ForumTitleContentMemberSexCountryDate/Time
Removing Conditions on Residency General DiscussionChange of address form
Congrats on the GC...and good luck with the move.
LeatherneckMalePhilippines2011-10-17 23:12:00
Removing Conditions on Residency General DiscussionRemoving conditions Forms
read and follow the guide here.

Edited by Leatherneck, 09 November 2011 - 10:06 AM.

LeatherneckMalePhilippines2011-11-09 10:06:00
Removing Conditions on Residency General Discussionapproved
You had a pleasant experience...

Congratulations!
LeatherneckMalePhilippines2011-11-08 20:22:00
Removing Conditions on Residency General Discussioni desperately need help. please
Since you have the means to support yourself, you're in very good shape. The reason you feel helpless and put up with the mental and emotional abuse is you're unaware of your rights as the beneficiary.

You certainly do not have to put up with "didn't I petition you?"

As you've been advised, gather all of the necessary documents and proof you'll need later to prove you entered into the marriage 'in good faith.'
That way if you plan now, the filing of the I-751 will not send you into hyper panic mood. The proof you need is at your disposal now, gather it.

Your wife has made her decision, you need to worry about you now. I understand this is not a picnic for you and this is painful to know what she is doing with other men.

Go to the bank and open an account with only your name on it, now that you know you don't need her to ROC, cut her off. Please beware, things could get ugly real fast once you cut off the flow of money.

You've found a good site to get advice and help with your I-751 petiton.

Good luck!
LeatherneckMalePhilippines2011-12-10 01:03:00
Removing Conditions on Residency General Discussioni desperately need help. please
Are you dependent on your wife for financial support?

Are you making enough money to stand on your own feet?

If you are financially able to provide for yourself, why deal with her nonsense?

It's obvious she is not interested in being a wife. Get your own place and move away from her, then file for divorce.

You can do ROC (Removal of Conditions) without her.

Good luck!




LeatherneckMalePhilippines2011-12-09 23:46:00
Removing Conditions on Residency General DiscussionI-751
Congratulations!
LeatherneckMalePhilippines2012-01-12 14:40:00
Removing Conditions on Residency General DiscussionQuestion about DIVORCE, SEPARATE TAX FILING and ROC

Plus, if you are having trouble making ends meet, she is still responsible for your living at 125% above the poverty line minus what you earn.


Good point! :thumbs:
LeatherneckMalePhilippines2012-02-08 20:45:00
Removing Conditions on Residency General DiscussionQuestion about DIVORCE, SEPARATE TAX FILING and ROC

Will filing tax under 'marriage but filingseparately' affect Roc?

I hope somebody can help me here. Im married toa USC for a year now and have been a gc holder for 5 months. Although weentered marriage in good faith, things didn't work out fine. My wife decided tojust abandon me and move back to San Diego after a couple of arguments after Idiscovered her fooling around with other guys ( I have evidence), alcohol, andpot etc. As I live alone here in Los Angeles, its quite a struggle tofinancially support myself. We both mutually decided that this set up is betteras she has another guy now.

My question is

1) Since we need to file tax and wetechnically 'separated' what effect will this do to my ROC since we are filingunder 'married but filing separately'

Legally you are still married, so you can file as such. I do not see how being "separated" and how you file your taxes will have any more of an impact on your ROC considering you will be filing pending a divorce.

2) If she files divorce and granted therequest got approved, do I still need to wait for due time to file for ROC orcan I file a waiver as soon as I get the divorce document?

Click here to read what USCIS has to say about this issue now. However, I do know there was a memorandum issued in April 2003 that said you can not file for a waiver, but the link to the USCIS page is updated info on 06/03/2010. I think there has been a policy change since that April 2003 memorandum. And I do know of cases that have filed for waivers pending a divorce/annulment.

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).
  • You filed a Form I-751 petition jointly. We will issue a request for evidence (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 petition treated as a waiver.

Upon receipt of the final divorce decree or annulment within the specified time period, we will amend the petition, to indicate that eligibility has been established for a waiver of the joint filing requirement based on the termination of the marriage.




3) Is ROC for a divorced petitionedimmigrant like me difficult? Will there be interview?

You, the alien resident can petition without the former spouse by providing evidence that the marriage was entered into in good faith. With regards to an interview, there might or might not be an interview.

Be sure to include substantial amounts of evidence to show the marriage was entered into in good faith and not to circumvent the immigration laws of the U.S. If USCIS is satisfied you met the burden of proof, they should approve your case.
Good luck with your case.



Edited by Leatherneck, 08 February 2012 - 03:26 PM.

LeatherneckMalePhilippines2012-02-08 15:20:00
Removing Conditions on Residency General DiscussionCR1
Your husband can NOT cancel your Green card.

If you get a divorce you can remove conditions without him.

Yes you can naturalize without him.

Edited by Leatherneck, 12 February 2012 - 06:14 PM.

LeatherneckMalePhilippines2012-02-12 18:13:00
Removing Conditions on Residency General Discussionwho should divorce..the immigrant or the petitioner

iposted something few weeks ago about my case. divorcing before ROC because ofmy USC's wife abandonment. i talked to a lawyer last night and asked for hisadvice.



Herewere my questions and his answers



1) DoesFiling tax as 'married but filing separately' affect my ROC? I know this issort of a red flag for them.\

Unmarried persons. You are considered unmarried for the whole year if, on the last day of your tax year, you are unmarried or legally separated from your spouse under a divorce or separate maintenance decree. Per IRS

So your choice as a still married man is to file separately or jointly. You have to file your taxes and there are guidelines as to your choices, I would focus more on the divorce and putting forth a successful ROC petition.

2) Doesit matter who files for the divorce in ROC? Me the immigrant who got abandonedby my abusive wife or my wife who would not bother wasting her time
at allgoing through the paperwork and court appearance etc. i pointed out that I wantto file it myself so I can tell the explain the real deal. How I caught her withother guys, drinking and smoking pot in our apt when im not around, using ourbank money and abandoning me. She lives and work now in San diego while I livehere in LA financially struggling. My worry is I don't want them to think thisis just bogus, now im applying for ROC after ive received my GC. This isn't whatI wanted my marriage to turn out.

If you file for divorce, then you're in the drivers seat so to speak. File for your divorce and let her be the one to worry about showing up for the court appearances. If she files for the divorce in San Diego county, then it is you that must drive 2 hours to appear in a court in San Diego county. You file for the divorce in LA county so that it's more convenient for you to appear. If she does not show up for ( I know there will be at least 2 appearances) the appearances, then you get your divorce by default. It does not matter who files.

He told me that it doesn't matter.Its better if I file it myself that way I can tell them whats really goin on,and since why wife wont care doing the whole course of divorce. He said I shouldn'tworry about this



3) Whatsgonna happen to me after divorce?

We will start building thepackage we will file


4) Whenshould I file the ROC? Right after I received the divorce decree or should I stillwait the 90 day thing before the ROC

Its better if we wait for the 90days period. Coz if I file it too soon after I received the decree, they wouldnot process it the same way its submitted within that 90 day period. This totallyconfused me.

I would file for ROC when you have the decree, you'd have your decree and are able to ROC without her.

I hope somebody can help me as looking, consulting, comparing different lawyers' advice isexhausting.



Edited by Leatherneck, 16 February 2012 - 09:37 PM.

LeatherneckMalePhilippines2012-02-16 21:28:00
Removing Conditions on Residency General Discussionjoint vs divorce

Just curiousity, is it safer to remove conditions as "joint" or "divorce"? Which one is safer considering marriage was legitimate.




Build a solid case by providing evidence that the marriage was entered into in good faith, in that case ROC
should be approved.

Start gathering copies of documents now if you know your marriage is headed for family court.

Bank statements, mortgage/lease, health, life, auto insurance, etc.,
LeatherneckMalePhilippines2012-02-17 19:16:00
Removing Conditions on Residency General DiscussionCR1 please give me your opinion

You've misunderstood the question. The OP holds a CR1 visa, she has not yet entered the United States. This April 8th is her second wedding anniversary. She's asking whether it's advisable to defer her entry until April 8 or after so that she can get a 10-year GC and avoid the ROC process.


Thank you Stephen for pointing that out, I totally misunderstood what she was asking.
LeatherneckMalePhilippines2012-02-18 17:21:00
Removing Conditions on Residency General DiscussionCR1 please give me your opinion

Hello my friends here i just would like to aske im cr1 ,i will be 2 years in april 8 so do u think its better to wait till that date so i can get 10 years green card or go now and if i wait they will deal with me depend on date of arrival ??????? thank u


You can apply to (get your 10 year Green Card) 'remove conditions' 90 before your card expires. Apply to ROC before your card expires, do not wait.
LeatherneckMalePhilippines2012-02-17 01:17:00
Removing Conditions on Residency General DiscussionI 751 denied
I know money is probably an issue with you after all of that drama...but you need to lawyer up and lawyer up good.

Your next stop is status revoked/removal proceedings.

Good luck!
LeatherneckMalePhilippines2012-02-22 01:53:00
Removing Conditions on Residency General DiscussionI-751 State Issued ID Card(CA)
What was the RFE originally for? Was it requesting ID that you did not include the first time or is it asking for additional ID?

Did you submit a copy of the permit the first time you sent the petition?

Edited by Leatherneck, 29 February 2012 - 03:33 PM.

LeatherneckMalePhilippines2012-02-29 15:32:00
Removing Conditions on Residency General DiscussionI-751 State Issued ID Card(CA)
If your learners permit is the hard flexible plastic card with your photo and not the temporary paper permit with no photo, then that plastic card with your photo is your government ID as well as your permit to drive.

That state ID card could take 2-4 weeks to arrive.

It's a very good idea to have both the drivers license and the ID card, if you lose your wallet or purse, you still have ID.
LeatherneckMalePhilippines2012-02-29 01:23:00
Removing Conditions on Residency General Discussioni751 NO bio appoinment letter yet
That expiration date on your K-1 visa is the date by which you needed to entry the USA. Your K-1 was a one time use, once you checked in at your POE, that visa became void. So technically, it expired the day of POE.
LeatherneckMalePhilippines2012-02-29 19:35:00
Removing Conditions on Residency General DiscussionChanging States after receiving the 2 years card
You will file your petition with the Vermont Service Center.

http://www.uscis.gov...00045f3d6a1RCRD
LeatherneckMalePhilippines2012-02-29 00:50:00
Removing Conditions on Residency General DiscussionCertificate of Citizenship for K2

Leatherneck - thanks allot for the link you have provided. They are very helpful and informative. Thanks.


You're welcome! Glad they helped.
LeatherneckMalePhilippines2012-03-08 21:24:00
Removing Conditions on Residency General DiscussionCertificate of Citizenship for K2

Aaron, thank you very much for your succinct reply. Yes, we did not informed the USCIS about this adoption. We thought, they would automatically update their file when we apply for her US passport and updated her SSN status.I guess we were wrong. Again thank you much.


Do the follow-up by sending the documents to USCIS as recommended by Aaron. Many times the various agencies of the US govt do not talk to each other, therefore, there is no reasonable expectation that USCIS would know of actions taken by the Dept. of State

Read from the links below so you get the facts and peace of mind from the Dept. of State.

1. http://adoption.stat...citizenship.php


2. http://adoption.stat...act_of_2000.php
LeatherneckMalePhilippines2012-03-08 17:43:00
Removing Conditions on Residency General DiscussionMoving after filing ROC
A change of address does disrupt the follow of correspondence between USCIS and the beneficiary/petitioner occasionally. You have little choice, you plan to move and you must do a change of address, hopefully you won't have any issues.

Edited by Leatherneck, 12 March 2012 - 08:20 PM.

LeatherneckMalePhilippines2012-03-12 20:19:00
Removing Conditions on Residency General Discussionsame address but moved to another apartment
I-865

Has anyone filed this late? Would it be okay if I file the AR-11 and my husband files the I-865 now? We moved last July. I didn't know I had to file these forms until I started reading through this forum! :(


You will not be the first to file a 'change of address' late. Yes it is okay to file the AR-11 and (click) I-865 for your husband -- as long as the Affidavit of Support is still enforceable.

Edited by Leatherneck, 18 March 2012 - 09:30 PM.

LeatherneckMalePhilippines2012-03-18 21:25:00
Removing Conditions on Residency General Discussionsame address but moved to another apartment
By law, you must notify the USCIS of address changes.
LeatherneckMalePhilippines2012-03-11 14:00:00
Removing Conditions on Residency General DiscussionHusband passed away
My condolence to you and your family.
LeatherneckMalePhilippines2012-04-05 07:36:00
Removing Conditions on Residency General Discussionhi guys, need some answer from I-751 fillers

Hi guys, do i need to include a 2x2 i.d picture for my I-751 and for my daughter??? and the expiration of my GC is 09/22 when should i send my papers???

thank you.


The earliest you can send the I-751 petition is 06/24/2012, not before.
LeatherneckMalePhilippines2012-06-09 03:16:00
Removing Conditions on Residency General DiscussionK2 is US citizen K1 needs to remove conditions.
Dave I would list your daughters 'now' legal name on the I-751. As you mentioned, attach copies of the adoption decree, copies of her U.S. passport and a detailed letter explaining why the K2 now has a different name. Thus, no need for ROC in her case.

You'd think attaching the decree with the passport copies would be explanatory, but I wouldn't leave anything for USCIS to figure out.
LeatherneckMalePhilippines2012-10-15 21:30:00
Removing Conditions on Residency General DiscussionPhilippine Passport Expires Soon!

You bet. Good luck with the ROC.


LeatherneckMalePhilippines2014-04-09 11:51:00
Removing Conditions on Residency General DiscussionPhilippine Passport Expires Soon!

I fail to see the impact or connection of filing for ROC in May and your passport expiring in September. It's more important to submit the necessary documents that adequately support your I-751 Petition.

 

You can simply do a change of address online or via mail.


LeatherneckMalePhilippines2014-04-09 10:50:00
Removing Conditions on Residency General Discussioncr 1 visa and visa lottery

 

the reason i ask about the cr 1 visa and the green card lottery i live in georgia and she move to california 30 day after she got her 2 year card that about 2 year ago and 2 day ago  she told me a lawyer told her about the  green card lottery how she apply for a green card lottery she here on a 2 year green card.. it hard get proof we not living in the same place when she move to california i know what will happen but i cant lie to  uscis....

   

 

 

 It is strongly suggested you don't lie to CIS. 

 

Under the circumstances, how will you and your wife prove you entered the marriage in "good faith" and not for the purpose of circumventing immigration laws?


Edited by Leatherneck, 09 April 2014 - 11:06 AM.

LeatherneckMalePhilippines2014-04-09 11:03:00
Removing Conditions on Residency General Discussioncan i come back to USA using my expired green card and NOA letter of extension?

Yes you will be able to enter the U.S. with the NOA-1 and your expired GC.


LeatherneckMalePhilippines2014-05-03 13:38:00
Removing Conditions on Residency General DiscussionHusband Lost his Green Card, right before Removing Conditions

Good you found the GC -- so much less hassle now.


LeatherneckMalePhilippines2014-05-10 23:41:00
Removing Conditions on Residency General DiscussionHusband Lost his Green Card, right before Removing Conditions

Aye aye Captain! Thanks for your advice, we appreciate it :)

 

You bet!  Good luck and best wishes with your situation.


LeatherneckMalePhilippines2014-05-08 17:03:00
Removing Conditions on Residency General DiscussionHusband Lost his Green Card, right before Removing Conditions

 

Thank you for this, knowing we wouldn't have to pay an extra $450 is a relief. If we don't find it (still hoping!) would we need to include the police report in the packet we send? 

 

You're so close and within the time frame for ROC,  filing an I-90 would be a real waste of cash. Include the police report with the ROC packet.  Once you have the NOA for the ROC, you can make an InfoPass appointment to get the I-551 stamp in the passport.


Edited by Leatherneck, 08 May 2014 - 02:46 PM.

LeatherneckMalePhilippines2014-05-08 14:43:00
Removing Conditions on Residency General DiscussionHusband Lost his Green Card, right before Removing Conditions

Being so close to ROC -- filing a police report is cheaper and a lot less hassle than filing the I-190, provided you can't find it.


Edited by Leatherneck, 08 May 2014 - 10:57 AM.

LeatherneckMalePhilippines2014-05-08 10:56:00
Removing Conditions on Residency General Discussionremoving of status

You will be sent an NOA I-797  which will extend your status for 1 year. To complete the entire I-751 process could take several months.


LeatherneckMalePhilippines2014-05-09 11:41:00
Removing Conditions on Residency General Discussion94 days to go?

 

 

That i filed to remove conditions too early. As in before the 90 day window?

 

Outside of the 90 day window, would certainly mean a rejection.


LeatherneckMalePhilippines2014-06-17 18:32:00
US Citizenship General DiscussionN-400 November 2013 Filers

Yes that's what it means!  In my field office they don't actually tell you that you're approved at the interview, they state "I am recommending you for approval" and pending "final approval" you will be scheduled for the Oath.  So I guess some other person gives the file one last look before they say You're good to go and place you in Oath scheduling que.  :)

 

But if I was you I would still go make the appearance on your scheduled second interview date... just in case!

 Hi,

 

Just to let you and everybody know that I just received my letter saying that my oath ceremony is on the 9th of april at los angeles convention centre and the function is at 8.30 am. Thank you for everybody's support all along.


Hi Birdo,

 

We had the same interview date, but my status is still at Testing and Interview.... sleepy.gif

 Hi,

 

Just to let you and everybody know that I just received my letter saying that my oath ceremony is on the 9th of april at los angeles convention centre and the function is at 8.30 am. Thank you for everybody's support all along.

 

Reje.


RejeNot TellingIndia2014-03-27 02:41:00
Removing Conditions on Residency General DiscussionRemoval of conditions(i-751)

Med of Sep and u r going crazy :D what about the people who just submit their package :D

ya IT TAKES FOR EVER, i have heared its from 6-9 months

nothing in your hand really, that is their process timelines

Firstly thanks for the reply, its not that i am going crazy or something its just irritating you know, there are people i know who has got it inside 6 mths and i am completing 6 mnths in a week,so let me see probably another 3 mnths wait hehehe. good luck to you.
RejeNot TellingIndia2013-03-12 01:30:00
Removing Conditions on Residency General DiscussionRemoval of conditions(i-751)
Hi,

I just dont understand how come they are taking so long to process the 10 yr green card. I know its not a priority visa,but still according to the national average its around 7 mnths ,california service centre is 6.9 mnhts and this is the average processing times even now.They say they update their website every 15 days,but the last update was on feb5.Anybody who applied for removal of conditions middle of sept 2012? Please let me know if you have any developments.

Thanks
RejeNot TellingIndia2013-03-12 00:44:00
Removing Conditions on Residency General DiscussionA question for Yurika & Jim

Hi Yurika - sorry to bother you...I have been depressed recently about my case. I'm a 2012 March filer (vermont) and my case is still in pending status currently - no approval letter even no RFE notification. Contacted uscis a few days ago and they confirmed they are still working on my case. As you can see, almost half of April filers have been approved already in this forum. I don't know what's going on with my case!!! Honestly, I would rather receive RFE or interview notification, at least indicating my case is making progress!! I just want to ask if you have seen similar situations before...I am just sooooooooo frustrated right now - an unexpected bad beginning for the new year....sigh....

Hi,

I know this question was not for me ,but i hope you dont mind me asking why are you depressed about that? From what i know vermont centre is the slowest of all service centres. I applied in the middle of september 2012 for ROC in the california centre which i beleive is one of the fastest. After my biometrics on november the 1st of last year,nothing has happened for me,its almost 6 mnths since i applied and from what i heard apparently CSC is still processing June 2012 applicants,so imagine my plight!! so chill my friend.
RejeNot TellingIndia2013-03-17 22:10:00