one. If there an interview, they will ask to do so right away before they can approve. But I am not sure how important it is. I wish you good luck!

Well keep us posted.

I filed for a waiver as well, but I did it right after I divorced...so practically I have two cases pending...we'll see.

Good luck...you have plenty of evidence in my eyes, just be calm and remember all your details during your marriage, separation and subsequence divorce.

Thanks russian-arminan...yes I did so. I did not use a lawyer, I just went for consulation and talked and showed my evidence and he explained me pretty well the facts and what was needed to do...plus in several forums including this got plenty of help and support.

Well keep us posted.

I filed for a waiver as well, but I did it right after I divorced...so practically I have two cases pending...we'll see.

Good luck...you have plenty of evidence in my eyes, just be calm and remember all your details during your marriage, separation and subsequence divorce.

I applied in Memphis, TN.

Thanks

Do you remember what was the little carboard you sign?? Was it in blank?

Have you make an INFOPASS, they can tell you if your case is still pending...while is pending you still are a resident and you can travel back and forth.

Just remember you have 90 days...I don't think your Senator would do something with it.

You need to do an INFOPASS. It seems that even the GC has the same dates, looks like in their records they have something different for Angelica.

Did they all did AOS or was through CP?

Beautiful baby!!! Congrats!

Yes, I have considered that he needs counseling. I brought that up ... as well as marriage counseling. However, there is only so much a person can take - especially from a person who won't acknowledge that the other person is unhappy and not willing to fix it. I'm also tired of being controlled. I haven't been able to have a freaking life since he's been back. I'm not allowed to work or do anything. This is sick. he is a very narcissistic person and it's quite scary.

My 7-year-old is now afraid of him and my 4-month-old is just ignored by him 24/7.

Post-traumatic stress or not, I'm not willing to stay with someone who won't commit to "trying" to make a change. I'm sick of sleeping alone, sick of raising my kids alone, sick of everything being done alone.

Gosh, I haven't posted on VJ in forever but I'm back again with a question!

How does one do an early removal of conditions? Under what circumstances can this be done?

I received my GC in July of last year. My husband went to Iraq in August of last year. He has been back since May and he is a stranger to me. He is withdrawn, anti-social and is just plain old cold and unemotional. Since he's been back, he does nothing but watch TV until 5am, read books, etc. It's gotten so bad that he now sleeps on the couch. We have a now 4 month old baby and he pays no attention to her. I have tried talking to him to get him to realize there is a problem but he flies into a rage - then I get accused of being emotional and he ignores me for 1-2 weeks. I can NOT go on like this! I'm getting physically ill from this and I just feel nothing will change. My children are suffering and I wanna get out of this marriage.

I thought about going back to Germany. However, he will not sign the paperwork granting permission for my daughter's passport and there is no way I'm leaving her behind! I guess I am stuck here. So now I am looking into getting the early removal of conditions but have no clue where or how to find out about the proper steps I need to take.

Any help would be greatly appreciated.

Have you consider speak to the Family Readiness Group or the chaplan assigned to his unit? All of those are services to you, the soldier and family members of him. The Family Readiness Group is a great help (hopefully you have a good one, I volunteered for two years), they can help you to contact several areas that may help you. You can call Military One Source, at least to speak with somebody over the phone. from them they can advice you to go to different type of counseling free of service, the army pay for it, you dont have to do anything. Trust me it works as long you push for it. I did that on my first try of counseling it did not work but I did my try!. Even he does not want to go to counseling or seek psychological help you will need to go too. You can go first. Go to the chaplan (even you are not a believer or whatever), speak with his commander...they NEED to know that he NEEDS HELP. Most of the time, if the soldier is in a good unit (by luck) they MAKE THEM to got counseling...like it or not. My ex went to Desert Storm (before I met him) and he told me he had to go to counseling after that. Remember, that to seek for help won't come from him because he is too deep within himself, he is not listen to you or seeing himself as a sick person.

Have you spoke with other people at his unit? like other soldier's wives perhaps??? there are forums over the internet about army/soldier wives...they are great help too.

You DO NOT HAVE TO DEAL with his alone. You are not alone first of all. You just need to find the help that you need, after you try all those routes and you still find yourself in a dead end...then you can make other decisions. By the way, you do need to speak with your family and somebody at his unit. For me his behavior can turn violent and especially the issue that he won't signed so your daughter is free to leave the country worries me. Remember, keep an open communication with several people around him is the best way to prevent accidents. Keep the faith!

Good luck!

Hi there,

Living overseas on military or government orders is just like living in the States. Your APO/FPO address is your mailing address and that's where everything will be sent to. Since your two-year greencard is expiring in May 2009, you can start applying for your removal in Feb 2009. There are special instructions on the I-751 for military/government personnel living overseas. For example, instead of having a biometrics appointment you mail in passport-style pictures and a fingerprint card that you get from the MPs or the Security Office (usually same building as housing, finance, transportion office... on the military post). On the I-751 your write in big letters 'military overseas', so they know right away. I think this is even written in the instruction. So don't worry, you are just fine.

I am going through the same thing right now. We moved to Germany on military orders in August 2006 and I applied for my removal of conditions in July 2007. You can check out my timeline.

Stefanie

I maybe wrong...but have you check out with your spouse JAG office if you are eligible for expedite naturalization due to your spouse orders-military active overseas and you can accompany him?

Good luck.

I filed on 7/1 my new I-751 got my NOA1 on 7/11 and received my NOA2 (biometrics) on 7/29 and my biometrics appointment was for AUG 2, so I received my appointment in LESS than a week. I was surprised...I was really expecting it like two more weeks to be done, but it was for that same week. So be careful thinking that it will come days after the appointment itself...I indeed thought in the same way, I am glad I was NOT traveling, I would missed it.

Good luck.

If the case number on the biometrics letter doesn't work, then someone didn't enter it into the system. Keep trying that number. If you still don't get any notice then you can try calling the 800 idiot line.

Or just make an INFOPASS...

Caligirl, I just saw your other post : http://www.visajourney.com/forums/index.ph...p;#entry2068229

Oh my!!!

1. You cannot apply for naturalization until you have been a permanent resident for 5 years as you are not still married to the USC petitioner

2. You will have to add the misdemeanor with all details in your I-751 application: Question 7 on the form says, "Have you ever been arrested, detained, charged, fined or imprisoned for breaking or violating any law or ordinance (excluding traffic regulations), or committed any crime....."

3. If you battered your spouse, I doubt the USCIS would look favorably on your application (just my opinion).

All true statements Mrs_S. Sounds like getting past removing conditions will be hard enough, let alone naturalization, which requires good moral character. (my opinion as well)

Mrs. S and Roi Aggie: About the misdeaminor incident it is not mine. It is my friend who is inquiring that. She came here as an immigrant visa. And now she will be here for almost 5 years. Sorry if i mis lead you guys. But my problem is my own paperwork. Im really thankfull that u guys share your ideas with me. God bless you both and thank you so much. Lets talk about my application: Yes i know my ex-husband's SS # coz it is in our divorce papers. And i am glad that the affidavits is not really that important because i am really stressed about it and i want my paperworks to be completed as what they requested. And before i send this out i wanna make sure that everything is there. By the way about the pictures how did u guys do the pictures since we got a bunch of it from where we started to the end we have pictures together. So did u guys put all the pictures in something to make it neat and clear for them? did u write a little note on each pictures? please i need more advice.

Even the affidavits is not a must...your case as divorce waiver, I would suggest so. Whatever "more" that you can show, especially because you won't have many easy -at-hand information, the better. Don't you know anybody in Hawaii or where you at that knew your husband?

If you were in a joint credit card...you CAN call the financial institution and informed your credit card number and who you are, you will need his SSN, they must probably will need to verify your identity for privacy issues or you just can go to the place where you had your joint credit card/bank statement and explain your situation. Get your marriage certificate AND divorce decree for you.

Sorry, about asking you some questions but I needed so I can help you. Where did you live with him before and how long? Give us a timeline...

My best advice is that STOP thinking what your ex husband can do for you, the chances that he help you are minimal if he just say that he only have the most recent one...BS he can get older ones for a little fee that you can say you can pay. But if he wants you out of the country...I don't know why you think he will help you. Forget about his family...it's amazing but family regardless they know somebody did something wrong/needs help/etc are the least people who will get involve and they can care less about you.

You need more comingled information...you need to show that you TWO life together in the same place as a husband and wife.

Good that you get the pictures, do you have emails from him? old ones? actually even the "chats" that you are having with him, save them. All are evidence. Do you have copy of the utility bills regardless that they are only at his name, your Hawaiian ID should show the same adress..not necessarily everything has to be at both names but you need to show that you share the same address.

I assumed you were married in 05 and live in Hawaii during 05, didn't you file taxes in 05? or at least him? he should apply as married...for that matter, there should be a transcript of it. For 2006 even you were in divorce proceedings...at the end of the year, you both probably apply as married filing separate...does not matter, get a transcript of it. Do you work? If so, didn't you have personal data that showed that you were married in your previous employer? Get that data. You need insurance? Didn't he has health insurance covering you? what about cars? car insurance???

You can PM if you want. Good luck.

Although getting a state ID is always good, the only ID you are required to carry, as a LPR, is your GC. That is what you need to take, because it also has your A# listed on it.

For the biometrics even the note does not state so you must bring your GC, so don't forget it.

Never underestimate the power of stupid people!!!

HAHAHAHAHA This phrase make my day!!! you got it right.

Honesty is still, and always will be, the best policy.

You don't have to show that you are currently a happily married couple. Though that would help, it is not what they are looking for. You only need to show that you entered into the marriage in "good faith" and did not, or are not, commiting marriage fraud.

It is up to the USCIS to prove otherwise.

There is actually a case of a person over here that they were in divorce proceedings and they disclose it and even so she got approved.

I think the best policy is that you two are through rough times but you still care for each other, that says a lot.

Be natural...and my advice is never give more than necessary but you must be natural, so if you feel that in the case it might get the impression that you are "covering up" the appearances, to say that you two are having a rough time and have spend to time in separation status...but still care for each other, I don't see major problem BUT you know it will really depends on the adjudicator that you will get.

Good luck.

It seems to me, this is a case of what the USCIS calls "abandoning status". You have not done anything wrong. You left the country, that's all! It's not like you're trying to stay here illegally. Hopefully someone else might have more information, but in my mind, you might be worrying too much.

When it comes to applying for another visa, they always ask if you applied for, were approved, or disaproved for any other type of visa, and details. This is where you would explain your situation.

Once again... You have done nothing wrong.

Well, the thing is that USCIS does not know that you are out of the country because you did not exit as a tourist, remember?

When having pending issues it's better to just close chapters than having something pending there (plus not counting that they could be working in somebody's else case that does want to stay here).

I don't think you did something wrong, but I think you should close or cancel that application.

Be aware that regardless of your future plans if you have to apply for a visa (unless your are part of the visa waiver program) one of the questions is if you ever applied for an immigrant visa, etc.

Is not that you will get deny the entry...but if you get denied then you get in removal proceedings, let's say that is in the system for a couple of years, then you enter as a tourist...it can cause an issue, Im not saying that you won't be able to enter, but just as a precaution sent a note to the service center with a copy of your NOA, if you have one, stating the withdrawal of your filing and that you return to your country and you don't want anything that may cause an issue if you return as a tourist.

Remember, that for USCIS not necessarily "abandoning" your status you become then a tourist.

Or the person who manage your file have no clue of the fees...because it does not make sense:

From the instructions:

Filing Fee :

$465 (plus $80 biometric service fee)

Special Instructions :

Note on Filing Fee:

Base petition fee plus $80 biometric services fee for all conditional resident applicants. Each conditional resident child listed under Part 5 of this form who is a dependent seeking to remove their conditional status, is required to submit an additional biometric services fee of $80, regardless of age.

So is $80 for each one plus the base filing $465...making a simple math of $160+$465 = $625

You said that you got two NOA's? one of your spouse and another for your child?

I really don't see the error, unless the person who manage your file is not looking your child as dependent or looking your child as a totally new application?

We just recieved my husband's Biometric's appointment letter for 8/21/08. Does this mean we won't have to re-interview? How long after biometrics is the 10 year green card received?

Thanks in advance!

~Liz

Biometrics is only a procedure during I-751 (same as the I-485 they took your fingerprints and the picture...so tell your hubby that be pretty! ) has no link with interviews or not. You can get call for an interview randomly...

Since you filed in TSC...which means that your file is in VSC, is looking around a year or so. Check the timeline at VSC filers, finally is moving though right now is on Sep07's.

Good luck.

Have you done an INFOPASS lately? I will suggest that do one now and figure it out if it's true it was sent to your local office and see if they can tell you that indeed you are schedule for an interview.

I know...it's gets tiring at this stage but there are not really many options available.

Actually what should be done is that regardless of a divorce, the US citizen should appear at the interview (in the case of one)

This is kinda how I feel. If the US petitioner shows up, regardless of how the marriage ended up, should count for a lot. The original purpose of the conditional residency law was to prevent the alien from tricking the USC for immigration benefits. If the USC is happy to show up and say everything was kosher, move on, otherwise increase the burden of proof.

Ok, so the giant gaping hole in my logic is that some USCs will start a scheme to take advantage of this, or if the marriage really turns sour, they could (figuratively) burn the alien, but USCIS could always use their current requirements for such exceptions.

For the system the burden is and so far will be always on the alien, not the sponsor even the alien is here because there is or was a sponsor. Normally they (in their short minded logic mentality) is that if things did not work regardless that you spend three years of your life here, having a comingled life, not even talk about the period that if you were a professional could not work until your EAD was given to you or be able to drive (since you know how to because you were not in a bike/foot in your home country) because some retard in a DMV says that you can't because they don't understand the paperwork given by USCIS, etc etc...apparently after all that, having kids, contribute to the economy and make a new living and after all your effort and sacrifices...you should back pack your stuff and like those three years never existed in your life and with all that your happy USC sponsor can just sit down and relax. I am not saying that plenty of people that abuse of the system and that is why we are where we are, the system is not good at "specifics"...so if one make a mistake we all will pay the price...a high one. Pity but true. I just will wait...I received today my biometrics appt and see...if I get call for an interview I will prepare myself with all the evidence that I have which are plenty I don't know if they are "plenty" for them...but if they are not convince there is nothing else I could do. My ex is getting ready to be deploy to Iraq in the next couple of weeks...and he is not talking to me at all and he very well has told me he give a big F about me in this matter...and funny, because of ME he got a better place to live and money in the bank so he can continue having such expenses like talking with strangers over the internet.

Hi sorry for disturbing hope anybody here can reply any of my questions, since my husband and I is already divorce I am a little confused on filling up the papers on I-751 what name should I put there my single name before or my married name to him since we are divorced?

Is anybody here know or have any example of the cover letter for self-petition?

Hope anybody can tell me if the following documents is enough evidence to proved that we marry in good faith.

1. Copies of the passports and my green cards.

2. Three sworn affidavits by U.S. citizen friends, attesting to our relationship and marriage.

3. A partial copy of our 2007 joint US tax return.

4. Holiday or Greetings cards from the member of the family and friends.

5. 14 pages Photos of us together.

6. Copies of my credit cards and statement with married name on it and a copies of his credit cards and with statements on it. ( American Express, Master Cards, Discover Card and Sams Card).

7. Joint bank accounts in Philippines.

8. Our marriage License

9. Copies of our final divorce decree and SSS no.

10. My driver's license

Please anybody can tell me.

To change your name back to your maiden name is your personal choice. You can do it if you want , I did it...and I am very happy about it and I change my address too.

I just did a letter, like a formal letter base in a cover letter that I found I think over here, do a search or google it, explaining in general the situation and why we got divorced and things that happened (not specifics) and attached even my marriage counseling letters from my therapist (that is in my personal case) and then I list the things that I included.

Don't get "partial copies" , get the transcripts...they are for free and they get in less than 10 days in your mailbox. Ask for every year that you have been filing jointly. Do you had joint bank accounts, utilities, etc in the US? you say the Philipines did you were living there all the time?

The affidavits are fine...but you need to show most of the comingle financial life that you two had.