Nadi32

Hi Ant,

Thanks for the congratulations! It's a big relief as you probably know.

I'm not sure why I got RFE'd, perhaps because I didn't originally send in photos or affdavits? I had plenty of other hard evidence, leases, tax returns, bank accounts etc. When I went to the interview it definitely seemed like they'd lost some of the stuff I sent in (even from my response to the RFE). You can read my previous post about the interview http://www.visajourney.com/forums/index.php?showtopic=175081, but it was not bad at all. The interviewer didn't know why they had put my case up for an interview, since we had so much evidence. Maybe just because my husband and I are separated. I really don't know. Just the luck of the draw I guess. Anyway, good luck with your case!

Nadia

Hi Nadi32,

Congratulations, Nadi 32, on getting your 10yr green card!

After such a long wait, you deserve it! It's good to know that the VSC is doing something, even if it takes a long time. Too bad though, you couldn't get a refund for the I-751, as you only have the 10yr card for a short time now.

Oh well, onto the next stage of citizenship for you!

Good luck too on your Citizenship application and the rest of your immigration journey!

Ant (Still waiting at the VSC, Still waiting for Baby...)

P.S. If you don't mind me asking, what exactly did you get RFEed for? As well, how was your I-751 interview experience, and what sorts of questions and/or concerns did they bring up during that interview? I'm sure a lot of other VJers would like to know too, as I-751 interviews are quite rare and one never really knows what to expect out of them....Thanks in advance for posting more about that...

I got the card production ordered email this morning - exactly one week after my I751 interview. It's not a big surprise since they told me at the interview that my case was approved, but it's nice to have the email anyway.

Best of luck to everyone else!

Nadia

I got the card production ordered email this morning - exactly one week after my I751 interview. It's not a big surprise since they told me at the interview that my case was approved, but it's nice to have the email anyway.

Best of luck to everyone else!

Nadia

I've posted on here a few times before with questions about what happens if you and your green card sponsor separate after filing for the removal of conditions. Well here is my experience (and good news!):

Timeline:

11/30/2007 NOA for I-751 received

03/01/2008 New Biometrics taken

09/08/2008 Request for evidence received

10/16/2008 Responded to request for evidence

12/15/2008 Notice of interview for conditions removal

01/27/2009 Date of interview, petition (unoffically) approved

My husband and I separated just after I filed the I-751 in 2007. I did not notify the USCIS about this since I really didn't know what I was supposed to do. In September of 2008 I received a request for evidence, which specifically states that if you have since separated you must give details. So I sent in as much evidence as possible of the good faith of the marriage (even things I had already sent in case they got lost) and explained about the separation. We had also just filed for divorce, but it was not (and still is not) final so it wasn't possible for me to re-file with a divorce waiver. Anyway, I was then called for an interview. My husband very graciously agreed to attend it with me even though it was a long drive for him and we are not on the best of terms. We had a long wait at the USCIS (because they lost my appointment letter after I handed it in at the front desk!), but finally the interview itself was very straight forward. The interviewer was very nice, and even said he couldn't really see why they'd sent my case up for an interview in the first place. He told me my petition would be approved and stamped my passport with a temporary year-long green card so that I can travel while my case is being officially approved and the new card ordered. (He said that whole process could take up to 3 - 4 months! I've got no idea why.)

So, it's all over. After all that worry and stress it finally seems to be done (although I will be very glad to see the real 10-yr greencard when it comes!).

Best of luck to everyone else, and if anyone has questions about filing while separated please feel free to ask. It really should not be an issue if you have good evidence that your marriage was real. If you do have a divorce finalized AT ANY TIME while your case is pending (even if it's the day before your interview or something), or before you file the first time, it is necessary that you file or re-file with a divorce waiver, or else you can have big problems further down the line.

Nadia

I have no idea why they called for the interview, I assumed it was because of the separation. Also maybe because we had two weddings? One was later so that my family could attend (they had to come all the way from Australia). I sent what I thought was a lot of good evidence ... leases, tax returns, bills, photos, affidavits. Some of it goes back a long time, since my husband and I were together since 2001, although we didn't get married until 2005. Anyway, who knows the inner working of the USCIS, I imagine whether or not you get called for an interview depends very much on who is reviewing your case.

Nadia

Hi -

I'm worried that my petition to remove the conditions on my GC will be denied due to my husband and I separating since filing the petition. Although our marriage was made in good faith I still worry. I have two questions that I hope maybe someone here can answer for me.

1. The USCIS has called for me to come to an interview about my case at the end of January. If my husband refuses to come to the interview will they automatically deny my petition?

2. I am a researcher at a big university, they will want me to get an H1 visa if my GC falls through. Will there be any difficulties with this?

Thanks!

Nadia

Hi -

I was in the same situation as you, my husband and I separated just after we filed the joint petition. Our divorce is still not final (like yours) and in this case you can do nothing but file the joint petition as usual. In my case I received a request for evidence, which has just been processed, and I've been asked to come for an interview at the end of January. I'm hoping everything will go okay, since everything still seems to hang on the fact that the marriage was made in good faith, which in my case it was and I was with my husband for six years altogether (although only married for 2.5 before separating).

Be prepared to undergo extra scrutiny since you are separated. Also, I think you should be honest with USCIS about the separation. I've heard not telling them (even though it can facilitate getting the green card) can result in problems and even deportation further down the line. This has happened a lot in cases where divorced green card holders have later filed to become US citizens, having not told USCIS about their separation.

Best of luck with your case!

Nadia

Thanks for the responses so far ... it's good to know that at least one other person had to wait around this long too.

Nadia

Hi -

Yes ... my biometrics was ages ago on January 3rd 2008.

Nadia

Hi -

I filed an I-751 November 30th 2007 at the VSC. On September 8th 2008 I received a Request for Evidence, it listed many of the items I had already sent in and it was suggested to me that some or all of the things I sent in my original application might have been lost. In any case I resubmitted all the old evidence as well as additional new evidence on October 16th 2008. I still haven't heard anything from USCIS, and my status online is unchanged. The original RFE notice says it shouldn't take more than 60 days after they receive the resubmission to process the case, but that deadline is rapidly approaching.

I'm wondering if anyone else has had experience with this, and how long it took USCIS to respons to RFE's?

One additional complication in my case is that since my original petition my husband and I have separated (but are not yet divorced). I had to explain this in my response to the RFE. I cannot reapply with a waiver though, since I am not actually divorced. There is plenty of evidence, however, to show that my marriage (and relationship of six years) was genuine. My resubmitted packet included joint tax returns, joint car title, joint leases going back five years, joint utilities, joint phones, photos, affifavits, etc ...

Anyway, if anyone has any experience in a case like this I'd like to hear.

Thanks!

Nadia

Did you get your biometrics appointment yet?

Hi -

I filed an I-751 November 30th 2007 at the VSC. On September 8th 2008 I received a Request for Evidence, it listed many of the items I had already sent in and it was suggested to me that some or all of the things I sent in my original application might have been lost. In any case I resubmitted all the old evidence as well as additional new evidence on October 16th 2008. I still haven't heard anything from USCIS, and my status online is unchanged. The original RFE notice says it shouldn't take more than 60 days after they receive the resubmission to process the case, but that deadline is rapidly approaching.

I'm wondering if anyone else has had experience with this, and how long it took USCIS to respons to RFE's?

One additional complication in my case is that since my original petition my husband and I have separated (but are not yet divorced). I had to explain this in my response to the RFE. I cannot reapply with a waiver though, since I am not actually divorced. There is plenty of evidence, however, to show that my marriage (and relationship of six years) was genuine. My resubmitted packet included joint tax returns, joint car title, joint leases going back five years, joint utilities, joint phones, photos, affifavits, etc ...

Anyway, if anyone has any experience in a case like this I'd like to hear.

Thanks!

Nadia