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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7436
Experience:  Experienced in all aspects of immigration and nationality law.
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Hi,As the process of going to give a GC,in August 2013 or Sep

Resolved Question:

Hi,As the process of going to give a GC,in August 2013 or Sep 2013 what kind of verification the USCIS will check usually,My Priorirty Date is 29-Nov-2006.It is current in August.
But my divorse case is going on(My husband filed divorse to disturb my GC process),still the divorse is not finalized.Even then in between i got 2 EAD cards.Just want to know what kind of verification they will check .
Or i will get the GC with out any problem like my EAD.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.
Thank you for using this service. I'll do my best to answer your questions as completely and honestly as I can. All I ask in return is that you give me a positive rating for my customer service. This is the only way I get credit for assisting you. If you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further. Please remember that the law sometimes does not have a satisfactory solution for your issue; unfortunately, this is something I cannot control.

I'm a little confused. So your husband has a green card, he sponsored you for a green card, your priority date is current in August 2013, and you want to know if the USCIS confirms that you still are married when it is time to adjudicate and issue you your green card?
Customer: replied 1 year ago.

yes..Still i am in married status .But my husband is filed for divorse.Is there anyway that uscis can see the the divorse case going on by name or by SSN ,and can issue any RFE ..( i am still in married status)

Expert:  Expert James replied 1 year ago.

Radhika,

I have good news and not so good news to share with you. While I always do my best to help you come up with a good solution, there are many times that the law does not have a good solution. Unfortunately, I cannot change that. I am only here as an information source, so please do not hold bad news against me by giving me a negative rating.

The good news is that the USCIS does not have a way of knowing that the divorce case is going on by your name or social security number, unless they take the step of checking with the county clerk's office in the county in which you live. Fortunately, they do not do that, unless they have a reason to believe that the marriage does not exist and they are not satisfied that you have provided them with truthful information. Checking with the county clerk could be part of an investigation, but is not done in every case.

The bad news is, although they will not do a SSN and name check for the marriage, at some point in this process, you will be asked to show that the marriage is still valid and intact, and that you and your husband likely will have an interview with the USCIS officer, to make sure the marriage is still valid and exists. So even if they do not run a check with your SSN and name, you will be required to show that the marriage still exists at some point before your green card is issued.

I hope I have answered your questions. Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. Again, if you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further. Remember that the bottom two negative ratings are used for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!

Customer: replied 1 year ago.

Is every case will have an interview. I heard that not everycase will need to attend the interview.

Expert:  Expert James replied 1 year ago.
Radhika,

No, not every case is called for an interview interviews; but usually, in cases where a green card holder is sponsoring a spouse, an interview is done.

The reason this the case is that a lot of time passes between when the case is filed, and the green card is issued, and things can change drastically during that time. You've experienced this yourself.

So if everyone just got approved without confirmation that the marriage is still valid, then millions of people could cheat the system, claiming they are still married when they are not, just to get a green card. The USCIS has to have a way to make sure this does not happen. Remember, your green card is based solely on the fact that you are married to this person, so if you are not married, then by law, you no longer qualify for the green card.

Unfortunately, there is no way for me to know if you will be called for a joint interview.

Remember, these are not my rules, but the rules of US immigration. I have nothing to do with it, other than to provide you with the information.

I hope I have answered your questions. Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. Again, if you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further. Remember that the bottom two negative ratings are used for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!
Customer: replied 1 year ago.

My marriage is not a fake marriage,Is there any way that i can fight against to fight to get my green card in case if my husband doesn't support any RFE or an interview...

Expert:  Expert James replied 1 year ago.
Radhika,

I will always do my best to help you come up with a solution, but please keep in mind that sometimes, the law does not have a good solution. And unfortunately, I cannot change that. As much as I wish I could, I don't have the power to do that. I am only an information source, so please do not hold bad news against me by giving me a negative rating.

STATEMENT: My marriage is not a fake marriage,
ANSWER: I did not say your marriage is fake. And did not intend to imply that it is fake. What I am trying to say is that trying to get immigration benefits through marriage, when you are no longer intending to be married is also considered against the law. And the USCIS has to make sure that people who are trying to gain immigration benefits through marriage are, in fact married. Otherwise that person doesn't qualify for benefits. And so to make sure that people are married, the USCIS often does interviews, especially where a lot of time has passed since the filing of the petition, which in your case was 2006.

QUESTION: Is there any way that i can fight against to fight to get my green card in case if my husband doesn't support any RFE or an interview...

ANSWER: No, because the basis on which you are eligible at this time is through your husband. You don't have a right to a green card. And he has the right not to continue sponsoring the green card if he does not want to.

Now if he is threatening not to continue the green card unless you do something for him in return, or he is physically or mentally abusing you, then you might have the option to self-petition under VAWA. Here is information on that: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=b85c3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=b85c3e4d77d73210VgnVCM100000082ca60aRCRD.

I highly encourage you to meet with an attorney in your area, to discuss whether this is an option in your specific case. From where I am sitting and working, I can't make that determination for you.

I'm very sorry. But again, remember that I do not write the law. And so as much as I wish I could change it, I don't have the power to do that.

I hope I have answered your questions. Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. Again, if you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further. Remember that the bottom two negative ratings are used for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7436
Experience: Experienced in all aspects of immigration and nationality law.
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