Announcement

Collapse
No announcement yet.

Conditional Resident Status Terminated (I missed my two year appointment)

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Conditional Resident Status Terminated (I missed my two year appointment)

    My husband and I went for an interview in May 2004. We were told to return in May of 2006. (Neither of us recalls anything about having to fill out an I-751 form.) Ironically, we got every detail right, every step of the way, up to this point. When I misplaced the interview details (time/date/place), I tried to find information on the specifics of my case but did not know whom to contact. Over a year had passed, and I was under extreme pressure in my job (working with troubled *****) and personal situation (simultaneously caring for a dying friend prior to my final move here, having to take my husband's son to family counseling, after I arrived, re: his acting out behavior/rejection issues). I simply waited to hear from the government. The interview date came and went. Since there had been changes in the department, I wasn't even sure that the interview still stood. Six months later (last week) I received a letter informing me that my conditional residence status has been terminated. Is it reasonable for the government to tell you to show up for an appointment in two years, send no reminder notice, and no notice that the appointment has been missed? I feel like I've been tagged in a game of 'Gotcha'. Is there anybody out there who has SUCCESSFULLY navigated this process? I don't want to hear from a bunch of negative, downer people who have nothing positive to say. If I have to return to Canada and stay with my family and reapply I will not surely die. I knew someone who applied and was through in three months. My husband and I have a wonderful relationship, we have been friends since we met in 1999, and we are inseparable. We were apart for months at a time for the first several years of our relationship. Obviously, however, I do not want to have to jump through this particular hoop if I don't have to do so. One suggestion I've had is to apply for a green card. Once again, please don't write if you just want to talk about how hopeless this situation is. Jesus raised Lazarus from the dead. We dropped the ball on this one and we just want to look at our options for solving this while remaining in compliance with the government. If we have to go back to square one, we will do that, but we'd like to know if anyone else has found a creative solution to this little nightmare.
    www.terrihamel.usana.com

  • #2
    My husband and I went for an interview in May 2004. We were told to return in May of 2006. (Neither of us recalls anything about having to fill out an I-751 form.) Ironically, we got every detail right, every step of the way, up to this point. When I misplaced the interview details (time/date/place), I tried to find information on the specifics of my case but did not know whom to contact. Over a year had passed, and I was under extreme pressure in my job (working with troubled *****) and personal situation (simultaneously caring for a dying friend prior to my final move here, having to take my husband's son to family counseling, after I arrived, re: his acting out behavior/rejection issues). I simply waited to hear from the government. The interview date came and went. Since there had been changes in the department, I wasn't even sure that the interview still stood. Six months later (last week) I received a letter informing me that my conditional residence status has been terminated. Is it reasonable for the government to tell you to show up for an appointment in two years, send no reminder notice, and no notice that the appointment has been missed? I feel like I've been tagged in a game of 'Gotcha'. Is there anybody out there who has SUCCESSFULLY navigated this process? I don't want to hear from a bunch of negative, downer people who have nothing positive to say. If I have to return to Canada and stay with my family and reapply I will not surely die. I knew someone who applied and was through in three months. My husband and I have a wonderful relationship, we have been friends since we met in 1999, and we are inseparable. We were apart for months at a time for the first several years of our relationship. Obviously, however, I do not want to have to jump through this particular hoop if I don't have to do so. One suggestion I've had is to apply for a green card. Once again, please don't write if you just want to talk about how hopeless this situation is. Jesus raised Lazarus from the dead. We dropped the ball on this one and we just want to look at our options for solving this while remaining in compliance with the government. If we have to go back to square one, we will do that, but we'd like to know if anyone else has found a creative solution to this little nightmare.
    www.terrihamel.usana.com

    Comment


    • #3
      When did you get married?

      Does the letter your received say anything more? Like is there a way to appeal or how many days you have before you must leave the US?

      I've never heard before that USCIS makes an appoitment for lifting conditions interview 2 years ahead without even filling I-751.
      Usually, a conditional resident is responsible to file Petition to remove conditions within 90 days of 2 year residency. Some are not even told that by USCIS. No reminders are sent. And most are approved without an interview.

      In some cases, if there is a good reson, USCIS will accept late filling to remove conditions. I am thinking that you may be beyond that point (after receiving denial), but maybe you want to look into that. A good lawyer could help, if anything can be done now.

      One option is going to Canada and get immigrant IR-1 or K3 visa. If you do that, you may have face 3 year bar on return (6+ months overstay since your GC expired), and have to file a waiver (extreme hardship) to be able to come back before 3 years are up.

      Other way could be staying in the US and go through adjustment of status once again. I am just guessing on this one.

      Except that you are no longer legal resident in the US and are supposed to leave, I don't know what other consenquences there may be as a result of this denial.

      Do consult a lawyer to figure out what would be the best course of action.

      Good luck

      Comment


      • #4
        http://forum.everythings-4sale.com/user/categories.aspx

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by terri.usana.com:
          My husband and I went for an interview in May 2004. We were told to return in May of 2006. (Neither of us recalls anything about having to fill out an I-751 form.) Ironically, we got every detail right, every step of the way, up to this point. When I misplaced the interview details (time/date/place), I tried to find information on the specifics of my case but did not know whom to contact. Over a year had passed, and I was under extreme pressure in my job (working with troubled *****) and personal situation (simultaneously caring for a dying friend prior to my final move here, having to take my husband's son to family counseling, after I arrived, re: his acting out behavior/rejection issues). I simply waited to hear from the government. The interview date came and went. Since there had been changes in the department, I wasn't even sure that the interview still stood. Six months later (last week) I received a letter informing me that my conditional residence status has been terminated. Is it reasonable for the government to tell you to show up for an appointment in two years, send no reminder notice, and no notice that the appointment has been missed? I feel like I've been tagged in a game of 'Gotcha'. Is there anybody out there who has SUCCESSFULLY navigated this process? I don't want to hear from a bunch of negative, downer people who have nothing positive to say. If I have to return to Canada and stay with my family and reapply I will not surely die. I knew someone who applied and was through in three months. My husband and I have a wonderful relationship, we have been friends since we met in 1999, and we are inseparable. We were apart for months at a time for the first several years of our relationship. Obviously, however, I do not want to have to jump through this particular hoop if I don't have to do so. One suggestion I've had is to apply for a green card. Once again, please don't write if you just want to talk about how hopeless this situation is. Jesus raised Lazarus from the dead. We dropped the ball on this one and we just want to look at our options for solving this while remaining in compliance with the government. If we have to go back to square one, we will do that, but we'd like to know if anyone else has found a creative solution to this little nightmare.
          www.terrihamel.usana.com </div></BLOCKQUOTE>

          You should secure the services of a competent immigration attorney to prepare an appeal of the decision. Mind you, your absence from the USA during the 2 year conditional residency period could bring with it another complication of abandonment of residency. Your post does not indicate if the decision to deny was oriented around failing to apply to remove conditions alone or a combination of that and the residence in Canada.
          The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

          Comment

          Working...
          X