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  • I need help

    I'am in the USA since Mai 2005. I'm here legally. My Greed Card is still in process. But me and my husband don't want to live in a situation like this anymore! Which means I can't have a job! And my husband has to take care of me and my son financially all by himself!

    So now my question is! If I leave the country right now, what are the consequences?

    Could I reapply for the Green Card if I wanted to? Can I even leave the states? Do I need special paperwork? I don't mean a Advance parole, I don't want to come back any time soon! I mean for the airport, so I can leave without problems!

    I would greatly appriciate it if someone could help me with information!

  • #2
    I'am in the USA since Mai 2005. I'm here legally. My Greed Card is still in process. But me and my husband don't want to live in a situation like this anymore! Which means I can't have a job! And my husband has to take care of me and my son financially all by himself!

    So now my question is! If I leave the country right now, what are the consequences?

    Could I reapply for the Green Card if I wanted to? Can I even leave the states? Do I need special paperwork? I don't mean a Advance parole, I don't want to come back any time soon! I mean for the airport, so I can leave without problems!

    I would greatly appriciate it if someone could help me with information!


    • #3
      Who is sponsoring you for green card? If a family member, is he/she US citizen or permanent resident?

      If you apllied for green card (adjustment of status), you can also apply for Employment authorisation document. Which means you can legally work!

      You can leave the country at any time. You don't need a special permission. Withdraw the pending petition first... so you have a clear file if you deacide to apply again. You can apply again under the same conditions as the first time (need a sposor and have to be eligible to immigrate).


      • #4
        Very interesting. You could apply for a visa at the consulate, but you could also be a victim of the "creative minds" of CIS. If you're an immediate relative and you leave, then they could say you didn't want to live with your spouse. This is, of course, ridiculous but it's your word against U.S. attorneys and the Service, and the pre-conceived ideas sometimes CIS has about immediate relatives.

        Sometimes to approve the I-130, officials believe the couple has to have a perfect marriage, meaning joined bank accounts, lots of property (usually real estate) in both their names and all of that has to be accomplished in a period of a few months, with no consideration for the severe limitations sometimes aliens have in achieving any of these goals. But again, somebody came up with the idea that all these elements establish bona-fide intent, when in reality, they amount to nothing but paperwork.

        If you separate from your spouse, CIS could then "get creative" and come up with the idea that you didn't want to form a family with your spouse. This is EXTREMELY unfair, but that's how the system works.

        Make sure you know what you're doing, always consult with an official or with a qualified attorney.



        • #5
          But if I withdraw my pending petition I'd have to laeve right after that, right? Or else I would be illegal? And where and how would I have to do that? Could my husband do it for me? Let's say I already left and then he'd do it would this be ok? Or do I have to be here in the states for this?


          • #6
            Oh, hey Houston, I really appreciate,, that you are trying to help me, but I don't get what you are tryimg to say! I don't want to leave my husband! I just want to go back home to Germany and leave this place and not get in trouble for doing so!

            Oh and I tried getting permission to work but I won;t get it untill I get my Green Card, at least thats what I was told! And we just don't have the finances to live like that! We have to take care of our son and we have a really hard time doing so, thats why we decided to leave!

            And about the attorney, we got one, she did our paperwork from the first day on! Ok, she made it possible for me to stay here legally. And I thank her for that, but thats pretty much all the help we got from her!
            We don't trust attorneys anymore! We already lost over 4000 dollar for this Green Card!


            • #7
              After you apply for AOS you'll receive your work authorization, it usually takes 90 days or so. You can get your EAD long before you receive a green card.

              You have to be aware of reality though. A separation can be seen as lack of bona fide intent. Like I said, this is unfair and the Courts agree, but if it wasn't an issue then the Courts would still be silent about it. Lots of people are denied everyday for the most absurd reasons, and you should know what you're doing before taking any action.

              The problem is, really, that Congress is trying to codify into some statute the very definition of love and all the complexities that are natural to any relationship; statutes are rigid by nature and they don't take into consideration the many factors of real life and all the circumstances that can affect a marriage. For instance, the statutes call for "joined finances" as hard proof of the bona fide intent to marry, this would indicate that poor people have no feelings and all the couples in the world that don't have a joined account are "faking it". But you look at reality, no rational person would conclude that a couple is real and the marriage is viable just because the couple happens to have a bank account in both their names.

              CIS should ease the process for immediate relatives and grant only "conditional status" that terminates when the alien becomes a U.S. citizen or files for a waiver upon termination of the marriage, subject to the AG's discretion. This would permit a smoother flow of applications, ease the burden placed upon petitioners and beneficiaries and allow plenty of time for discovery if the CIS suspects that the marriage is not bona-fide; all without rushed decisions and unfair requirements.

              -THIS IS NOT LEGAL ADVICE-


              • #8
                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.


                • #9
                  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.


                  • #10
                    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!


                    • #11
                      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.


                      • #12
                        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-


                        • #13
                          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.

                          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?


                          • #14
                            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!


                            • #15
                              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 site at infopass or call the NVSC.
                              Don't let go so easy ,don't give away all that truble and financial efforts.
                              Frank G. Becker & Associates


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