Hello, it has been awhile since my last post. I first want to thank everyone who takes this site seriously and offers insight and experience - it really does help.
My situation: my husband and I married in 2005. I am a natual born citizen. All of our paperwork had gone along smoothly until about 1 month ago. My husband has his conditional greencard - which expired in Aug. 2007. He was given an extension letter which permitted him to travel and work, expiring Aug. 2008. We had filled out the forms for the conditions of his green card to be removed and about 1 month ago we received a letter stating that our claim was denied and we had one month to send more evidence proving our marriage is bonafide or he will be deported.
Obviously, we are quite upset about this. We gathered our documents and sent via express mail the following: 2005, 2006, 2007 Joint Tax Returns Checking & Savings Joint Account Car Loan & Insurance w/both names Health insurance showing he his covered under my employer's plan. 401k beneficiary forms. Pictures Copies of plane tickets for international trips we have taken together. Electric bill in both our names Timeshare Ownership Deed in both of our names Engagement Ring Certificate of Authenticy Receipts from our $30,000 wedding reception that we had in 2006
*In the midst of getting all of this info we forgot to include the affadvits.
My husband is a nervous wreck. He thinks that if this is not enough information an officer from ICE will show up at our door and send him to a detention center to be deported. We did not hire a lawyer to help us since our marriage is 100% real, I felt like I should not need to pay a few thousand $$ for a professional to help us prove that. Was that a mistake?
Can anyone tell me what we should expect. If they do not think we have provided sufficient evidence will they really try to deport him?? Will we be given an interview? What if they do not get to his paperwork before his extension letter expires??
We are just so tired of this and we are two honest, hardworking people. Please share any experiences/advice etc.
We had filled out the forms for the conditions of his green card to be removed and about 1 month ago we received a letter stating that our claim was denied and we had one month to send more evidence proving our marriage is bonafide or he will be deported.
Hi Mecrbc,
Sorry to hear about this. When did you file for the removal of conditions? Has your husband had any problems of any sort since he received the conditional green card (convictions, staying out of the country over 1 year, etc). Just curious, because it seems odd they are giving you trouble at this point since you seem to have ample evidence supporting the fact that your marriage is bonafide.
Mecrbc - Sorry to hear about your situation. By now you must have learned one lesson that honesty doesn't help anymore. Only cheats and deceits can win, rest lose. Being and playing nice doesn't get you anywhere. Have to learn to beat the system to succeed.
You have provided them abundant evidence proving the real marriage. If they are demanding more evidence, then I would say have known people write an affidavit to USCIS. I would also include your pictures with those folks who are writing affidavit as this will guarantee that unknown people are not writing affidavits, this establishes evidence of knowing each other.
Other than that, you need to include any love letters, emails you have written to each other in this past whatever years. I would strongly recommend to hire a lawyer. Those sleazy and sneaky people know how to beat the system. They are always there to help fraudsters, I am sure they can also help legitimate folks like you.
If your spouse stays beyond the deadline, he/she becomes automatically deportable and out of status. This will create even more problems.
I am not racist. I am not anti-immigrant. I am AGAINST CRIMINALS, FRAUDSTERS, WHO DISOBEY THE LAW, BREAK THE LAW AND PERPETRATE THE FRAUD.
You may not like what I have to say but that does not mean I am wrong.
Posts: 1617 | Location: For Women In Your Heart | Registered: 05-05-2008
The first time we requested the conditions be removed we did not include all of that evidence. The evidence that I listed is what we just mailed in, once they requested MORE info.
ProudUSC, we have done nothing out of the ordinary at all. No arrests, no long trips out of the country, no separations or different addresses. Just a usual married couple.
do you have a copy of I-751 form you sent? if yes, take a look if there is something missing (not filed out) or filed wrong.
As others said, it is an odd denial. In most cases, USCIS doesn't right out deny joint petitions, but either asks for more evidence or schedules an interview.
Once extension letter expires, your husband can get his passport stamped at the local office (proof of legal residency) as long as the case is pending.
Okay, so you have not received a response from USCIS since you submitted the additional evidence? Since you complied with the request for additional evidence, I don't believe your husband is in imminent danger of being deported. It sounds like you guys have more than enough evidence to prove your marriage is bonafide. I would sit tight and wait for their response. Or, if it would make you feel better to consult with an attorney, please do so as this in only a discussion board - not legal advice.
As others said, it is an odd denial. In most cases, USCIS doesn't right out deny joint petitions, but either asks for more evidence or schedules an interview.
Aneri, it was not a denial but a request for more information. In people's experience - is a request for more info better or worse than an interview.
All - do you think contacting a congressman's office would be beneficial or just a waste of time.
Originally posted by mecrbc: Aneri, it was not a denial but a request for more information..
quote:
Originally posted by mecrbc: about 1 month ago we received a letter stating that our claim was denied and we had one month to send more evidence proving our marriage is bonafide or he will be deported.
...a big difference. RFE is sooo normal... If USCIS is not happy with new evidence (which I doubt), they will call you for an interview.
quote:
Originally posted by mecrbc: All - do you think contacting a congressman's office would be beneficial or just a waste of time.
What would you ask them to do? You said you did not include this much evidence the first time... IO just asked for some more.. which is part of his/her job. Congressman can and should help when USCIS is not doing what it suppose to.
Thank you, Aneri. So you think that the request for more info is standard procedure? If we didnt provide enough info this time around, I am more than happy to go for an interview...or get a lawyer. I am just concerned that he will be put into deportation proceedings. Is this unheard of? I hope we are just being overly worried.
We never had a second interview and the initial AOS one, we were married only 6 months, so we didn't take too much stuff, Just remember, if marriage is legal, you have nothing to worry about AT ALL whatsoever
Originally posted by mecrbc: As others said, it is an odd denial. In most cases, USCIS doesn't right out deny joint petitions, but either asks for more evidence or schedules an interview.
Aneri, it was not a denial but a request for more information. In people's experience - is a request for more info better or worse than an interview.
All - do you think contacting a congressman's office would be beneficial or just a waste of time.
RFE is standard procedure in case where inadequate information has not been submitted.
no big deal unless you do not have it to give. In your case you have plenty to additionally submit for the RFE.
Question is.... Why oh Why did you not submit these evidences when you sent the 751 originally? You probably would have had an approval by now without interview.
No you should not enlist the help of a congressman at this point as it was your error that your petition has not yet been adjudicated.
Best wishes.. and keep us posted on the outcome.
@HPSA
So untrue your statement about if your marriage is legal that there is nothing to worry about.
USCIS has standards that have to be met before they can grant an approval or denial. One just cannot walk in and say they are married without evidences and expect to get an approval, no matter how legitimate the marriage may be.
Thanks everyone for your help. I will let you know what happens.
My biggest issue is on the request for more information it stated that if we do not provide adequate evidence he will be deported. I hope the evidence we have given is enough...and if its not that we get asked for an interview and not just sent a deportation notice. I guess there is not much I can do now but wait.
I'm happy to hear the requests for more information are somewhat standard procedure and not a sign of a major issue.
Well merc i hope all of it will turn out for the best you you and your partner. But when i got home a few days ago i hade the same mail from USCIS stated that i hade to give more evidence then i already hade or i would be deported that my marrige was legit. And from the time that we filed the I-751 and up till now we havent got anything togheter other then a new TV set, we showed the Fort smith office when i did my Bio metric scan pretty much everything we hade. Joint vehicle purchased, joint tax return,joint checking account and 2 sworn affidavits and so on. and from what i understand USCIS wants more and we have come to that point where we dont have more to send.
So we have about 1 monthe from today to come up with more then we already have or according to the letter it is buy buy for me.