leash5

California Service Center (29 applicants, 26 approved - 90%)

Green card received today! So fast, after the interview.

Hi all,

Just thought I'd let NYers know that if you are having trouble getting an InfoPass appointment (I couldn't get one for weeks), Holtsville, Long Island is a great option. It's REALLY far, around 2 hours from Brooklyn and involves 2 LIRR trains and a taxi. But I arrived 40 minutes early, they took me within 5 minutes, they stamped my passport with no trouble (I am going on a trip to Canada and my I-797 receipt is about to expire, it will have been more than one year since applying to remove conditions during the time I am on my trip).

So, overall I was in and out of the office in less than 15 minutes. Great, friendly service in Holtsville.

My case status was updated today!

"On August 2, 2013, we ordered production of your new card. Please allow 30 days for your card to be mailed to you."

So I guess that is APPROVED!

Got a text just before midnight that my case status had been updated, "On August 2, 2013, we ordered production of your new card. Please allow 30 days for your card to be mailed to you..."

Totally relieved. Went through an I-751 interview because we are legally separated. Seems we did OK! Approval after 18 days.

To all those of you I see in the forums worried about separation and divorce, if you are being honest, it seems that the immigration process can still go forward.

Thanks for all of your comments and help.

Sounds like they can't make a decision right there, which is quite common.

However if she did provide you with a written response where a 60-day period is printed, keep it and when that 60 day period passes, get hold of your congressman and seek assistant.

If you want and the dates are right, file for citizenship, let them sort it out internally.

Unfortunately, I have to wait 5 years to file for citizenship because we are not living together. But thank you for the congree suggestion, I may do that after 60 days!

I got a silly question... People doing ROC always have interview or is just because of your marital situation? I read a few ROC topics about it but this is the first I read where actually somebody had a ROC interview

I think it's very rare. A few people get pulled randomly, a few if they don't have enough evidence to satisfy their case worker, but I'm sure we were called because of our separation.

have a friend who would spend the same, lasted more than two years to have answered to remove conditions here in nyc, in that office was your interview? in 26 federal plaza?

Yes, 26 Federal Plaza. I think that's the only place for these interviews within the city.

Hi all,

Had my i-751 interview today in New York City. It was scheduled for 1pm and we got called in by a very friendly officer around 1:20.

She swore us in and the first thing she asked was, "I have read your file a bit, what is your situation?" I told her straight out, "we are legally separated." And that was all I said about that. I had all these plans to explain and I completely clammed up, I was pretty nervous.

After that she asked our addresses and dates of birth. She asked when we met. Then she asked to see originals of any joint assets or co-mingling of finances. I stated that we didn't have much from the present as we had a separation agreement and had severed financial ties, but I gave her the very few things we did have from the past. I felt awkward as we had already got an RFE about this and I really hadn't been able to dig much up. I had a Macys card with some charges on it, and then leases, life and health insurance and an IRA. We explained we had not owned a house (not uncommon in NYC). We said we had had a car that my spouse's parents gave us, but we had kept it in his name.

She asked us a bit about our wedding. I showed her a folder of wedding receipts but she didn't want to look at them, or any wedding photos. I also offered affidavits (12!) but she didn't want to see them either. I showed her a letter from our marriage counselor, from the past, and she asked if we were currently in counseling. We said no.

I could kick myself for not going into any helpful detail about anything she asked! I also could kick myself for not bringing out the huge binder of 6 years of photos of us together at every single occasion, cards from both of our parents, photos of our parents together, travel receipts, etc. I WISH I had asked if there was anything we could explain that would help to clarify our case. I felt like we said barely anything, and I prepared so much!

Anyway, then she printed out a piece of paper which had a bunch of choices on it with boxes beside them, basically: "we request more information," or "you are scheduled for another interview," etc. Our box said our case was being held for review and that we would be advised on a decision in 60 days. During this time they might request more information and we should respond in a timely matter, if so.

So, I felt that we left having explained nothing further about our case, thanks to my nerves. I GUESS the fact that we were not scheduled for a 2nd interview or denied outright is good. However, I am frustrated that after all that, we are still waiting. I hope a decision comes very soon!

My opinion is that you should be fine provided that you have all the joint evidence they like: bank accounts, credit card(s), joint taxes, health and life insurance, maybe put both your names on a car if you have one... Maybe you are on the same lease this year? You'll need affidavits and lots of pictures, tickets from visiting each other on weekends or holidays when you are separated. It's not unheard of for people to live apart for jobs, I know a couple of professors who do, and people in med school sometimes do residencies at different places. Any proof you could provide of why it is necessary but temporary, would help too. Good luck!

Hi, what is an "expired Forms I-551" - is that the green card itself? or is it some sort of form?

Hi,

Yes, you only need the expired green card and the letter.

The police academy management really is uninformed (ironic?!) and cannot legally stop you from working. I wish there was a way to have them believe you! Would they maybe look at that link I posted?

You could try making an info pass appointment at your local USCIS office and see if they will give you a stamp in your passport. Explain your difficulty with employers believing the letter.

Good luck! I hope you find a job quickly.

Are you sure! During my interview the lady said that they are only dealing with non expired card....and it was writing on my form that I was disqualify for not producing valid INS record which is passport,card or naturalization or birth certificate......but I was given grace to continue as soon as the card arrived at the last job which start with 7 week training at police Academy!

Of course! It says so directly on I-797 letter they sent when you applied for your ROC. The paper is all you need to work and to travel in and out of the country. It says so directly on it. You can also look that up in many places. I showed that paper with no problem -- changed jobs, and I work at a very large company. I have also crossed the border with it twice.

See this:

http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter16-19.html

"The I-797 receipt notice is an important document. It extends your residency for a period designated by USCIS (normally 12 months). The notice will be your only proof of your legal status after you green card has expired. The notice is a bit awkward to show to employers, border patrol officers, and others, but it really is an official document. You must, however, also carry your expired green card with you at the same time. That's because your card, unlike the receipt, has your photo on it."

And, directly from USCIS:

"Currently, a conditional resident who files a Form I-751 receives a Form I-797, Notice of Action, extending his or her status as a conditional resident for a 1-year period. This Form I-797 also advises the conditional resident that travel and employment are authorized for that 1-year period. Thus, conditional residents with expired Forms I-551, Permanent Resident Cards, may present their expired Form I-551 and their Form I-797 as evidence of their status in the United States."

I was the same way. Almost nothing shared and no tax returns either. But we had a 6 year relationship, a million photos, cards, letters, and trips; 2 big weddings, and we did have leases dating from 2006. I got an RFE and sent everything I could -- life insurance, health insurance, IRA beneficiary, a couple of almost never used joint credit card accounts, a joint YMCA and netflix membership (really pushing it there!). Anyway, it wasn't enough and I have an interview Monday. But oh well... We aren't faking anything. I guess that's the worst that could happen to you and as long as you're in a true marriage, an interview will do you no harm. Credit issues are common in this economy. Sounds like a valid reason to me.

I got RFE which I responded last month but nothing since then....I even lost 3 job interview because I couldnt show my new green card...This is killing me now!

You can legally still get a job now, an employer cannot refuse you for that -- you just need to show the notice that they sent you when you applied for your i-751, saying that your conditional status is extended for one year.

I changed jobs with that paper and it was not a problem at all. Please don't let this stop you!

No message,no mail,no green card......my neighbor even called me post master time keeper!.....Why this is taking for ever...?

At this point, hopefully no message = impending green card approval.

If you were going to get an RFE you likely would have got it already, same with an interview notice. I've gotten plenty of mail -- all bad! Count yourself lucky

The memo you posted has the requirements of what you need to prove in it. Its 4 items.

The marriage was legal where it took place (non issue)

The marriage has not been terminated (obviously not)

The marriage was not entered into for the purpose of procuring PR status (thats a hard one to prove)

No fee was paid for to anyone in conjunction to filing a form besides an attorney or USCIS (again kind of hard to prove)

So starting with the easiest one on the list the money, is there an income gap or disparity between you and your husband? If there is be prepared for them to suspect that you may have 'paid him' for the GC. If he was much worse off before you were married and then his financial situation improved after the marriage and the separation agreement left him with a chunk of money or a car or something thats a huge red flag and you better have an answer as to why and it better make sense and have documentation that supports it. For example. Husband was in an accident and got a personal injury settlement and purchased car with his own money he came into right before settlement was written up, or got inheritance right before separation. Bring the papers to show that that money was his and acquired separately and not a "pay off" as part of a keep quiet separation deal.

So they are going to poke into your financials and his and be looking for things like that to try to see if there are indicators that money was exchanged for the GC and if theres any thing in the separation agreement that indicates that. The only thing you can do is be prepared and bring any documents you think would be helpful to show any assets they may consider to be payment for the card werent by bringing documentation you may have on them and show them if needed. But only show them if they ask. You dont want to over share and flood them with unnecessary things in the interview or draw attention to things they havent picked up on.

The second one you have to prove is that you didnt enter the marriage for the purpose of obtaining PR status. You did have a long relationship before the marriage, which works in your favor but a short one after the marriage when you obtained the card, which works against you. You should bring a lot of proof of your relationship from 06-09 from before you were married and were living together happily and jointly as that was over 3 years and stress that in the interview.

The counseling statements will help but you didnt mention if they are current statements or old statements. The question in the interview would be are you getting a divorce or not. I would be very cautious to say "I dont know." While its truthful, its confusing. A better answer and still truthful one would be- "not at this time." For whatever personal reasons you want to remain legally separated and continue to go to counseling (Im assuming) and rebuild the relationship at your speed.

As long as you can clearly answer the questions and explain the timeline of the relationship from the courtship and the duration of the marriage and you and your spouse are sincere in your emotions you should be fine. Unless theres something youre not disclosing here (another woman or man, large sums of money, criminal records etc) there really doesnt seem to be any red flags or indications that you entered into this for the card, Was your visa expiring and you needed to get married to stay perhaps in 2008/09? If so thats a potential issue but your Canadian so thats not usually an issue because Canadians can virtually come and go as they please to the US.

Hi, thanks for your detailed response.

No, there are definitely no financial red flags (but thanks for pointing that out). My husband supported me while I was waiting for my card and then I got a job that paid a little more than his, but no big assets came to him. We both have good positions at very well-known instituitions. (Also, I have our legal separation agreement, which is financially in my favor.)

I actually sponsored him to move to Canada as a PR (and it was approved) before we applied for the green card -- he changed his mind about going (insert growl face) which is why we eventually applied for my green card, later than is usual, after a year and a half of marriage. Our plan was always to go to Canada, or at least that is what we had agreed upon previously. We have the Canadian paper work, Quebec selction certificate and receipts. He never did land there as a permanent resident, so that visa is now expired. I think this helps with "The marriage was not entered into for the purpose of procuring PR status" and so does the fact that I had already been here for many years on various TN (NAFTA work) Visas-- and could have continued to do so for an indefinite period of time. I didn't need to get married to stay working in the USA. The only time I was unemployed was ironically in order to get a green card. I had to quit a very good job because a TN Visa is a non-immigrant visa -- it ran out while awaiting the green card and I didn't want to chance renewing it because now I was in fact immigrating. (But again, I could have continued to work on TNs if I had not gotten married.)

There was another woman, we did separate because of infidelity on his part. I have proof of that, and I will bring it, but I would really rather not go there in the interview, unless I have to do so. We've mended fences and it took such a long time, I don't want to bring it up and have old emotions surface. I have a print out of that memo with the 4 points you mentioned and I am counting on those. I don't want to play a blame game regarding our rocky marriage in front of the officer (although that would certainly look authentic...). Of course, proof of infidelity goes to show why we separated 5 months after my receiving the card.

So there you have it! Thanks again

I sent my RFE in May 2013. My online status didn't change for several weeks, so I phoned and they said they were not able to see if it had been received over the phone. They recommended I make an info-pass appointment. I did an e-request and I immediately found out that my case had been transfered to my local office. Then, about 3 weeks later, got the dreaded letter, scheduled for an interview.

So: I never heard anything about the RFE.

I filed the ROC last August (2012), got the RFE in May 2013 and I responded within 2 weeks. I got the interview notice at the end of June.

Thanks everyone. I will let you know how it goes for sure -- hopefully my account will help someone else in the future.

As for letters from a marriage counselor, I did send that -- we saw 2, one licensed counselor and one psychiatrist. It didn't seem to help!

Anyway, we dated for 4 years and then were married more than two. I know everything about him and his family, and he does about me. We had two large weddings (have receipts for everything) and have 7 years of joint leases. I'm just going to answer all the questions honestly. I am pretty sure they will be able to tell we were a couple.

I got scheduled for an interview too, on July 15th. I will let you know how it goes. With me, I am sure there is a red flag because we legally separated after a little more than two years of marriage, and we filed our joint ROC honestly, as such. I got an RFE and submitted all that I could, but still got the interview. We did not ever get a letter informing us we had been transfered, we just got the interview letter with only 2 weeks notice.

I'll tell you exactly what happens. I'm nervous, but we have nothing to hide so are hoping for the best.

Wish us luck!

Added myself to Vermont and updated approval percentage. Received interview letter on June 28th for interview on July 15th.

California Service Center (29 applicants, 25 approved - 86%)

I applied August 2012.
RFE May 2013.
i-751 Interview scheduled for July 15th. Gulp!

Hi-

I'm wondering if anyone can share personal experience of what I can expect at our I-751 removal of conditions interview immigration interview in 2 weeks.

We are going to the New York City office. Any help would be appreciated.

We were married for two years and one month and have been separated for two years.

Thank you!

P.S. I can't figure out how to edit my original question but I guess what I'd love is if anyone has done this interview while separated, if they have any exapmples of what they were asked.
Thanks again.

Thank you for your contribution. I did enter into my marriage in good faith and I do still love my husband. Thus, divorce for the sake of an easier petition was never an option for me (I know you weren't advocating that specifically, but I understand it might have been simpler).

Before filing, I consulted a USCIS document from April 2009 that states a petition cannot be denied solely on the basis of separation:
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_%20Prior_Termination_3apr09.pdf

So I am praying we pass! We do meet the requirements. I hope the officer has read this memorandum as well!