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Alien leaving a marriage before conditions are removed

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  • Alien leaving a marriage before conditions are removed

    I am not attesting to the accuracy of this information, but rather posting what I was told by an immigration attorney today.


    Although the original intent upon marriage is what the BCIS looks at when determining the eligibility of an alien for a Green Crad, should USC spouse alledge fraud, any other failures on the part of the alien will be given lots of considereation.

    For example: Should an alien leave a marriage before conditions are removed, and USC spouse alleges fraud and contacts the department, if alien has also failed to file timely AR 11 notices, then department will place more importance on the failure to advise BCIS of new address than in other situations. BCIS's posture in this regard is that the failure to advise of new address is willful evasion of immigration requirements.

  • #2
    I am not attesting to the accuracy of this information, but rather posting what I was told by an immigration attorney today.


    Although the original intent upon marriage is what the BCIS looks at when determining the eligibility of an alien for a Green Crad, should USC spouse alledge fraud, any other failures on the part of the alien will be given lots of considereation.

    For example: Should an alien leave a marriage before conditions are removed, and USC spouse alleges fraud and contacts the department, if alien has also failed to file timely AR 11 notices, then department will place more importance on the failure to advise BCIS of new address than in other situations. BCIS's posture in this regard is that the failure to advise of new address is willful evasion of immigration requirements.

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    • #3
      Hi there!

      What if it's the USC citizen who leaves marriage before condition is removed, that is, if the USC applies for divorce(no fault).
      What chances does the alien have of getting a permanent residency...

      Comment


      • #4
        Swiss...

        You are doing a very good job here.... But please please please ... my request .... Combine all posts and make one ...no matter that will be little mess ... but it will be way easy to follow all topics and replies...can u do this for me please...? Pasha

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        • #5
          Lonely heart
          my opinion is that if the alien leaves marriage before spouse and alien petition to remove conditions then alien must await receipt of divorce decree and then self petition based upon one of these criteria:
          1. USC spouse died
          2. bona fide marriage which ended in divorce or annulment
          3. battered spouse
          4. extreme hardship to be removed from USA

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          • #6
            Ok I can understand the original post... but if you look at other peoples' situation like for example aguila who has already filed AR – 11 but no update in system at all ...what is the guarantee that BCIS has that form sent by Alien? They might lose it too ... are they going to screw alien up in that case if no update in current system ?

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            • #7
              Pasha:

              That is why it is so important to address the correspondence correctly on the outside of the envelope and direct it to the appropriate individual at each service center involved.

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              • #8
                Yes swiss...

                But not filing AR – 11 in time might look suspicious to BCIS in failure marriage ...then lot of people just don't get updated on their system...even tho they send AR – 11...so its kinda confusing ... sure they might feel it little fishy but I don't think they put too much weight on it...

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                • #9
                  Pasha:

                  I filed AR-11 since I moved twice...however, I don't think they have personel to keep updating people, I don't think AR-11's will be in my file at the time of my I-751 adjudication, they are mailed to Kentucky.

                  Now for case processing purposes an alien must write his/her local office and service center in order for them to update the address and send the decision or interview appointment to the correct address...

                  I have written to Vermont 3 times already, and 2 to Newark, however everytime I called the 1-800 they still have my very old address where I lived with my wife... now through the 1-800 they are supposed to be able to take change of address updates for Service Centers and I request one 3-4 weeks ago, I will give them a call in mid January to see if they finally got the new address. I think the system they have in place to keep aliens' current address for case processing and for general S-U-C-K-S... it should be available to do it online with A# and other info...

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                  • #10
                    Yes Aguila ..

                    that was my point...coz i remembered from your previous posts that you sent them couple of times but still they didnt update in their system...and i dont think it has lot of influence on it...it shouldnt matter i guess...BCIS people themselves are not even 100 % and make lot of mistakes ...

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                    • #11
                      The purpose of the AR 11 is so BCIS know how and where to contct alien or send NOA, of course. If alien does not file AR 11 and does not meet interview or information requirements, then alien is at afult. If alien howver can prove that he did file AR 11 and it was just not entered in the comuiter, he has recourse, should he fail to furnish info on time or appear on time.

                      When several AR 11 forms have been sent, and proof of mailing can be presented by alien to BCIS then BCIS would have to excuse alien for any lack of follow up on his part.

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                      • #12
                        swissnut;

                        AR-11 is not for notification purposes is a law that all aliens must notify USCIS where they live regardless if they applications pending with USCIS or not.

                        To get NOA/decissions/interview appointments aliens must write to Service Center and local office.

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                        • #13
                          oh no cup-a-tea...here we go again in a big debate on xmas eve...can't we just snuggle and be friends.

                          Of course it is Immigration law, but I was explainging why the law exists.

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                          • #14
                            Ok, I'm going to throw my pebble into the pool now

                            When I moved I had to submit a Form 865 (Change of address) for USC's. Received a receipt number and letter of confirmation about a month later from the BCIS stating they had updated my personal info. I would think they would do the same for an alien submitting an AR-11.

                            Comment


                            • #15
                              Is this one of those situations where Sammy said it should be hand carried to a local office and personally handed over to someone there?

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