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Hi my name is XXXXX XXXXX in colorado I got my condition remove

 
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  • Answered by:Ely
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Hi my name is XXXXX XXXXX in colorado I got my condition remove status with joint filing with my husband last june 2009.We got approved. 4 weeks later my husband beat me up so i told his children and they called 911 for him this was july of 2009.He was in jail for domestic violence. The court sentenced him. After that he filed a divorced on october .And I got my green card in the mail after I changed address on November 2009 . I moved on and got married last year. I applied for N400.I passed the exam and test but the officer cannot made a decision because he told me my papers is very complicated. I had all the paperworks I shown that my marriage was in good faith. I have all paperwork also to show about domestic violence and restraining order . Will they denied my application? Can they revoked my green card? Can I get an immigration lawyer during my second interview for N400? I filed this N400 myself.Thanks for your advises I am mentally drained since my intreview last week.

Submitted: 365 days and 2 hours ago.
Category: Immigration Law
Value: $59
Status: CLOSED

Accepted Answer

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Expert:  Ely replied365 days and 1 hours ago.

Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.

I am very sorry for your situation. Please allow me to answer your questions in turn.

Will they denied my application?

It is unlikely, unless the consular agent feels that this is a sham marriage. But because the I-130 was granted, and the I-751 was granted, it is likely that eventually, USCIS will grant your N-400 as well. You simply have to show that this was a real marriage but it broke apart, and it happened to be about 4 weeks after the I-751 was approved. Showing record of the police coming out really helps to establish that this was a real marriage, but then there was real discord. USCIS only cares that the marriage was genuine.

Can they revoked my green card?

No. It is strongly unlikely that they would, considering that they have already granted you the I-751.

Can I get an immigration lawyer during my second interview for N400? I filed this N400 myself.

Yes, and you are encouraged to do so. You can find one here:

http://www.aila.org/content/default.aspx?docid=10180

I hope this finds you well. Please continue the conversation to keep talking, or rate my answer when we are finished. Kindly rate my answer as one of the top three faces when you are ready – I do not get credit for my time with you if you choose the lower two. I work very hard to formulate an informative answer for you; please reciprocate my good faith. (You may always ask follow ups free after rating.)

Expert TypeCounselor at Law
Category: Immigration Law
Pos. Feedback: 99.2 %
Accepts: 2747
Answered: 6/19/2012

Experience: Private practice in several areas, including immigration

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Customer replied364 days and 12 hours ago.

Thank you for your help, I really appreciate it.Aside from my concerned that he asked and reviewed about my prior marriage, immigration officer also asked me to get Irs transcript for the last 5 years from 2007-2011 with stamp from Irs. I do not have any for 2009 since I was jobless when I live with my ex-husband. I do not make any money of 2009 .I stared working at the middle of December 2009. I requested a non filing status from the Irs and i passed them all . Will this affect my application? And can I travel abroad for 3 to 4 weeks even though my application for N400 is still on process?

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Expert:  Ely replied364 days and 12 hours ago.

Hello,

You are very welcome. The reason he is asking for the IRS records is to likely see if you filed jointly - martial. This factors into their decision, yes. However, if you do not have some of the records, you can get copies from the IRS:

http://www.irs.gov/individuals/article/0,,id=110571,00.html

Yes, you may travel while your N-400 is pending - this does not void the application. However, it is recommended not to until this matter is resolved, and also because you may miss an appointment by accident while out of the country.

 
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