3600rs

Does anyone here have any data on people who have been stoked and ROC interviews? We already had 2 interviews and my wife is not doing so well physically so we're worried about it. Not to mention after our bad experience we would have to bring a lawyer.

Thanks!

Interviews at the local office depend on 4 factors:

1. A quality control pull.

2. The quantity and quality of evidence does not satisfy the service center director.

3. Spouses living far from each other. Military bases, overseas, etc.

4. Waivers.

The guy actually put a name and phone number down...guess you were too late to see that.

Well, my post clearly has no reference to the other poster. The 4 websites I had posted were deleted before. And YES I did see the guys specific lawyer recommendation.

Just curious, did you see my first attempt to pass the links to the OP in removal? Guess not, you were late. The mod was quick.

Anyways I am glad the links have reached the OP, they do not promote any lawyer specifically. thanks for your clarification.

Thank you JaSmiNe1989 for your quick reply. I guess now I have to look for another attorney. I am in New York area, so unfortunatelly attorney you recomend is in Texas. I doubt this matter could be handled from a distance.

So, please everyone!!!. If you know good, HONEST attorney, who has experience with removal proceedings, please let me know. You can send private message.

Ugh.. So tired of being taken advantage by lawyers

www.ailia.com

www.superlawyers.com

www.lawyers.com

www.avvo.com

Miss Mod. the above websites are NOT promoting SPECIFIC lawyers. They are websites for lawyer information in GENERAL.

Thanks a lot for your response. I am going to try and keep it around that.

I agree with rika, but understand its more of the quality than quantity they are looking for. The quality proof should come from the time your got your conditional green card. That said strong financial assets on joint names is strong evidence.

They like to see thick file with quality evidence. Refer to the gary post.

Her continuous repeation leads to self mastery, spending 99 percent of her skills on 1 percent of the topics. The only topic hovers around putting down USC white old men with their foreign Asian spouses.

Good Riddance. Enough of the shallow monotonous long diatribe.

Hello everyone:

My wife and I applied for the I-751 application to remove conditions in 2008, and have still not heard back from USCIS.

Here are my questions:

(1) I contacted USCIS customer service, and they stated they are still processing the application, which not puts the total wait time at 2 years and seven months.

We also updated our address numerous times, but they still continued to have the wrong address on file, until they again stated they updated it.

Is it possible that the 10 year permanent residency card was returned and possibly ready for pickup at the local USCIS office?

Your application is pending, but going to your local office INFOPASS will help. You applied in 2008? what makes u say waiting for 2 years 7 months then??. In cases with a huge delay an interview maybe arranged soon.

(2) In addition, since I am a U.S. citizen, my wife should be able to apply for U.S. citizenship after 2 years and six months of being a permanent resident, while we are married.

Since we are overseas now we have decided to wait until our return.

We had planned to apply but decided not to make the situation anymore difficult by just waiting for the 10 year permanent residency card.

In March 2009, we decided to go for a vacation to visit family overseas, and went to the local USCIS office to have them stamp her passport with the I-551 stamp, to ensure ease of travel. We asked them that since her passport was soon to expire in 6 months, what could we do if we were still overseas?

They stated that you could send the passport back, and have a relative get a renewal stamp.

Is this correct?

Not sure, I don't know if you can courier passports like that across borders. Someone knowledgeable will comment.

(3) We have been overseas now for 10 months because of a work opportunity that I had, and now have plans to return within the next two weeks. As I mentioned in the last question the temporary stamp in her passport was only valid until the expiration of the passport.

She has since gotten her passport expiration extended for four years, and is using the same passport, but could we travel with it as is back to the U.S.?

Yes you can travel

(4) Or is there a possibility that she may be denied entry at the airport?

No

I look forward to your assistance in this matter, and thank you very much in advance!

Trablus

Pot. Kettle. Black.

As has been stated before, some posters have their noses so high in the air that if they walked outside in the rain, they'd drown. Good to see that some here are so blunt about calling such people out when it's deserved, si man.

From the information that the OP presented, I too consider it a stretch to conclude actual "abuse."

There is many reasons it could be like that. Not all of them having to with the USC.

Ever been homesick? It can make you behave and think irrationally. They both need to seek out a 3rd party to talk over their differences with and then make their final decisions. She may not realize that once she leaves she can't come back next week. The Husband will have to file all over for her again. Maybe he doesn't want to buy her ticket cuz he's trying to give her time to calm down?

If he was indeed abusing her, then I feel sorry for her and she needs to get to a woman's shelter and/or her cousins and get ready to leave the country, but from the vague postings we have seen, there is not really enough to show that he is indeed abusing her.

Great posts Mike. What you see here are perfect examples of shallowness and bigotry.

Shallowness and Bigotry are the two beautiful ch**ks cheeks of a ugly lady, the lady whom you don't want to love.

My attorney said I am not in removal. I have never received anything in the mail regarding removal from USCIS and she either.

Thanks,3600rs

Alla, use google to find out about EOIR or immigration court. They have a toll free number. The number can be used to find out if you have a master hearing or not. If your current marriage is true, I dont see any reason why your new AOS will not be approved. The past denials maybe of concern to the IO, but he will have to approve if the relationship is legit.

OK,

What I should do?

- Fill the divorce right now??

&

- Wait for an interview or request an interview?

Please help!!

refer to rika

What I meant is: IF you're in proceddings (if you have a deportation order = proceedings) and get married without knowing it, your AOS is not valid... Don't get me wrong! I'm happy that you're able to have a happy life now with your fiance ! but PLEASE make sure that you're NOT in proceedings... A friend of mine had a deportation order (and she didn't know, not because VAWA, it was for denial politican asylum), she got married and when they applied for her AOS, it was denied and they sent her back home because the proceeding.... I'm just trying to give you an advice, nothing else. I hope you could understand my point

Have a good day....EWTN

If the OP is denied then what could come next is a removal hearing NOT a final deportation order. Removal hearings take long. What you say above does not apply to the OP.

Actually the judge can approve a new AOS if found bonafide in the removal process. There is a huge difference between deportation order and in process of removal.

We are not divorced yet.

I requested a waiver and sent a letter explaining that my husband cheated on me.

I also sent pictures of my husband and his girlfriend.

Great! I don't think that there is any need to worry. You have explained your situation to the USCIS, they are well aware of whats going on. The local office will get your waiver for an interview, that's for sure. You will be asked for the divorce decree anytime during this whole process.

Remember the USCIS will approve your application only because of the bonafide evidence of your relationship. They are not much bothered about whose cheating, or the multitude of reasons for separation and divorce in married couples. At the end they need 2 things: your divorce decree and your good faith evidence. The other things will be ignored.

Chinesemutt

Wanna hire me? I'd love a full time job that pays high.

No, you entertain this board for free. Stay here don't dream of high paying full time jobs.

If you have a full time job.. go do your job instead of attacking people who are having intellectual conversation about life and different cultures.

Seems like your enormous mutt sized intellect about life and cultures has got you no where..no where any close to money and a full time job.

Shani:

The more you post the more your brain develops. Seems that your bigger than a cow, smarter than a tractor with that humble yet bogus comment below. Is food and ** all that you can offer? Go beyond that and you will have a more happier husband. Life is more than food and fcuks.

And lastly, you want a happy husband? feed him and ** him, very simple, lol ! If he's not getting it at home, he WILL get it somewhere else, it's just their nature!

Ricardo:

Great posts giving these narrow minded clowns a lesson in their own circus. These clowns are as clumsy as pigs on roller skates.

I just want to correct an error in my first posting: "We received an intent to deny August 2008 not 2007".

I guessed so.

We have been married for more than five years and when we sent more supporting documents, we did not receive any receipt from INS saying that they receive them and we have proof that shows we sent those documents in the right time.

Keep the proofs that you have handy, a long marriage strengthens your file.

Do you think it is ok to file the 400 even my case is not decide yet?

Yes, you must file for the n400, the 400 will supercharge the 751 processing.

How much do you think a lawyer will cost us if we want to contact them to see if it is ok to file 400 or wait until they make a decision on I 751?

If you married and have enough proof there is on need of a lawyer, file the 400 by yourself. You will be called for the 400 interview, which will let the Officer finalize your joint 751 too. You are with your wife, there is no need to worry. The relationship is true.

Your 751 is NOT denied, it is PENDING. Contact an AILIA lawyer if it gets denied.

Lawyer fees vary with experience. 751 and 400 are 2 separate issues. Your looking at anywhere between 1000-4000/- to refile a DENIED 751.

The I-751 requires the conditional resident to file jointly with her sponsoring husband. If she can't do that, then she can self-petition and ask for a waiver of the joint filing requirement. There are 3 grounds on which she can ask for a waiver:

1. She's divorced. She'll need to provide evidence she entered the marriage in good faith.

2. She's been abused by her husband/sponsor. She'll need to provide evidence of the abuse, as well as evidence she entered the marriage in good faith.

3. She will suffer extreme hardship if she's deported. This has to be hardship far beyond what any typical immigrant would suffer. For example, if she's acquired a disease since arriving in the US that can only be treated in the US. These waivers are rarely granted.

The easiest, by far, is the divorce waiver. USCIS won't approve the ROC until she has a final divorce decree, but she can file before her divorce is final. When USCIS gets around to adjudicating the petition they will issue an RFE for the divorce decree. If she's still not divorced then they'll probably start removal proceedings, but she can ask the immigration judge to postpone the proceedings until her divorce is final.

She CAN file late, but she should provide a good reason why she didn't file on time. The longer she waits, the better her reason will need to be.

Jim has said it all! Great post.

Now I clearly understand the nature of events.

I-751 filled as married living together.

While file is pending we divorce. (married for 3+ years, 06-09)

The joint waiver was denied. Protocol.

Hired lawyer and I submit I-751 alone with support docs.

Great job.

I-751 Response received, need additional support documents, must reply within 30 days, if nothing received within 30 days petition auto. denied.

They found your documents not sufficient, so RFE comes with a time limit. Normal.

Within 30 days, additional support docs sent.

Received Denied I-751 "failed to respond with additional support docs"

Lost in transit, normal. You have the tracking number as proof.

Lawyer contacts local office asking to re-review my case with additional support evidence, provides tracking info that my evidence arrived on time.

As of right now, local office reviewing my denied case with additional support evidence that they claimed never received.

You will be ok.

Hope this resolves any questions.

In addendum to my last post.

Its normal for files and documents to get lost in transit. That's why lawyers like little details of everything, from little stamps to tracking numbers. Small as they seem, they are big help front of the IJ.

At this point I don't even know if my I-751 is denied or pending because when I sent my I-751 (alone) with supporting docs, I got a response back giving me 30 days to respond to their questions and provide more evidence. Which I did, on time. They claim they didn't find my support documents, as if I didn't respond to their request and denied my petition. My lawyer resubmitted all support docs with tracking info that it was delivered on time and now they are reviewing my application again after it was denied

Once again, Merry Christmas people !!!

Well, if your lawyer has submitted the tracking number to refute their claim of non delivery, then you should be ok. They will inspect the documents asked in the RFE and make a decision considering the merits of the case. Your condoned and get a new life. Its not rare for USCIS to make abnormal decisions from time to time.

Shani682, I am sorry, but I doubt you know what you're talking about. You can get divorced and still file to remove conditions. So yes even if your marriage is not good in 2 years or 3 months, it doesn't matter, as long as you prove you entered it in good faith. It is when they suspect that you're lying that you're filing together when you're not or that you entered the marriage solely to receive immigration benefits, that's when the trouble begins.

And, no, you do not just get deported: there is a process and in fact it is not even up to USCIS, but immigration judge.

Sh682:

I agree with you completely.

And its true its not up to the USCIS to deport, its the immigration judge's job. Now USCIS is a part of the DHS, and Immigration judge is a part of the DOJ. 2 different organizations all together. Many common people miss this point time and again.

I agree with you. I know someone who was married for less than a year and still got approved because he proved that he entered in good faith, and this was couple years ago. We initially filed together as husband and wife but later after our divorce and while our joint petition was still pending, my lawyer refilled my I-751 with my husband's support documents.

Sputnik all is not lost. After a denial you get a removal master hearing letter. This is normal and happens in most cases. Your lawyer has 2 options. One, refile a new good faith waiver by addressing the relevant errors in the denial. Or, put in a Motion to Reopen the denied waiver.

If both the above options fail you still have a chance with the Judge. You can ask the Judge to reconsider your waiver taking into consideration the merits of your case. At this stage you have people ready to testify your good intent in court. On the USCIS side there will be the trial attorney who actually shows them the evidence they have to get your deported. Now they better have something concrete to deport you for fraud, failing which it will be a slam dunk approval.

All of you'll get a full time job instead of this elaborate mudslinging and stereotyping. You'll are a bunch of global clowns short of a circus, or fries short of a happy meal.

Your global travel and experience has not made you'll any better in your judgments. Better are those Immigration Officers (not very highly educated) who treat every case fairly.

One may like to stereotype Asians including the notable Philippines as fraudsters, but with that comes hard work, education and progress.

Ask a Frenchman about hard working Portuguese workers, and ask a Brazilian about crooked Portuguese fraudsters.

Well unfortunately things aren't working out the way we planned or hoped. After trying to reconcile some things, we are thinking that separation is the next step. With the lack of jointly owned things or assets, what is the course to take? For example, I own both vehicles (titled solely to me) which have no payments. The apartment is in a "live here and be good" lease-less agreement. We don't have any joint bank accounts or any "shared" debt of any kind. As far as I know and can recognize, there is very little if any shared assets between us.

What I see there are 2 kinds of problems: immigration and separation. Deal with them one at a time, separation first, immigration later.

The divorce would be quick and mostly depend on your state laws as there is nothing shared. Keeping that in mind remember you don't have any shared documents when dealing with the next problem: removal of conditions with a waiver. The worst case scenario your file maybe pulled out for an RFE and/or an interview because of weak documentary evidence.

And I agree to penguin.

If you read the thread you referenced, then you know that this info is a hearsay.

Even if such a law came to be, nobody can answer your question until this law is finalized and announced to general public.

Yes, your right Rika. I posted to condemn that thread in questioned. People like to post wrong information to strengthen their own selfish bigoted interests. If anything will change it will be pro-immigrant.

old dominion...mh i disagree...i am an officer of the state of texas...i guess that means a lot more as i work at the check out at any store...

You will be surprised that very recently a reputed AILIA lawyer was accused of Immigration fraud. Officers or Janitors; all are treated equally. An honest Check Out store person is better than a crooked officer of the State.

No disrespect, but equality exists.

My wife applied for divorce! She is in Michigan living with her boyfriend!! And I'm in different state. I am worried how to remove my conditions on my conditional GC!! Since I came to US we nvr lived together..she's been living with her bf!! We got married in late2007..she came to india to visit me and my family and she applied my case from india...well I'm just worried how to lift conditions...no proofs...but do have proofs when we lived together in 2007... And toms of pics of together... Please help me!!

Thanks

Collect all the pre and post marriage proof. From pictures to all the bits and pieces. Your case is far from normal, so its natural to be worried. The most proactive step you can take is file a waiver. Do this with help of a lawyer since you has been referred to the Fraud Unit, and you'll did not live together as a couple in the US.