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  • HBKHBK
    replied
    Hi,
    i am not sure why the private message thing doesn't work...
    Ich bin in deutschland geboren.Deshalb denke ich mal das mein deutsch sehr gut ist haha...Ich lebe in den usa seit ueber 8 jahren.
    Ich habe in der neahe von Stuttgart gewohnt.

    darf ich fragen wie alt du bist? und was ist wirklich der grund das ihr zurueck nach deutschland wollt? hast du heim weh?

    Leave a comment:


  • punky
    replied
    Vielen Dank HBKHBK! I tried writing you a privat message but it doesn't work! I am from east germany, but lived the last 3.5 years in Nuremberg! Thats where we want to go again! My husband was stationed in Vilseck which is about one hour from Nuremberg!

    Dein Deutsch ist sehr gut! Wie lange warst du inDeutschland?

    Leave a comment:


  • HBKHBK
    replied
    yes, make sure you leave properly...
    don't just leave this will make it alot more difficult for the future in case you and your husband wanna come back to the U.S. U know?!

    But knowing you are from germany and knowing how things are there you'll be happier there,than here.Believe me.

    For once,germany has the most secured and best health care system in the world.
    And You have in germany mendated by the law,each year 30 days vacation.Which tells you alot about the german society and how that country truly became a poor democracy...

    Viel Glueck und hoffe alles klappt gut fuer euch.Woher aus aus deutschland bist du und wo was dein mann stationiert?

    Leave a comment:


  • aneri
    replied
    Do you know when you are going to leave?

    I would make an appointment with USCIS the day before the scheduled departure, asked them about the case and delay(out of curiosity), and then hand them a letter stating that I am withdrawing my petion for permanent residency because I am moving out of the US on date XX (+ name, A number, forms and dates when filed...) I would have a copy of the letter and ask IO to confirm on the copy that they received it.

    Since you are not counting on current petition to be able to return, you don't need any official document to leave (like AP)...

    Good luck

    Leave a comment:


  • punky
    replied
    Thank you HBKHBK Just after I wrote my last post I tried to find some more information and found what you just told me so our whole plan just went out the window! It would have been nice to know one year ago so we wouldn't have had to go trough all this!

    Oh, and I don't want to step on anyone toes, yes, I like Germany much better and so does my husband, but I'm sure the states can be great to, just not for us and our situation and what we want to do!

    But still my question is open! What do I do and what do I need to leave here without any trouble????

    Leave a comment:


  • HBKHBK
    replied
    Hey Punky,
    I understand your feeling and everyhting,and if you're from germany and your american husband lived in germany, i totally understand how the lifestyle and everyhting is different there and maybe better in more ways.
    I also lived in germany so I know the difference as well

    But you should remember one thing,even if you have a green card and you and your husband return to germany and wanna stay there for like a loong time.
    You will lose your green card,even if its for 10 years.
    If you are a green card holder but do not reside in the United States for more than 1-2 years and are not living in the US and not paying Tax for more than 2 years.You will lose it.Check the law...

    Leave a comment:


  • punky
    replied
    uscis.gov may be a good site for those who want to come here! But information how to leave without getting problems is nowhere to be found!

    Thanks for the nice words but I gave up a long time ago! I'm 21 years old and already lost one year and six months of my life!

    So please, all I need is the information on how to leave the states properly! I made up my mind! Yes it's hard to see the time and money go down the drain but the longer we wait the harder it will get!

    I thank you all so much AGAIN for trying to help me and letting me know things I've never heard of, but all I need to know is what I have to do to go! But I promise I'll keep the other information in mind, maybe we want to come back in 20 years!

    Leave a comment:


  • Forvisas
    replied
    Seems to me that you have to find your lawyer and get all the documents she received from USCIS, it's very important that you have the I-797 Teceipt Notice and Notice of Approval if that is the case, or RFE Request for Evidence, maybe you should submit Affidavit of Support I-864 or yours' husband W2 for the last year, or just maybe you moved and didnt annouced it to the USCIS, is best to make an appointment, go on uscis.gov site at infopass or call the NVSC.
    Don't let go so easy ,don't give away all that truble and financial efforts.

    Leave a comment:


  • punky
    replied
    Yes, it may sound like I'm homesick, I probably am, but thats not the point! It's about my family and not myself! And yes again I would want to leave even if I could work!

    Me and my husband feel like we don't belong here! The lifestyle is completly different and we want to go back! We dindn't even want to stay here longer than 2 weeks to visit! I guess we made a wrong decision to begin with but now we don't want to pay for it any longer and do something about it! And all this is, is going back to Germnay and start over and be happy! But we want to be sure about the consequeces! But we can't find any information anywhere! All is about coming here, being here and leaving the country for a period of time! But we don't want to come back here to live here at least not the next 10 years! But we still want to come visit for a couple weeks!

    And what does it mean to withdraw my adjustment of status? When and where would I have to do it?

    Oh, I wasn't here illegaly at any point in time! I came here and at the airport they gave me a stamp in my passport that I could stay 90 days and befor these 90 days were up we filed for the Green Card!


    I want to thank you all again! Thats the first time anyone really tries to help! Thank you so much!

    Leave a comment:


  • aneri
    replied
    punky...take the papers that were filed and go to the local USCIS office (make an info-pass appointment first). You have a right to get at least Employment Authorisation Document - EAD-(which will allow you to legaly get a job). USCIS should be able to tell you the status of your case and if anything is missing...

    Look at the time line here. Saint Luis office is already working on petitions filled in 2006.
    https://egov.immigration.gov/cris/jsps/officeProcesstim...sp?selectedOffice=65

    I would recommend that you first find out what is causing the delay...and get that EAD.

    If you were able to work, would you still want to leave?

    Leave a comment:


  • Houston
    replied
    You're painting a different story now. It appears that you're just home sick. That's understandable but immigration-related applications may take a LONG time to process. That's just how it is, for some people it's only 6 to 8 months, for some it's 2 years. The good thing is that you don't have to leave your family and are allowed to work while the application is processed. Paperwork gets lost ALL THE TIME, requests for more evidence, missing forms, additional fees are also common. That's part of the whole experience, it comes with the deal sort of speaking.
    Some countries process family-based applications quickly in a matter of a few weeks or even days, but these visas may be revoked at any time, even several years after they're issued if something fishy is discovered. In the U.S., the investigations come first leaving the applicants in some sort of limbo, creating a lot of frustration, delay and anxiety. Until the process is streamlined, it will continue to be long waits and red-tape, but at least you're allowed to remain with your love ones. It's up to you.

    -THIS IS NOT LEGAL ADVICE-

    Leave a comment:


  • marmaduk
    replied
    How did you enter the US on May 2005? Visa Waiver? Tourist Visa? There might be a possibility that you incurr an illegal presence for a small part in August 2005 if you did come under VWP, which might cause some delay. Adjudicating officer are getting picky about illegal presence, even in the case of family AOS.

    As for the documents, looks like the lawyer did cover most bases, but not all (biographics and affidavit of support form is missing from the list of documents,etc), which in turn maybe also the cause of the delay you're stating.

    Now, if one of the biggest problem is inability to work, that can be remedy by getting an EAD at the closest USCIS offices that can issue you one, since 90 days has passed since you submit the I-765 applications. The process shouldn't take longer than a couple of days and that will allow you to work legally in the USA.

    With regards to returning to Germany, unfortunately, the lawyer also didn't file for Advance Parole (AP) which will allow you to leave and return to Germany and in the same time, allow processing your green card to continue. If you decide to leave now, then the whole process will be voided.

    Since from my understanding you're intending to leave for Germany regardless of the situation anyway, then in brief, yes, you wouldn't need to do anything. Your greencard application will considered void when you leave the US and you shouldn't incurr any illegal presence time that will subject you to either the 3yr or 10yr ban, so future visit into the US or future GC applications shouldn't be jeopardized. It might also serve your goals if you sent a certified letter to USCIS stating that you would like to withdraw your Adjustment of Status process, but I doubt that'll make a big difference.

    Wait and see if aneri, houston or Still have other useful information. Personally I think its a loss if you just voided your greencard apps, after waiting 1.5years for it. At the very least, apply for AP and leave the country using it to keep the process going.

    Leave a comment:


  • punky
    replied
    First of Thank you all for your help!

    Ok here is how it went!

    My husband and I got married in April 2005 in Nuremberg, Germany. 2 weeks later we came to the states it was Mai 17th. We didn't plan on staying here longer than 2 weeks but my husband got out of the Army Mai 31st and had to put in his paperwork for the VA. And this took longer than we thought to go through and since I was pregnat at the time and couldn't fly anymore we had to find a way for me to stay here legally!

    A familymember helped us out and got us an attorney and she is in Chicago! We went there one time, to get everything started and tell her about the situation and what we needed!

    So at the end of august my paperwork got send in to the USCIS.

    Ok, I kept every piece of paper we ever recieved from there and here is what I found! I didn't find anything else but these 3.

    I-765 Application for Emplayment Authorization Document

    I-130 Petition for Alian Relative (petitioner is my husband he is an american citizen!)

    I-485 Application to Register Permanent Residence or Adjust Status

    And March 13th I got my biometrics taken in Saint Louis! And our attorney said I should get my Green Card then! But the ppl there told us it would come in the mail in the next 3 months. So we waited a long time for nothing! Because some paper is missing!

    I feel pretty dumb, but I don't really know, if this were the right things for me to file or not! We have no idea how this all works! Thats why we got an attorney, but like I said she is in Chicago and this is over 3 hours from where I live, so all we can do is try and call her, but we couldn't reach her in over a month!

    We got a notice, that some paper is missing and it should be in the mail but we waited over 30 days to call in and they said it might got send to the attorney and if so and she returned the missing paper we got to wait another 60 days to call thge USCIS again, but we can't reach our attorney!

    But anyway, we are fed up with this and we didn't want to be here so long to begin with so we want to go back to Germany and all I want to know is can I just leave the country without getting in trouble? Or do I need special papers for the airport, so that they know I was here legally? I just want to know what I have to do to go back home!


    And thanks again everybody for your help!

    Leave a comment:


  • Still Learning
    replied
    Punky-
    Please give a timeline of what has happened, when you married, when what papers were filed, have you had an interview, etc. Were you given copies of the forms that were filed? Was an I-765 document filed for you? Some attorneys are good, some bad. You need to know exactly what has been done on your case. Have you checked the online status to see where you case is in process? You have the attention of a couple of people on this board who might can help you if you give more exact information.

    Leave a comment:


  • marmaduk
    replied
    Did you come under one of the K visas or did you initiate the AOS (green card) process from USA? I've a feeling your lawyer might have done you a disservice.

    Leave a comment:

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