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Deportation because of conditional green card- Help SAMMY

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  • Deportation because of conditional green card- Help SAMMY

    i received my gc by marrying with usc. but after mailing i-751 signed by both of us, me and my husband got divorced and my i751 was processed after we divorced. ins did not that i was already divorced and i did not inform them also, now when i filed citizenship application after 5yrs later, ins has revoked my gc and now placed me on deportation proceedings. ins charged me for immigration fruad-willful misrepresentation that i did not notify them about divorce when i-751 was pending and by the time when decision was not made. my deportation hearing is in oct, please help , what can i do, i have 2 usc children. i could not sleep, iam getting panoroid. pl help me god beless yu. i need only sammy's help.

  • #2
    i received my gc by marrying with usc. but after mailing i-751 signed by both of us, me and my husband got divorced and my i751 was processed after we divorced. ins did not that i was already divorced and i did not inform them also, now when i filed citizenship application after 5yrs later, ins has revoked my gc and now placed me on deportation proceedings. ins charged me for immigration fruad-willful misrepresentation that i did not notify them about divorce when i-751 was pending and by the time when decision was not made. my deportation hearing is in oct, please help , what can i do, i have 2 usc children. i could not sleep, iam getting panoroid. pl help me god beless yu. i need only sammy's help.

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    • #3
      Good Luck To You, GuestX!

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      • #4
        unfortunatly, BCIS is right. Then they can prove that at the time you received your status you actually did not qualify for it or obtained it fraudelently (and if you were divorced by the time of your adjustment, and the application was initially based on the marriage to a U.S.C., you don't to seem to be qualifying for it).

        You need to get a good immigration attorney and if you prove that the marriage was bona fida but fell apart later on, and that yes, you're removable at this time, but may qualify for a chancelation or stay of the removal order, you may be able to adjust your status (to that of LPR) sometime in the future. Good luck!

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        • #5
          GuestX thank you very much for posting your story, you SAVE MY LIFE!

          My situation is that my wife signed the i-751 in January 2003 and we are separated and because VERMONT is super backlog I will be divorced before they make a decision in my i-751, until I read your personal story I was praying that they would approve my i-751 without interview, and then apply for naturalization once I comply with the 5 years residence requirement, but now I am confused about what should I do? Should I sent a letter with a copy of my divorce decree once the divorce is final so they can added to my pending i-751 or should I send a new i-751 with the waiver so they can also see that I am divorced? Did BCIS told you what should you have done?
          I been thinking about your situation all day long since it could have been mine, and you should fight your case stating that there is no regulation or law that specifies that you must notify BCIS once you are divorced and you have a pending a joint i-751 pending. I have been looking to see what the position of the BCIS is in these kind of cases and there is nothing written about it, even in the i-751 does not specify what would happen if divorce happens before they make the decision, so I don't think its your fault, and also you could have applied to remove the conditions on your own if you have gotten the divorce prior to mailing the i-751 so it does not make sense to punish someone that at the moment did everything according to the law at that moment.
          If my case enters into that removing proceedings stage I would sue the BCIS because is not my fault that my marriage falls after I filed the i-751 and is not my fault thay they are going to take 20months to process my i-751.
          Anyway I would like to get your email so I can ask you more questions, and be updated about your case or send you any other idea that my come to my brain in order to fight your cae, my email is noni181@comcast.net

          Take care and please pos

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          • #6
            Aquila,
            In a recent BCIS clarification, they said that when divorce becomes final is when one qualifies one for individual I-751 filing. In other words, separation is not divorce.

            This implies that as long as the date of the divorce decree is not before the I-751 decision, you are still in order to do the joint filing.

            Like someone advice you elsewhere, if you can delay the actual divorce date, I think you will not be in the same position as GuestX.

            Ways to delay actual divorce include separation, or agreeing with your spouse to separate but not divorce.

            I think thats the best you can do.

            I wont comment about GuestX position coz it only wants to hear from Sammy.

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            • #7
              This appears to be somewhat along the line sof my question, except that I am on the other side of the coin. I, USC spouse, signed a joint I-751 application with my tempGC husband, and it is in process, but since we mailed it he has informed me that he plans to divorce. I don't know if we shall be divorced before the PGC is awarded, or not, as the processing time for NSC is about 10 months yet, but if we are divorced before the PGC is awarded, are you recommending that the USC ex-wife infrom BCIS, so that my ex-H does not automatically get the GC?

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              • #8
                Swiisnut do not try to spoil someone's life out of spite.

                I recommend you just let things play by themselves. Or advice him yo contact BCIS himself to update them about change in marriage status.

                If you do so yourself, it will look vengeful.

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                • #9
                  Even though, GuestX has requested Sammy's opinions only, why haven't you (Halali) commented on GuestX's position if you REALLY know something (CORRECT answer) in this kind of situation, so that everyone can be benefited by your opinion. You know very well that Sammy has already left from this board, so why not you help others, if you know something about immigration laws as you pretend to be.

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                  • #10
                    Halali:

                    Once again you annoy me. Where is it that you are getting the idea that I am vengeful? Look, if this is indeed a marriage fraud issue, and I am the legal sponsor, do you not think that I have rights, too? I recognize that an alien petitioner has some right, but please do not suggest that there should be "protection" for those who commit "wrongs" and not for those who are "wronged". Were my H to get a GC, I am still on the financail hook for 10 years. Do you not think that I have either the right or the obligation to make sure this sort of practise does not continue. Yes, my question may amaze you, but why on earth do you think that the I-864 (Affidavit of Sponsor Support) is in place? My belief is that the government itself does not wish to be burdened, or ther est of tax paying Americans to be burdened by those aliens who try to get here with insincere intent.

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                    • #11
                      Halali,

                      That BCIS clarification does not apply to me, because I already file my joint i-751, and as I said before there is no clarification whatsoever at what step should be taken when divorce happens after filing the joint i-751 but before decision from BCIS.
                      The issue is that even if I get approved I will be at risk when I file for my citizenship because they will noticed that I got my i-751 approved (permanent green card) and I did not let them know.
                      So I have 2 alternatives, I either wait to have an interview and let them know at my interview my marital situation...

                      Or I notify them as soon as I have my divorce decree, perhaps because if I get approve without interview they won't know, and it I will seem that I did it in purpose and that constitutes fraud-willfull misrepresentation form them.

                      I don't think that is fare for us applicants that the BCIS takes this position, when they do not give any information in what to do about this situation, and also they don't give any instruction in the I-751 form itself.

                      Further, if they would not take the time they are taking to process the i-751's this situation would not happen... so I think this could be a very good argument to sue the BCIS...

                      Any other comment or idea will be appreciated, and Sammy I am still waiting any advice please,

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                      • #12
                        I don't agree that you have a basis to sue BCIS. Then you're adjusting your status via a I-751 its founded on your marriage to a U.S. citizen. When the marriage doesn't maintain, what's your argument in demanding an AOS? It's common knowledge that many immigrants blatantly abuse the laws to gain legal status in the U.S., including fraud marriages.

                        People coming from societies where marriages take place at the age of 7-8 and last literally "till death do us apart", no matter for natural causes or with a little "help", it is quite suspicious what the motivations were then the marriage to a U.S. citizen all of a sudden can't last more than just a few years. If it's a bona fida marriage, there should be a way to proove it. Good luck!

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                        • #13
                          Basis is that do not let divorce be final ie the decree before you gave the PR.

                          Separation is NOT divorce. You can separate but DO NOT DIVORCE YET.

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                          • #14
                            I concurr with Advise 2...this marriage based petition for permanent residency is supposed to be based upon an aliem falling in love with someone and wanting to spend his or her life with that person in the USA. If an alien cannot make it work for a period of 2 - 3 years, what does that say about the marriabe and the love he or she felt in the beginning.

                            I would recommend that BCIS ammend their conditions to allow for two situations...1. if the alien ends the marriage or, 2. if the USC ends the marriage. It is my opinion that I not only invested many years in getting my alien H here to begin a life with me, but I also spent a lot of money too. For him to arbitratily decide that our marriage is not worth working on is more of an insult. I put in the effort and time, and I vouched for him with BCIS. He has an obligation to recognize and respect that of me!!!

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                            • #15
                              Swissnut you cannot make someone love you.

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