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  • Need you input - Please

    I need your positive input and comments.

    A few years ago I arrived as a foreign student. After 7 years, I completed both my BS and masters program and got married during my OPT. My marriage did not last long due to cultural and other differences and we got a divorce. We did not file any immigration documents.

    7 months later, I met and married my husband - a navy officer and we filed the necessary immigration documents.

    Once we arrived for our I485 interview, I was immediately taken to a separate room. My husband was interviewed and was asked to leave without me. I was placed in deportation removal and the explanation I was given was that people from my country have been involved in immigration fraud and 'we' were on a watch list.

    My husband immediately hired a lawyer and we have been appealing the decision.

    I have been to a master hearing. We refiled I130 and got it approved. We have refiled I485 and I recently got to do my fingerprints.

    We have been waiting for several months and have not heard anything.

    Does anyone know how long it takes for the next step? I was told we are waiting for a letter to complete my medical check up.

    Has anyone been in a similar situation?

    thanks!

  • #2
    I need your positive input and comments.

    A few years ago I arrived as a foreign student. After 7 years, I completed both my BS and masters program and got married during my OPT. My marriage did not last long due to cultural and other differences and we got a divorce. We did not file any immigration documents.

    7 months later, I met and married my husband - a navy officer and we filed the necessary immigration documents.

    Once we arrived for our I485 interview, I was immediately taken to a separate room. My husband was interviewed and was asked to leave without me. I was placed in deportation removal and the explanation I was given was that people from my country have been involved in immigration fraud and 'we' were on a watch list.

    My husband immediately hired a lawyer and we have been appealing the decision.

    I have been to a master hearing. We refiled I130 and got it approved. We have refiled I485 and I recently got to do my fingerprints.

    We have been waiting for several months and have not heard anything.

    Does anyone know how long it takes for the next step? I was told we are waiting for a letter to complete my medical check up.

    Has anyone been in a similar situation?

    thanks!

    Comment


    • #3
      Hi sbd's mom,

      Welcome to ILW!

      Sounds like you are well on your way to getting your green card. I'm not sure if anyone can tell you how long the process takes, but the fact that you were approved should be a good sign. Lots of luck to you!

      Comment


      • #4
        Thanks for your feedback ProudUSC.

        Comment


        • #5
          The original i130 was denied. We had to refile all our documents and the 2nd time we were approved.

          I interviewed in Baltimore. I am from a small
          African country.

          Comment


          • #6
            Yes... the judge said the same thing...that I was from a country that's on the INS watch list.

            I guess that must be what's holding things up ---

            Comment


            • #7
              This is quite strange.

              You should be placed on removal because of YOUR own actions, not because of some generic watch list or some blank allegations.

              At the very least, they should afford you an opportunity to rebut the allegations before being thrown in removal proceedings.

              Maybe there's something else to the story. Maybe it was because of the outcome of the interview.

              But again, this is strange.

              -THIS IS NOT LEGAL ADVICE-

              Comment


              • #8
                probably Nigeria...

                Comment


                • #9
                  when was the first interview?

                  I assume you will have another one for new I-485. So, look at the processing times for your local office.

                  Good news is that I-130 was approved.

                  Comment


                  • #10
                    I want to give you the best advice but am rather confused, so please allow me to ask.

                    From your first marriage you never filed any papers right?

                    This is the first time i have heard of them separating couples at the very begining. So, did they interview you both before they separated you?

                    By the way, what did y'all have as evidence to prove that the marriage is indeed bona fide?

                    Do you live together?

                    While you have an approved i 130, you still have to face the ij for an interview. you better have tons of evidence for that. the burden shifted to you to prove that the government is wrong and your marriage is bona fide. By the way they might even come out to your home to investigate.

                    The story about being from a small country does not make sense. While they might be a watch list, trust me no ij nor uscis employee is gonna tell you that is the reason you are being denied.

                    So, if I may be blunt for a second, take responsibility and don't try to blame mistakes made on your part on coming from a small African country. I have dealt with stories just like yours and yet these individuals were not from small countries.

                    Remember on this board you are invisible, so please be as truthful as you can if you expect good advice. We are here to try and help not to get into your business, oh, at least some of us are!!

                    Please give better details and good luck.

                    Comment


                    • #11
                      It takes a while after the interview. My green card took 18 months after the interview. I am married to US Citizen.
                      Hope that helps you.
                      You can also set up an info pass at:

                      https://infopass.uscis.gov/info_en.php


                      Here you can read about Info Pass:

                      http://www.uscis.gov/files/pressrele...passfe0405.pdf

                      I did the info pass and then suddenly after the appointment everything was approved very quick within 3-4 weeks.
                      It's not a guarantee that they will approve you, but you might get some answers.

                      Comment


                      • #12
                        sbd's mom -

                        If I had to guess I would say that you are from Gambia and older than your husband. There have been quite a few cases involving marriage fraud in such situations. I know of another couple where they were immediately separated and the USC husband was pressured to admit that the marriage was a fraud.

                        You should really talk to your lawyer about this. Although you still have to wait for USCIS to send you a RFE (request for evidence) which would include having a medical examination, the USCIS no longer has jurisdiction over your adjustment of status because you are in removal proceedings. In other words, only the Immigration Judge can grant you a green card at this point. However, since your second I-130 has been approved, your lawyer may want to think about requesting that the judge terminate proceedings (depending on whether the judge is nice to immigrants or not). If your proceedings are terminated, then the USCIS would once again have jurisdiction over your green card application. Your attorney should have discussed this with you or your husband already.
                        Note: This is not legal advice. For legal advice contact a competent immigration attorney. http://asylumlaw.blogspot.com

                        Comment


                        • #13
                          I agree with you, Houston.Thanks!
                          The proceedings have been strange and confusing.
                          We only got a chance to rebut the allegations in a letter we sent to the judge, that detailed what transpired during his interview including quotes from the officer who interviewed him.

                          The judge told us, while he was addressing my husband that I am from a country that's on their watch list,asked if we had refiled our paper work and rescheduled the next hearing date.

                          Thanks Aneri.
                          The 1st interview (i485) was in April, but my understanding is we do not have a second interview. The judge determines the outcome of the new i485. Am I right?

                          Thanks Floyd!
                          Right. We did not file any documents.
                          Nope. After swearing us in, a spanish female officer asked me to "come with her."

                          We had everything including a bulging tummy (because I was pregnant). She told my husband the baby was not his in addition to all the other insults.

                          We live together.

                          I am not blaming anyone...just telling my story and trying to get advise. I was trying to give davdah an idea of my origin.

                          I agree with you. In order to get the "right medicine for an illness, one has to reveal the disease" and that's what I am doing.

                          I'm giving all the details and answering questions to get results.

                          Thanks dreamstar101. I'll set up an appointment.

                          Thanks Senowen,
                          Our attorney has not discussed your suggestions with us...and I wonder why. I'm going to give him a call now.

                          My sincere gratitude for your time, comments and suggestions. Please keep them coming.
                          -SBD's mom

                          Comment


                          • #14
                            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by sbd's mom:
                            The original i130 was denied. We had to refile all our documents and the 2nd time we were approved.
                            I interviewed in Baltimore. I am from a small
                            African country. </div></BLOCKQUOTE>

                            Here is a video where she is from:

                            http://youtube.com/watch?v=O_r2psdrQkM

                            Comment


                            • #15
                              lol sonofmichael.

                              U just put huge smile on my fase

                              Comment

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