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Meawmeowmeoe

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  1. Like
    Meawmeowmeoe got a reaction from Mike E in Removing condition GC got denied   
    I sure appreciate all the input that everyone has given. As far as pictures from original post goes, I have removed them because there was his A# at the end of the letter that I didn't crop out, so here is the letter  without that info.
     
    It was a real marriage for my friend and his spouse to those who is wondering. They are still good friends hence the reason why his spouse showed up at the interview and supported him.
     
    My friend definitely didn’t want to lie and wanted to be honest at the interview about the separation. He filed for removing condition when they were still together and had no clue that divorce paper could have helped his case at the interview nor that he had any knowledge about the divorce waiver prior the interview otherwise he could have done so. I agreed that he should have informed his lawyer about the separation , which was definitely a wrong move on his part. The reason his spouse removed himself from the application because the lady who was interviewing them suggested him to do so and suggested that my friend should refile with the divorce paper or try to reconcile. What done is done at this point, all my friend can do right now is to refile the application correctly and filing for divorce.  He is working with the lawyer for the next steps going forward so hopefully it all works out.
     
    Thanks again for everyone input on this, truly appreciate it.  🙏
     


  2. Like
    Meawmeowmeoe reacted to Dashinka in Removing condition GC got denied   
    You should also suggest to your friend to set up their own VJ account.  
  3. Like
    Meawmeowmeoe reacted to USC4SPOUSE in Removing condition GC got denied   
    @Meawmeowmeoe ignore all the fear mongering and tell your friend to refile. Have a great night!
  4. Confused
    Meawmeowmeoe got a reaction from Luciana Sarah M in Removing condition GC got denied   
    They are filing now for the divorce, they went for the interview last month 
  5. Confused
    Meawmeowmeoe got a reaction from PaulaCJohnny in Removing condition GC got denied   
    They are filing now for the divorce, they went for the interview last month 
  6. Confused
    Meawmeowmeoe got a reaction from PaulaCJohnny in Removing condition GC got denied   
    Hello,
     
    Posting for a friend
     
    my friend got denied for his removing condition on his GC due to the fact that he didn’t file for divorce or separation when him and his spouse were no longer living together or together since Dec 2019 and when they went to the interview last month, it was denied at the spot. He didn’t realized that he would need to file for divorce or separation during the process of his removing condition.
     
    what is his next step? Is he allow to work while in the process of filing for appealing or during the appealing process??
     
    i don’t know much about removing condition to give him any guidance. 
     
    p.s. he didn’t mention to his lawyer that him and his spouse were no longer together until right before the interview. I have attached the pictures of his denial letter 


  7. Like
    Meawmeowmeoe reacted to mindthegap in Removing condition GC got denied   
    Cool. Thanks for that info - clarifies a few things and makes it much easier.
    To me, there is no misrepresentation fear here. In fact, the interviewer themselves potentially screwed up here by not asking them if they wanted to switch to a divorce waiver and then subsequently be RFE'd for the final decree when it comes, instead of suggesting the spouse withdrew..... but nothing can really be done about that now...at least not easily anyway. 
     
    So yeah, prepare an entirely new package with as much evidence as possible with the divorce waiver box ticked  - wait for the divorce decree if possible if it is imminent - and get it in. 
    No 'late filing' request is required at all - just get it in, with another payment, and wait for the receipt/extension. They then need to make an infopass appointment for a stamp as proof of status as the extension letter by itself is useless.
    Then back to waiting again....
    Divorce is not a reason for denial either.
     
    The other option would be an I-290B with the divorce decree on the basis of previously unsubmitted information that would have given a different outcome, but this is a) just as expensive as as a fresh filing and b) has an unknown timeline, and c) has a high failure rate, plus a couple of other pitfalls. Lawyer will advise I have no doubt. 
     
    Please tell your friend not to worry - they remain a permanent resident and have laws and processes designed to protect them, that however much USCIS would like them to, cannot simply over-ride at their whim. 
  8. Like
    Meawmeowmeoe reacted to USC4SPOUSE in Removing condition GC got denied   
    I would just start the divorce proceedings and refile. USCIS loves using loaded language on such letters to instill fear. It says that his PR status is terminated and USCIS very well knows that only an Immigration judge has the power to do that. 
    Of course, you could always rekindle the relationship and file again to really annoy USCIS. 
    I am also thinking that the USCIS officer likely cornered the spouse into "withdrawing the petition voluntarily". You can't retract a withdrawal but you can file again. It seems to me that the officer was able to issue this letter because the spouse voluntarily withdrew the petition. The officer had no other basis to do it. Otherwise, they would have had to issue a continuance and switch to a divorce waiver. 
     
    I say refile and go into it with a better lawyer. 
     
    Of note: the letter says you may appear in front of an immigration judge to dispute or review the determination. Do not do that. Just refile as many times as you wish. 
  9. Like
    Meawmeowmeoe reacted to Kai G. Llewellyn in Removing condition GC got denied   
    Okay, no, some iffy advice being thrown out here. OP's friend is not out of status, they remain a LPR up and only until if they receives a final order of removal signed by the immigration judge
     
    OP's friend needs to file for divorce, refile I-751 with the divorce wavier and advise USCIS that the divorce is pending. Provide final divorce degree when it's available.
     
    Failure to refile I-751 will eventually result in a NTA which kicks off deportation proceedings which can lead up to eventual revocation of LPR status and removal from the US.
     
    Despite USCIS's letter, OP's friend still has the right to live and work in the US and is still entitled to an I-551 ADIT stamp for travel purposes. OP's friend should refile I-751 with a divorce waiver without delay.
     
    OP friend should not pack their bags and depart the US if they want to remain here.
     
    It'll be up to USCIS to decide whether the possible misrep is a problem, it might be.
  10. Confused
    Meawmeowmeoe got a reaction from SalishSea in Removing condition GC got denied   
    Hello,
     
    Posting for a friend
     
    my friend got denied for his removing condition on his GC due to the fact that he didn’t file for divorce or separation when him and his spouse were no longer living together or together since Dec 2019 and when they went to the interview last month, it was denied at the spot. He didn’t realized that he would need to file for divorce or separation during the process of his removing condition.
     
    what is his next step? Is he allow to work while in the process of filing for appealing or during the appealing process??
     
    i don’t know much about removing condition to give him any guidance. 
     
    p.s. he didn’t mention to his lawyer that him and his spouse were no longer together until right before the interview. I have attached the pictures of his denial letter 


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