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  • I am in a situation that I dont know if anybody in here can help

    Hi everybody, I wonder if anybody in here have had or known people with same/similar case as mine could tell me what my next step would be. Here is my situation:

    +2001: Entered U.S via marriage w/ USC, holding conditional permanent resident status
    +Within a year, marriage gone sour and I left him in 2002 but didn't do a legal divorce or separation.
    +When the time came (2003), I filed the joint I-751 and GC got extented for 1-year
    +Since then, I moved on w/ my life and each year, I came back to USCIS to check for status to learn that it's still pending and thus, I got the I-551 stamp.
    +August 2006, I got letter to invite me to go for an interview w/ my husband. I did not go becuz my husband didn't want to go with me and going alone by myself would be a denial.
    +Since then till now, I haven't heard anything back from them. What is happening with my case? What is my next appropriate step?

  • #2
    Hi everybody, I wonder if anybody in here have had or known people with same/similar case as mine could tell me what my next step would be. Here is my situation:

    +2001: Entered U.S via marriage w/ USC, holding conditional permanent resident status
    +Within a year, marriage gone sour and I left him in 2002 but didn't do a legal divorce or separation.
    +When the time came (2003), I filed the joint I-751 and GC got extented for 1-year
    +Since then, I moved on w/ my life and each year, I came back to USCIS to check for status to learn that it's still pending and thus, I got the I-551 stamp.
    +August 2006, I got letter to invite me to go for an interview w/ my husband. I did not go becuz my husband didn't want to go with me and going alone by myself would be a denial.
    +Since then till now, I haven't heard anything back from them. What is happening with my case? What is my next appropriate step?

    Comment


    • #3
      It is a very simple solution, you petition will be DENIED as ABANDONED. You should have gone to the interview and told them your situation, came to be married. If marriage was bona fide, then you should be fine. However, should your husband contest the legitimacy and "truthiness" of this marriage, then you are screwed big time.

      First of all, you should have asked for a rescheduling of this interview. You acted recklessly, and you are going to pay by being denied and forced removal proceedings initiated against you immediately. Anyone who miss an interview without notifying USCIS generally pays dearly. Do you know how many people will die to have an interview with USCIS?

      G***illions.... so, be prepared for the worst...

      Comment


      • #4
        THank you for replying. I just wonder how abandonment cases processed in Immigration Court. Cuz with I751 cases, USCIS make denial decision based on evidences that the marriage is fraud and in Imm. Court, USCIS has to give proof to back up their decision. But for abandonment cases, USCIS didn't even have a chance to process/make decision whatsowever about the evidences cuz they didn't even have a chance to interview that person to see evidences. So in court, if the person can show the evidences of bona fide marriage, he/she will just walk out w/ a Green Card?

        Comment


        • #5
          Simple answer is NO NO NO!!!!

          Your own actions contributed to this situation, because your inability to ask for a rescheduled gave USCIS a carte blanche to deny it. As of now, you will receive a notice of denial and a letter informing you that USCIS seeks your removal from the US. SO, good luck...

          Comment


          • #6
            It will be denied since you failed to attend your interview, but you can petition alone. First you must get divorced from your husband. Then you file again and ask for a waiver to filing jointly. You must provide proof that the marriage was entered into in good faith.

            Comment


            • #7
              oh, is it that simple? My joint got denied, I could just get divorce now, then apply the I751 in the waiver form?

              Comment


              • #8
                GC...

                Your posting has suspicions... It seems you married this guy to screw him over, evade immigration laws. I don't get an impression that you cared about this guy, cause within a year, you left to live somewhere with some people or some guy. Now, you want to get a greencard which this guy was pivotal in petition you for.

                You know what? You can file for a divorce and file separately, but your husband is going to oppose your petition and USCIS will give credence to his petition. Guess what? If I were you, will save any and all the money I have, wait for the removal proceedings and be gone out of here. If any lawyer promises you that they will help you petition on your own, you are GETTING SCREWED big time. USCIS already have an impression that this petition has been abandoned, so you can go to immigration court. However, the immigration court will only adjudicate your removal proceedings, not the petition for greencard, as this matter is closed according to the immigration officials.

                Comment


                • #9
                  what make you think i wanted to screw this guy over? No matter what you said, I entered this marriage in good faith but things didn't work out. And no, I did not leave him to live with some other guy. I might appear to only care about the Green Card and not care about my marriage because this forum is an immigration forum, so I should ask questions that regard to immigration only and not to include any other info regarding my feelings, my relationship, my marriage...After all, this is not a relationship-chat forum

                  Comment


                  • #10
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Prof.:

                    You know what? You can file for a divorce and file separately, but your husband is going to oppose your petition and USCIS will give credence to his petition. </div></BLOCKQUOTE>
                    My husband and I broke up in good terms and he won't do anything to create trouble for my immigration process although he won't do anything to help it either. Basically, I am on my own.

                    And even if he wants to, i thought that once a person divorced and file the waiver I751, then it has nothign to do with the ex-husband anymore even if he wants to "oppose it".

                    Comment


                    • #11
                      should've gotten an immig. lawyer right after the divorce.

                      your cheapness will now haunt you for years as you try to unravel this mess.

                      r

                      Comment


                      • #12
                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by GCDesperado:
                        oh, is it that simple? My joint got denied, I could just get divorce now, then apply the I751 in the waiver form? </div></BLOCKQUOTE>
                        The common sense tells me you are not eligible for the waver. You filed for joint petition 3 years ago. In all likelhood, it's been denied due to your absence at your mandatory interview.

                        How can you file for divorce waver if you are already denied and still married? That just doesn't work. The divorce should have taken place before the denial.

                        I guess it'll take a lot of money to untangle your mess, and the lawyers will probably ask for huge sums of $$ without the guarantee of success. Unfortunately, there aren't too many options.

                        Comment


                        • #13
                          GCdesperado,

                          You are naive and will pay a huge price in couple of months. If you and your husband broke-up in good terms (which is the first in any relationship: couple breaking up on good terms), then why did he refuse to attend the I-751 with you? He won't cause trouble for my immigration process --yours word. If he refused to attend the immigration interview, how much more trouble would you like to see from him? His refusal and your ignorance caused you this grief...

                          Of course, what it the basis of your petition? If you illuminate us, then we should be able to figure out your source of optimism. Otherwise, you are digging yourself a rat hole. First of all, i don't think you can file I-751 again, because the time limit has elapsed. Moreover, your initial petition has been denied and your in a process of forced removal proceedings. If you moved and didn't change your address with USCIS, then be rest assured that they already send you letter informing you of this situation.

                          Moondim said it best: "your cheapness will now haunt you for years as you try to unravel this mess."

                          I am not aware of any husband who won't harbor bitterness towards his wife, who comes here on the basis of establishing life with him, and leave within a year to live somewhere else. If such a man exist, your marriage never had emotional attachment, dedication to each other and oneness which are the kingpin of all successful marriages. Alternatively, he is happy to get rid of you as you probably caused him more hurt than he could handle. You embarassed him and his family....

                          Comment


                          • #14
                            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Prof.:
                            GCdesperado,

                            You are naive and will pay a huge price in couple of months. If you and your husband broke-up in good terms (which is the first in any relationship: couple breaking up on good terms), then why did he refuse to attend the I-751 with you? He won't cause trouble for my immigration process --yours word. If he refused to attend the immigration interview, how much more trouble would you like to see from him? His refusal and your ignorance caused you this grief... </div></BLOCKQUOTE>
                            When I said he won't cause trouble, I meant he won't call USCIS to withdraw the joint petition, or won't write an angry-spouse letter. But I also said he won't facilitate it either, as in, I am on my own in the immigration process. He will have nothing to do with it.
                            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Of course, what it the basis of your petition? If you illuminate us, then we should be able to figure out your source of optimism. Otherwise, you are digging yourself a rat hole. First of all, i don't think you can file I-751 again, because the time limit has elapsed. Moreover, your initial petition has been denied and your in a process of forced removal proceedings. </div></BLOCKQUOTE>
                            To be honest, I don't know anything about how these things work and I have no money to consult a qualified lawyer. I did not care so much about it as I was too busy focusing in my school. I just started to get worried lately and been doing research about immigration. I've found many people asking about their denial I-751 cases and somehow, a lot of them pull it through. But of course their situations and circumstances are abit different from mine. I've seen some cases, the alien got remarried to another USC and I think the USC can do I130/I485 for them. I just want to stay optimistic.
                            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">I am not aware of any husband who won't harbor bitterness towards his wife, who comes here on the basis of establishing life with him, and leave within a year to live somewhere else. If such a man exist, your marriage never had emotional attachment, dedication to each other and oneness which are the kingpin of all successful marriages. Alternatively, he is happy to get rid of you as you probably caused him more hurt than he could handle. You embarassed him and his family.... </div></BLOCKQUOTE>
                            I understand ur point but there are so many reasons for a marriage not to work out and please don't jump into a conclusiong without knowing the details. About causing pain, he was the one who caused more pain to me than I did to him. He got violent at times during our marriage but I was grateful for the fact that he brought me over here so I didn't want to cause him any trouble. And his violence was not too extreme that it caused me any bruises, it was more like a slap here and there or some threatening. That's why i chose to leave him instead of reporting him to the police. When I left him, he was in no position to blame or to feel embarrassed whatsoever. Not all USCs are "victims" in broken marriages w/ non-USCs u know. Some USCs are a$$holes too. I mean come on, there gotta be reasons for these ppl not able to get a woman/man in the U.S. A lot of USCs having the mentality that because they bring their alien-spouses to the U.S, they are doing their spouses a huge favor, and in turn, they have to be treated like kings/queens. Marriage doesn't work that way u know.

                            Comment


                            • #15
                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Hi everybody, I wonder if anybody in here have had or known people with same/similar case as mine could tell me what my next step would be. Here is my situation:

                              +2001: Entered the US holding conditional permanent resident status, via marriage to a USC. </div></BLOCKQUOTE>

                              Ok.

                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">+2002: Marriage turned sour, so I left him, but didn't do a legal divorce or separation. </div></BLOCKQUOTE>

                              Why not?

                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">+2003: When the time came, I filed the joint I-751 and got the GC extented for a year </div></BLOCKQUOTE>

                              Joint as in meaning with your husband or using a waiver?

                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">+Since then, I moved on w/ my life and each year I came back to check on status, only to learn it's still pending, so I got an I-551 stamp. </div></BLOCKQUOTE>

                              If you "moved on," why on Earth would you ask him to attend the interview with you? Did you and your husband, you know, huh, do the wobble wobble every time you came back?

                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">+August 2006, I got letter to invite me to go for an interview w/ my husband. I did not go becuz my husband didn't want to go with me and going alone by myself would be a denial. </div></BLOCKQUOTE>

                              Smart men breed smarter moves. Good job!

                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">What is happening with my case? What is my next appropriate step? </div></BLOCKQUOTE>

                              Your next appropriate step is for you to start praying as much as you can and look for missionary work back in whatever rathole country it was that you came from.

                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">You should have gone to the interview and told them your situation, came to be married. If marriage was bona fide, then you should be fine. However, should your husband contest the legitimacy and "truthiness" of this marriage, then you are screwed big time. </div></BLOCKQUOTE>

                              Exactly. You had to go to the interview, by yourself, stand right in front of the AO and while looking straight into his eyes, tell him: my marriage was and still is legitimate. BTW, my husband wanted me to ask if you had anything that could cure his stomach virus.

                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">What makes you think I wanted to screw this guy over from the beginning? </div></BLOCKQUOTE>

                              This:

                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">But for abandonment cases, USCIS didn't even have a chance to process/make decision whatsowever about the evidences cuz they didn't even have a chance to interview that person to see evidences. </div></BLOCKQUOTE>

                              You abandoned him in 2002, stayed married all this time AND kept in contact, but now in 2006, you want to "prove" you abandoned him, which only would've happened if there had been domestic violence involved. Right? Or is it b/c he refused to go to the interview the reason why you're NOT trying to screw him over?

                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Not all USCs are "victims" in broken marriages w/ non-USCs, u know? Some USCs are a$$holes too. </div></BLOCKQUOTE>

                              WRONG! Who was the victim in your marriage? Who became an a$$hole, when and why?

                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">I mean come on. There's gotta be reasons for these ppl not being able to get a woman/man in the US. </div></BLOCKQUOTE>

                              Were you not able to find a man in your rathole country? Is that why you came here? What was your reason?

                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">A lot of USCs have the mentality that because they brought their alien spouse over to the US, they are doing them a huge favor, so in turn, they have to be treated like kings/queens. Marriage doesn't work that way u know. </div></BLOCKQUOTE>

                              Why did you look for an American man to marry? If you weren't looking for favors to come here, what were you looking for then? Because if your husband found you on the Internet, you had to have been "selling" yourself on the Internet. Don't you expect a husband in ANY marriage to treat you like a queen? Would you treat him like a king?

                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">When I said he wouldn't cause trouble, I meant he wouldn't call USCIS to withdraw the joint petition or write an angry-spouse letter either. </div></BLOCKQUOTE>

                              He doesn't have to call, nor does he have to withdraw anything. All he has to do is what he isn't going to do.

                              Now read this over and over again:

                              "He said he wouldn't cause trouble, like calling the USCIS to withdraw the joint petition or write an angry-spouse letter either"

                              ...and mark my words woman: when all of this is over, you've given yourself enough time to really move on and finally your head is cleared, you will look back, think about the above and then realize just how good of a man your husband was and how happy you would've been beside him.

                              Comment



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