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Hello everyone, I have posted before a similar thread but now that the time of my GC renewal is approaching I am getting nervous and I decided to seek some advice to anyone who may know a similar situation as mine. I have been married to my US spouse (wife ) for approximately 4 years and we have been together for 6. Until recently she decided that things weren't good enough for her and she didn't love me anymore. I obtained my conditional GC after 1 year and 11 months. Now the situation is that on January she decided to abandon me and this life and to return to her parents but didn't tell me what her intentions towards me were. I have been waiting maybe she will calm down and return back but it doesn't seem like it is going to happen. I have tried to communicate with her but all I was told from her through text messages is that she doesn't love me anymore and it all was a mistake but she doesn't want to send me back home or try to hurt me in any way( thing that already happened). Now that I have gone through the depression of being left alone although abandoning my old life and coming here for her, im trying to come up for a solution before my renewal date comes. PS dont have any family or anyone in the US, just my wife. Now before anyone start and tell me why havent you filed for a divorce, after some research I saw that even though technically she hasn't been living with me for almost 5 months and are not legaly separated or have started any process to do so. I live in NYC and my renewal date is September 2018. Another thing, I tried to join the army but I was denied because I have to renew my GC. That what I was told by my recruiter after obtaining my exams. I would appreciate if anyone knows how to act in this situations or have similar situations as mine. An immigration lawyer is going to be my last resort. Thank you
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i dont know too much but I have couple friends that they get 10 yrs card with the lawyer and court. Hope everything will be fine for you -
You must indent your paragraphs and hit double space every 3 to 4 lines.Originally posted by Angelo1 View Post
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Angelo1,Originally posted by Angelo1 View Post
Several things:
1. I know I have asked you before but I will ask you again - when was your case adjudicated? That is not the date of your interview UNLESS you were approved on the spot and that same day your account status changed to approved, etc. I am not 100% sure that you were issued the correct Green Card. I am not trying to give you false hopes but it has happened in the past that couples get to the interview shortly before their 2nd year marriage anniversary. The case is not adjudicated then BUT after the 2 year mark, AND the ISO erroneously issues a conditional permanent green card.
2. We need a timeline. Look at my signature and come up with something similar. That way we can give you meaningful advice.
3. What do you mean by "I obtained my conditional GC after 1 year and 11 months"? After 1 year and 11 months of what? That's why we need a timeline. When did you meet? When did you get married? Priority date? Field office? When was your interview? when was your case adjudicated
4. Recruiters will say anything that is to their benefit. They're lying to you. It's the information era. The recruiter manuals are public information. Look it up.
All the best.Comment
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Hello Uscitizenfilingforspouse, Im not really sure about the timeline because it has been already 4 years since I came in the US and im going to give you some approximate dates. I met my wife in 2012 in college. Came in the US in 2014 September and we got married in November 2014.Originally posted by UScitizenFilingforspouse View Post
I began the process in March 2015 after we couldn't find a joint sponsor.
June 2015 case was adjudicated
August 2015 received the four letters
September 2015 went for my biometrics
October 2015 received my EAD
April 2016 received my interview date
September 2016 went for a second biometrics
and end of September 2016 went to interview and was approved
SO my date to renew my GC is 20th of September 2018, and what I meant by 1 year and 11 months of marriage. But I wasn't lucky enough to get a permanent GC. My wife and me started to grow apart and in January she decided to abandon me. According to NY state laws I could have filed a case of abandonment but I decided to wait maybe she will change her mind and this Wass nothing but a spur of the moment.Guess that I was wrongComment
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Was under medication yesterday and didn't pay too much attention to the indention of my paragraphs. Just got out of an appendix surgery, but thank you for letting me know.Originally posted by UScitizenFilingforspouse View PostYou must indent your paragraphs and hit double space every 3 to 4 lines.Comment
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You can file to remove conditions with a divorce waiver.Originally posted by Angelo1 View PostComment
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Didn't start a divorce yet so I dont think I will able to obtain a divorce waiver. I am trying to avoid to get this waiver, and to go to court. Wanted to know if she is going to sign with me will I be able to just remove the conditions as we are still legally married even though we live apart.Originally posted by Timona View PostComment
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As long as you are not LEGALLY separated and have not filed for divorce then file without waiver. However in most cases if the USCIS finds out you are about to be divorced they will sit on the application until divorce is final.Originally posted by Angelo1 View PostComment
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[QUOTE=azblk;563617]As long as you are not LEGALLY separated and have not filed for divorce then file without waiver. However in most cases if the USCIS finds out you are about to be divorced they will sit on the application until divorce is final.[/QUOTE
By any chance do you know if there is going to be a second interview. Do I still need to provide them with evidence that this marriage was entered in Bona Fide?Comment
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Yes you need to provide more evidence of bonafide marriage but this has to be dated after you received your conditional green card. There is really no way to tell in advance if you are called in for an interview - a rule of thumb however is the more evidence you send the less likely you will be called for an interview.Originally posted by Angelo1 View PostComment
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Only if she is also willing to go to the interview if there is one.Originally posted by Angelo1 View Post
This is my personal opinion and is not to be construed as legal advice.Comment
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I mentioned at my first paragraph, sorry about the indentions, that she is willing to g. Neither of us want to go through the trouble of having to go to court to solve this situation. We just grew apart, and want to make it as easy as possible.Originally posted by newacct View PostComment
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Ok, let's cover some basics here. Adjudication = "a formal judgment on a disputed matter". For example: ISO approves yourOriginally posted by Angelo1 View Post
I-485 application. *It sounds like the ISO gave you a verbal approval that day. Sure, that's fine. That does not mean that's the date the case was adjudicated. Often times, the ISO gives that verbal approval but then has to follow a series of procedures to wrap up the approval and that can take time. Sometimes, they also have other cases to finalize. So AGAIN, try to find out the exact date your case was adjudicated. Mistakes happen all the time.
Conditional Green Cards cannot be renewed. You can only file for removal of conditions if you have a conditional permanent resident card.
Regardless of the route you take, you will need to be fully committed to it. It's in your best interest to understand the I-751 instructions. A well put together I-751 package is key in avoiding the I-751 interview. I have pasted the instructions below.
**** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** *
I-751 Instructions
Page 2/10
Evidence. At the time of filing, you must submit all evidence and supporting documentation listed in the "What Initial Evidence Is Required" section of these Instructions.
Evidence of the Relationship
Submit copies of documents indicating that the marriage upon which you were granted conditional status was entered
in ?good faith? and was not for the purpose of circumventing immigration laws. Submit copies of ***as many documents
as you can*** to establish this fact, to demonstrate the circumstances of the relationship ***from the date of the marriage to
the present date***, and to demonstrate any circumstances surrounding the end of the relationship, if it has ended. The
documents should include, but are not limited to, the following examples:
1. Birth certificates of children born during the time of this marriage, if any;
2. Lease or mortgage contracts showing joint occupancy and/or ownership of your communal residence;
3. Financial records showing joint ownership of assets and joint responsibility for liabilities, such as joint savings and checking accounts with transaction history, complete joint Federal and State tax returns, insurance policies that show the other spouse as the beneficiary, joint utility bills, or joint installment or other loans. If applicable, submit copies of military Leave and Earnings Statements showing receipt of Basic Allowance for Quarters (BAQ) with family members and/or Form DD-1172 for military family member identification cards;
4. Other documents that you consider relevant to establish that your marriage was not entered for the purpose of evading
U.S. immigration laws; and Form I-751 Instructions 12/05/17 N Page 6 of 10
5. Affidavits sworn to or affirmed by at least two people who have known both of you since your conditional residence was granted and have personal knowledge of your marriage and relationship. (Such persons may be required to testify before an immigration officer as to the information contained in the affidavit.) The original affidavit must be submitted and also contain the following information regarding the person making the affidavit: his or her full name and address; date and place of birth; relationship to you or your spouse, if any; and full information and complete details explaining how the person acquired his or her knowledge. Affidavits must be supported by other types of evidence listed above.
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You can do this but you have to commit yourself to do it. You can't think "oh, I know someone who didn't send much evidence and did just fine." Just read the instructions. ***as many documents as you can*** from the date of marriage to the present date***.
It's best to show a continuum. That means ALL leases, ALL bank statements - each month accounted for since the date of marriage. Same for everything else.
The idea is not to just throw documents at USCIS and expect they connect the dots and put your story together. You have to do that yourself. That's your job. You should prepare a well organized Table of Contents. It should include all evidence along with a brief explanation for each one that describes what the evidence is proof of. For example:
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Instead of just listing
"Joint lease."
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You would do this:
"- Evidence of Cohabitation:
? Copy of lease agreement listing Spouse Beneficiary & Petitioner as joint tenants at Street address, City, State, Zip Code since January 8th, 2018. (4 pages)
? 2017 CRP, Certificate of Rent Paid issued by Landlord to Spouse Beneficiary for August 1st, 2017 ? December 31st, 2017. (1 page)
--*Of note: serves as documentation that Beneficiary PAID RENT at Street Address. as early as August 1st, 2017 ? before Spouse Beneficiary?s lease started on January 8th, 2018
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What did I do there?
Our lease started January 1st, 2018. My spouse has actually, been living with me since November 2016. The state requires landlords to provide each tenant with a Certificate of Rent Paid (CRP). That certificate is filed with your state tax return. Even though my spouse was not added to my lease until January 8th, 2018., I was able to prove with the certificate of rent paid that my spouse had been paying rent as early as August 1st, 2017.
I've never taken a penny from my spouse for rent. Though, that's irrelevant. The state requires that landlords provide each occupant with a CRP. So before any ISO starts creating fraud conspiracy theories on why our applications state my spouse moved in 11/01/2016 but our joint lease started on 01/01/2018, you address any gap there might be with a clear and succinct explanation.
Here is a very good guide for you. I used this lady's I-751's format as a template for my I-130 evidence. http://www. ******** ***.com/forums/...ws-megathread/
If the link gets blocked, just google in quotation marks "I-751 Cover Letter & List of Evidence Samples (and Reviews megathread)
list of evidence sample" It will be the first result.
Once you get through I-751, I would continue to make nice with your wife - whatever it takes- and file for citizenship at the 3 year minus 90 days of being a permanent resident. In other words, from the day your conditional permanent green card was issued. If you file for citizenship this way, she would have to be present for the interview.
All the best.Comment
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Divorce before my AOS interview
I was married in August 2017 and filed under for an adjustment of status. I got my combo card in June but we started having issues. My wife filed for bankruptcy and and we had issues and she filed for a divorce. In July she also informed the immigration about it. We got back together after the divorce and now planning to remarry again. I just recieved notice that our interview was cancelled. Should we go ahead and remarry or what should I do any advised.Comment
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