resilient

Green Card finally in hands, it left their facility on Dec. 8th and arrived today the 14th after going to the wrong post office yesterday in a neighborhood nearby...

FYI - I saw all this with the USPS tracking number provided by them which I requested by phone to a second-tier operator as I found out in the forums here that they have this new service since last May.

sorry to hear, fizzapal. good luck in your interview, just keep calm and all will go well.

FYI: finally got my tracking #, but just so you know it is different than let's say FedEx ones, where you can track each stop it's making. The only two pieces of info it apparently gives you is

1. when it left the original sort facility (in my case, Dec. 8th), and (hopefully):

2. when it was delivered to your place...

So I know it's on the way but I have no clue which day it is estimated to arrive or where it is right now.

If I knew about this new feature before, I would be calling them to inquire 2 weeks after getting my original approval notice at the end of October... (as they recommend at their website). This way I would have known for sure that that the card hasn't been produced back then and would have booked an Infopass earlier than I thought I could (attendant kept saying I had to wait a whole month from approval notice... which is not true).

oh sorry, only saw the posts on page 2 after replying to the question you asked me on page 1... seems others have already said the same things I state above.

Two links for the law:

Two links for the law:

1) USCIS page for Conditional Permanent Residence states the applicable law for conditional residents:

--

I haven't dissecated this Section above though, what I said was actually based on reading the boards here and many articles online as the one below... I hope someone can give you a direct link to a USCIS law or memorandum:

"When permanent residence is granted conditionally to an alien spouse, that conditional permanent residence may be terminated within two years from the date permanent residence was granted if the marriage has been terminated through divorce. This rule also applies to the child of the alien spouse who obtains his conditional permanent residence based on the marital relationship of his parent. In other words, the general rule is that divorce terminates the conditional permanent residence. Nevertheless, in this scenario, it is possible for the alien to obtain a waiver of the termination. A waiver of the termination is granted to the alien if the alien can show that the marriage was a union in good faith and if the alien was not at fault for his failure to file the joint petition to remove the condition. (...) " http://www.divorcene...n_and_divorce#b

Thank you for the advice, guys.

About the legal status: in the affidavit form that my husband signed when he filed the petition for the first green card there's a note that divorce doesn't stop the action of this affidavit. If I was out of legal status immediately after the divorce why to mention that affidavit is still valid after the divorce till the time when the green card expires then?!

Besides where is the note that says that after the divorce you must to give the greencard back and it's not valid anymore? As I know I CAN give it back , but I didn't know I MUST give it back. Is there any document that says that? I am not trying to persuade you that I am right, but if you say that I am out of legal status I'd like to know the number of the law record to read it by myself. So far all I have read is that I can apply for another greencard with a waiver or go home after my green card expires but I haven't read any notes saying that I MUST apply immediately after the divorce and I am immediately out of status after the divorce.

you guys are completely right. after reading your answers here, I called them and asked to get the tracking number and a tier-2 agent. they do give you a tracking number, if your card has been really produced. mine hasn't... agent said from the day it's ordered - at VSC in my case, it takes about 3 days for the contractor in Kentucky to get the notice or whatever it is, and then he produces the card. they told me to call again on Monday as they will only have a tracking # when the card is really produced and sent out. what a shame they don't send this tracking # automatically instead of leaving people guessing and anxious...

thanks for this update guys, I don't think it's been widespread...

Yes you're right you can get a tracking number for the GC. I was able to track mine as they send it via priority mail. A tier-2 agent gave the tracking number to me so I was able to track it.

Certainly no tracking number... USCIS doesn't do this kind of thing. If all goes well you should be getting your card in a week or so.

If you don't receive it soon, it's probably because of the same situation that happened to me: although my case was approved more than 30 days ago AND I did receive the "card production ordered" email, I learned today from an IO officer that as I suspected, my card in fact has not been ordered. He had to order it today. It's quite annoying specially if you have to travel abroad as I did last week... they don't accept the passport stamp and always end up sending you for further confirmation that the stamp is "real". Go figure...

This non-production issue unfortunately seems to be quite common, as it's also one of the options while booking an Infopass. Unfortunately they won't let you question it until a month has passed, even though you will sense if your card has not been ordered. In my case, I have to wait one more month now to get the card... Hope your card reaches you very soon!

Have a look at the timelines threads here (such as I-751 _month_ 2011), it seems people are being approved in a reasonable time... although VSC seems to be taking a little longer in general. I would trust the timelines on this board more than local/community newspapers... I understood exactly what my expected timeline would be just by following other's timelines here.

- Here's a link to USCIS brochure on re-entry permits, in case you haven't seen it: http://www.uscis.gov/USCIS/Resources/B5en.pdf

- And here's a link to the re-entry permit form: http://www.uscis.gov/files/form/i-131.pdf

In the form you will see that in Part 4 you have to fill "Information About Your Proposed Travel" / Purpose of Trip.

I don't know what the acceptable list of Purposes is, but I heard i.e. that if you ask for permission to study abroad, you can leave for up to 2 years with no issues (hope someone can confirm this). Perhaps your husband is interested in doing a post-grad or so while working abroad? I guess it may help with the re-entry permit.

I am also interested in this subject, it would be great to get a few more answers, specially on the Trip Purpose issue.

The reason you have legal status during conditional residence is because you are married. If you are no longer married, you lose your legal status. That's why everyone is advising you that if you would like to stay, you should remove conditions. If you would like to be in the US without removing conditions, you should leave the country and return with another visa (tourist or so). Technically you do not have legal status if you stay here having divorced.

I don't understand why I HAVE to remove the conditions as soon as possible. If the green card was granted for 2 years and the marriage was not a fake I must still be legally in the US till it expires. The reason why I didn't file the petition for removing the conditions is because I wanted to see if after the break our relationship with my ex-husband would have another start and then we would act according to the law in the situation we are in. How come I MUST either remove the conditions myself or go away immediately if the green card is still valid? I can't find legal information about that, the question was if I am supposed to inform USCIS immediately about the divorce like after changing the address or it is not a must and I either go away or inform about that when remove the conditions filing my own petition.

And I am not trying to hide anything. I honestly informed them when I changed the address, wasn't sure about the requirements concerning the divorce.

as I suspected, the IO told me today at the Service Center that although I got more than a month ago the approval message and card production order, the card has actually NOT been ordered...

I kind of knew it after I didn't get it after a week. GRR. so did order it now... said I should get it within a month... again, one more month waiting. why this is so common? can't they just make sure that they really order the card when they approve a petition? he was a really nice officer and suggested to give me a 1-year passport stamp. which I took although I know it's not worth much - I was on vacation abroad and when I arrived here this week, I was grilled again, for the second time this year, although I had with me: 1) the expired green card; 2) a xerox of approved petition/NOA; 3) a stamp in my passport. contrary to what I've been told by officers and on the phone by USCIS itself, all this doesn't help - they still send you to another room where you wait for more than 1 hour to confirm your stamp is "real". meaning, it's not worth anything... ahh...

Yurika & Jim, please update my Approved date to 10/21 - that's the real day, only my lawyer received the NOA with Decision date and only sent it to me today :/ I'd like to show the difference as it seems to show that they had to make a decision within 6 months from when they received my decree. Thanks!

blue123, good luck with your petition. It seems they have lost your decree (and not that they didn't accept the document you sent).

yes sure, keep telling people to lie to USCIS. way to go! we are not talking about "people" - we are talking about OP. and OP stated he hasn't seen his ex since Sept. 09. that's 2 years+. do you really think he is working on his marriage? please.

OP should file for divorce ASAP and get the ROC package for USCIS.

hey, you with the "cute bear": can you please stop responding to my posts? I will do the same. this is not about me or you(r pride in the board), it's about the OP. have some respect here.

btw, I just applied with a Waiver, so don't tell me I don't know the rules, LOL! it's a bit pathetic... let's put it this way: I KNOW EVERYTHING about the ROC Waiver, I've done it myself and with lawyer's advice. I am not guessing anything here, or giving my opinion, I am telling as is. I am blocking you, as I simply don't agree with the things you say, so don't bother answering.

No he doesn't. Seriously. You are completely wrong. Some people don't like to divorce asap for several reasons. That isn't illegal and you stating such is so SEVERELY wrong, not to mention inappropriate. People have even been approved ROC whilst ADMITTING in interviews their relationships isn't perfect, it's rocky but they're working on it. IT IS NOT ILLEGAL!!

In the OP's case, where he still has a YEAR to ROC he gains nothing by filing now. If he was already in his 90 days (which is what he said but what his timeline says isn't the case) then yes, he should file now. As he still has time, he is better off waiting. Especially as we don't know what sort of laws his state has re separation or how long the divorce will take.

hmmm... sorry, wrong again.

according to USCIS rules, if he no longer intends to be married, he has to file for separation/divorce asap and notify USCIS, even if his marriage broke after 1 month of marriage.

I am not being arrogant, I am sorry if you got offended. I am just against giving opinions with inaccuracies without really being familiar with a specific subject.

I am sorry but I don't intend to go over every point you called out... I respectfully disagree with your points of view and I just don't like it when people throw wrong things out there just because they have time on their hands and end up messing with someone's life.

good luck.

I totally agree. It's just common sense. IO are humans too, of course seeing a couple with children affects something.

I don't care if one or two psychos did do it to evade immigration law... the proportion of crazy people who would do it for immigration only must be super small and they probably put a strong case together anyway if they want it so desperately. and btw: leases, joint accounts, tax returns also don't prove nothing. so what? no any single document proves anything really... it's a combo of what is submitted. and USCIS had to find acceptable documents that, although don't really prove anything, at least covers their back somehow... the only way they could know for a fact a couple is legit is following them 24x7... (virtually impossible)...

so - denying children prove something is in fact just useless discussion...

In my opinion, having children is probably an additional good piece of evidence.

IMO I do think having a child together tops the list. I know a couple who walked into their interview in Texas with a joint lease (very current), a few pieces of junk mail, some photos and a 4 month old and the IO literally said, "you have a baby together so I won't ask you any questions... Unless you want me to (smile)."

I think that people engaging in fraud (where the USC gets paid or is just 'helping out') WILL ABSOLUTELY NOT PRODUCE A CHILD to gain benefits. That just does not make sense and most people know that. They may do EVERYTHING ELSE but not commit themselves to the person they are using for a lifetime.....

Having a child at the very least shows that there is an intimate relationship. Your lease or tax returns doesn't prove that....

At any rate, any one peice of evidence can be fabricate, I just think that a baby (life altering) is a little more extreme than just going to the trouble of opening bank accounts....

No one can say for sure what a particular IO values the most, but I think it would be hard for me to look at a couple with 2.5 kids together and say, 'well that only proves you had sex a few times.... '

The only way to file while still married is to claim abuse. Which isn't easy to prove. The only other way is to file as divorced (or in the process of divorce).

Wrong. Vanessa&Tony, please be careful with accuracy. If you don't know the law, it's best not to answer - you can be changing someone's life giving inaccurate answers.

He can file while still legally married. I did, while I was legally married but separated.

You should start divorce ASAP. Once you are divorced you should file ROC immediately.

Wrong answer. He doesn't have to be divorced yet to file. Please refer to the Memorandum link I provided above.

There's no additional form but it's worth writing a cover letter stating the reason you are applying for a Waiver and if you are including a divorce decree and proof of bonafide marriage, or if you will have to send the divorce decree later, etc. Here's a note on VJ on the Waiver - go to section 7.11: http://www.visajourn...conditions.html

If you don't have the decree yet, refer to the following Memorandum, which states the timing to provide the decree: http://www.uscis.gov...tion_3apr09.pdf

My marriage ended, I have a 2 year greencard. I read that if there was a divorce you can remove the conditions and apply for a 10 year old green card using a waiver. I don't understand what a waiver is? Do I just have to fill in the form I-751 and mention that I am filing myself after the divorce or there's any other additional form I have to fill and attach?

I am sorry if it sounds silly to the "professionals"

Thank you for the answers in advance.

Here's the 2009 Memorandum on I-751 Filed Prior to Termination of Marriage - have a look: http://www.uscis.gov...tion_3apr09.pdf

It allowed individuals who were not divorced yet to apply for a Waiver.

In my case, I could apply with a Waiver as we were both Legally Separated and we also had entered Divorce Proceedings at the time I had to send the package - although I did not have the divorce decree in hands yet. When does your window for sending the package closes? Are you going to be Legally Separated or Divorced by then? My understanding is that you have to be in one of those 2 situations at the moment you send the package - someone correct me if I'm wrong.

Greetings all,

I'm about 3 months out from having to ROC. I arrived in the US in August of '09. Shortly after (after 18 months of separation through the visa) my Wife informed me that she no longer wanted to be married. She skipped off to work on a cruise ship and I re-located to Seattle from LA in pursuit of work.

We are still legally married, however, I have not seen her since September '09. Will I still be able to process ROC even if we begin our divorce filings prior to that?

I do remember hearing a while ago that it is possible for this to happen. Just wanted to hear from those who have been there / done that.

BTW, I came in on a 2yr Conditional GC

Many thanks!

15 days already and still didn't get my card in the mail... =( ahhh... I want so much to finally see it and have it in hands. specially because my conditional one was in the old version, and also because I am going abroad in 2 weeks and my old one is expired.

JimVaphuong, your answers are always PERFECT and straight to the point! I mean it. I was talking about other posters...

I never guess.

Yes, an LPR can self-petition for removal of conditions based on divorce but before the divorce is final. As Okalian pointed out, a memorandum issued in 2009 instructs immigration officers to send an RFE if the divorce decree isn't included with the I-751. Prior to that, it was standard procedure for USCIS to simply deny the I-751. At the time the OP created this thread, it appeared that USCIS never did receive a copy of his divorce decree.

If you think USCIS never tries to correct a previous mistake they made then you're mistaken. If they approve a petition, and then later discover that it should have been denied, then they'll revoke the approval of the petition, as well as any immigration benefits that have been approved since the petition was originally approved.

I was reading this 1 year old topic and I think some answers here are totally misguided. I think when someone is not sure about their answer, it's better NOT to answer - you just confuse people!

"I entered into the marriage in good faith but the marriage was terminated through divorce/annulment."

My point is, if you are not sure -- please don't guess-answer!!! come on, really. why do that??? And why recommend to the OP to see an attorney? If that's your recommendation for a case that is not even that serious, why be here answering questions? People know they CAN see an attorney. I don't mean to be mean (lol) but... Please!

Regarding making any kind of a judgment, way over my head, see an immigration attorney.

wow, rabbit75. =(

that's so overwhelming, I am really sorry you had to go through this. I don't know, maybe it's just the normal procedure they are taught for when there are red flags in the application, or something like that? it sounds pretty mean... I wonder if they HAVE to do it like this, or it's just something they are kind of instructed to do in order to squeeze things out of people if there is really something wrong. in any case, it seems like it ended well but it must have been quite traumatic - (((hug))). after hearing your testimony, I am "happy" the therapist I went for months and months after the separation (to try and heal from the breakup) wrote a letter talking about my meltdown, which I sent with my application.

hi everyone. I just had my I-751 ROC Waiver (divorce) approved.

I know it's too early to think about the Naturalization process (will only be able to apply in 2 years when I complete 5 yr LPR), but I would like to know sooner than later if I can get rid of my and my ex's memories together. i.e.: will I need, once again, to prove to immigration that I had a bona fide marriage AGAIN in 2 years? I understand that it might be good to keep most of the stuff in a box hidden deep in the closet, but honestly... I suffered so much in this process that I'd rather get rid of most stuff I can. - i.e. if I have everything scanned, do I still need to keep originals of documents to prove the marriage's bona fide etc, having in mind the N-400 process? should I keep printed photos so I don't have to print 100+ photos again in 2 years, or can I just burn them and try to forget everything? some of you might understand the nightmare... :/

I will slowly migrate to the N-400 forum to see what documents need to be submitted, but in case someone here knows if proof of bonafide marriage has to be submitted, once again, for when I complete 5 yr LPR and can apply for Naturalization, please let me know!

thanks!

p.s. I understand I might need to keep documentation IN CASE something happens along the way and I have to prove it was all bona fide (i.e. immigration suspects something due to whatever issue comes up as I've read around here) but my question is more specific to the N-400 process. thanks again.

hi, I am sorry that you're going through this delay after all you had to go through with your ex. I know how it feels

you might want to check our Removal of Conditions - Waiver timeline at: http://www.visajourn...e/page__st__465

I studied what happened to everyone like us so I could understand the possible timings for my own case. for me, after I sent documents that I knew were missing at the time of filing (divorce papers not concluded yet), it took them 6 months to review, in a total of 8 months for me since the day I mailed the package. but they did not call me for an interview. From analyzing the timeline, you will see that there are more or less the same timing for similar cases - i.e. 3 months when there is nothing missing, 6-7-8 months when there is something missing and they send a RFE, and so forth...

Did you guys have a signed lease together? You might want to gather more stuff like this or really anything else you can find from your time together in case they do call you for an interview... print screen shots of this video you have together or so. Your docs seem more or less like mine, but I also sent the lease one. Good luck and hopefully you will be able to move on with your life soon.

thanks guys - Yurika & Jim: if possible, I think you should put beside my timeline the following note or something similar: "(mailed missing divorce decree on 04/22/2011)" or "(decree sent: 04/22/2011)"

RESILIENT.........03/08/11......03/09/11......04/04/11................10/31/11..(Divorce) (decree sent: 04/22/2011)

...just so future filers understand why in my case it took longer for approval than the traditional 3 months, when there are no missing documents...

it was sort of a RFE, although I never received a RFE, I sent the missing docs before they had the chance to send me one... so it took 6 months after docs were sent. thanks and good luck to all!