Boiler

You have been married 3 years according to my maths. They may also be looking at how long you visited.

Now Rapin 0

I have no respect for the system, but then who does. You mentioned Hacking, he has regular tirades against USCIS, he often uses non VJ friendly terms when referring to them. I think it is amusing that with the extended processing times many people are entering after 2 years and avoiding RoC, in fact only today someone was advised to delay their entry by a few days as they were nearly at the 2 year mark. Now I am sure scammers know this and plan accordingly, well the more clued up ones do. I have seen that mentioned a few times. Now we have no end of disappointed Spouses wanting to report fake marriages, from what I have seen most stay disappointed. So who does RoC impact, mainly those who adjust, those who have married live with their spouses have gone through the adjustment process usually having waited for some time to do so. Who does it not impact, those going through Consular processing, many of whom have not lived with their spouses for any length of time and enter 2 years after the date of their marriage. You will have to look long and hard to find people who were not able to remove conditions. Anyway if the intent is to catch scammers this is a very bad use of resources. I tend to focus more on the actuality rather than the theory. Nobody here makes up the rules.

Probably coincidental. I did notice Lizzo's sales have taken a tanking. https://www.thedailybeast.com/lizzo-was-never-as-progressive-as-we-wanted-her-to-be But perhaps the question shouldn’t be how someone like Lizzo could ever engage in this sort of behavior. The better question is, why were we so convinced she was a politically progressive artist in the first place? To be fair, that idea didn’t come from nowhere. Starting with songs like “Truth Hurts” in 2019, Lizzo successfully paved a path to superstardom as a big, Black woman preaching self-love: something that is absolutely a political act in and of itself. But although her existence in the mainstream may be a comfort to those who crave representation, calling her music itself “progressive” has always been an act of forced projection. Live by the woke die by the woke.

I assume they are waived because it is all a bit of a farce, I find it difficult to believe that applications now are much more complete. Obviously neither of us really knows. Do not think they have said why, and then not sure I would believe what they say is the real reason. It is what it is. Why are you forcing an interview if you are separated, you previously said it was not relevant, Married or Divorced. This is what it says: If you are in Divorce Proceedings but are not yet Divorced If you are still married, but legally separated and/or in pending divorce or annulment proceedings and you filed a waiver request, we will issue a Request for Evidence (RFE) specifically asking for a copy of the final divorce decree or annulment, if applicable. If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and you filed a Form I-751 jointly, we will issue an RFE specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing Form I-751 treated as a waiver. After we receive the final divorce decree or annulment within the specified time period, we will amend the petition to indicate you have established you are eligible to apply for a waiver of the joint filing requirement based on the termination of the marriage. Now to be fair it does not talk specifically about if you are in divorce proceedings and have not filed a waiver. We tend to talk about Divorce Waivers because it is the easiest option, there are other ways that do not require a finalised Divorce. You may request a waiver of the joint filing requirements if: Your deportation or removal would result in extreme hardship; You or your parent entered into the marriage in good faith, and not to circumvent immigration laws, but your spouse or stepparent subsequently died; You entered into your marriage in good faith, and not to circumvent immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition; You entered into your marriage in good faith, and not to circumvent immigration laws, but during the marriage you or your child were battered or subjected to extreme cruelty committed by your U.S. citizen or lawful permanent resident spouse, and you were not at fault in failing to file a joint petition; or Your parent entered into the marriage in good faith, and not to circumvent immigration laws, but during marriage you were battered or subject to extreme cruelty by your parent or your U.S. citizen or lawful permanent resident stepparent.

Timelines here generally tend to be looking back, looking forward is a guess. I doubt they will get quicker but I have been wrong before. Getting deported seems highly unlikely, plenty of Divorce Waivers here, none had been deported. And if you think removing conditions is long well. Also IJ's do not like being messed around with this sort of case. Divorce is a State issue, you do have the I 864 in your back pocket and if she is logical then she should want to do everything to enable you to obtain Citizenship. She may need reminding.

In the era of interviews if you sought to remove conditions whilst you were separated, still married maybe still living in the same house would you be approved? My recollection is that your case would be put on hold pending submission of a Divorce Certificate. And filing with a Divorce Waiver. If it is not an issue being separated etc why is there an issue notifying them, if all is good why is this an issue?

We have had loads of divorce situations on here, not one has led to Deportation. Now if you have an example of a good faith marriage that failed before the 2 years and the person was deported I am all ears. I personally consider RoC a waste of everyone's time, by definition if this something you take seriously who do they waive interviews, have they ever waived a N400 interview? Why do things come up at a N400 that a serious review at the RoC stage would have addressed? I am ambivalent about switching to a divorce waiver or filing a new clean case. I can see arguments both ways. I do see the issue of a 10 year GC being issued whilst going through the Divorce process on the basis of a current valid marriage problematic. Certainly if they issue the card before you notify them of what is happening. Previously it could not happen, now it can and it seems nobody considered this.

The only clear way of bouncing between the two is to have Citizenship in both. I can pontificate about how people have managed to skirt the regulations in the past, I do not know what could happen in the future. Obviously just using the term Permanent Resident, and couple it with selling your House, Cars moving to another country and getting a job there does not scream you are retaining your US Permanent Residency. A lot depends on how long you will be gone, months and well who would notice. Also a lot depends on your risk tolerance.

Nothing mentioned that she would not be eligible to use the VWP, and there certainly have been people here who have done so, all the ones the come to mind are from the UK, Singapore should not be different. And of course we have had member I think mainly Parents who could not get a B and obtained a GC surrendered it and then had no problem, very clear evidence you do not want to immigrate.

A Divorce Waiver is extremely unlikely to lead to Deportation Court. I favour the clean route, no way I would want to try and explain this at a N400. With or without an Immigration Lawyer present. RoC seems to be one thing, N 400 they usually take much more seriously. Do USCIS staff have Law Degrees? Some must. I had assumed most do not but do not know.

Nice day, I have a beer, so instead of my usual short answers sit back and enjoy a rare Boiler special. Hacking for those who do not know is an immigration Lawyer and has a show on You Tube, usually around 4pm Central Time and they last about an hour. I guess he averages 3 or 4 a week, he has over 400 now and they are not indexed so no way of searching for the stories. He has the usual boring stuff which I tend to fast forward through and some classics of the type that used to be such a feature on VJ. I certainly have not watched all of them. If memory serves me right Hacking has been a Lawyer for 14 years, his wife who is Egyptian seems the brains of the operation, I think she used to be a Immigration Law Lecturer. She has appeared a couple of times. Hacking seems to specialise in Mandamus, also attends interviews but not sure if he does much day to day stuff. I think he is more PR/Marketing/Management. Anyway the one I am thinking about was earlier this year, this guy called in asking about WoM and then working backwards it all came out. I think he was from Serbia or somewhere close, he had come to the US on a B, married a USC got his GC and then filed to remove conditions. He also filed N400. So they end up divorcing and he is legally divorced and receives his 10 year GC based on good faith marriage within a few days of each other. Now if he had stopped there all would have been good. But he goes home and marries his old GF and wants to bring her to the US. So he also wants to naturalise partly due to the 5 year requirement. Anyway so he interviews and these dates come up, so multiple issues. He hears nothing, so what to do. A WoM is fast forward button essentially, gets them to act. But do you want them to act. What would happen with the red flags a flying. None of this used to be an issue, you are interviewed with your spouse to remove conditions and if you turn up without them they will ask why and if the answer is well we are getting divorced end of interview, file with a Divorce Waiver. Obviously this is the sort of situation where the Lawyers make the money. Hacking was shaking his head and wondering what they would do, after all none of this is in the Regulations, there is no this is what happens as it should not happen. My personal thoughts is that they would take the view that the 10 year GC was incorrectly issued and he would need to remove conditions with a waiver starting again, they could of course take a nastier view. Possible misrep change, Good Moral Character? Now he was not able to go back in time, this case is very different, no need to go down the rabbit hole. Especially as the OP wishes to Naturalise.

I think we had one last year where the person was clueless near the end of September and it was sorted out in under a week. So they can do it.

There a possibility of expediting it. The good news is he knows now, we usually see this after the beneficiary Parent has obtained their Immigrant Visa and they are wondering what happened to the child.

She can always file a I 407 and you can petition her if you decide to move to the US

You can fudge it but at some point this will become difficult East to tell you what is clearly ok, when you want to stay near the line much harder

Why does he need a lawyer if it is not a problem?

I assume you got lucky, happens, begs the question why you think everyone else would get lucky. Hacking I have seen bounce around on this issue, last time I saw him comment we have similar views. I forget when it was now but one of the classic calls was somebody who did exactly this, to complicate matters that person was also sponsoring a new wife. He was in trouble. I did notice last week somebody sent him dice, this is a dice issue, why would you want to roll the dice? There is a clean route.

You are horribly wrong.

I never said it was your intention, just that the replies you initially obtained were on the basis of your saying you had a 10 year GC. Much cleaner that you do not. You can sort this out.

I think we have been misled. Might also consider withdrawing the I 751 and filing a clean case on the basis of divorce, a case where a quick and clean divorce would be beneficial, especially of it comes with a statement that the marriage was initially good and just did not work out. No

No this.

When did you receive your new GC?

Be aware they make mistakes, that has happened to quite a few people who were issued a 2 year instead of 10 year.