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Results 1 to 8 of 8

Thread: AOS denied, INA 245(d), please help!

  1. #1
    Hello and thank you for reading.

    My wife is from Indonesia and she was previously married to a USC and became a CPR on 3 MAR 2008. She divorced him in March 2009 and we were married on 17 JULY 2009.

    In December 2009, we filed a new I485 for her. We were advised to do so by a friend who does legal services, but is not a lawyer.

    We had our interview on 10 MAR 2010 and furnished all supporting evidence.

    We recieved her denial letter (I-291) today.

    From the letter this is what I gathered:

    We should have filed a I751 and requested a waiver 3 months prior to MAR 2010. Since we filed the new I485 before her green card expired, they cannot act on that application.

    I am not sure what to do. Any suggestions?

  2. #2
    Hello and thank you for reading.

    My wife is from Indonesia and she was previously married to a USC and became a CPR on 3 MAR 2008. She divorced him in March 2009 and we were married on 17 JULY 2009.

    In December 2009, we filed a new I485 for her. We were advised to do so by a friend who does legal services, but is not a lawyer.

    We had our interview on 10 MAR 2010 and furnished all supporting evidence.

    We recieved her denial letter (I-291) today.

    From the letter this is what I gathered:

    We should have filed a I751 and requested a waiver 3 months prior to MAR 2010. Since we filed the new I485 before her green card expired, they cannot act on that application.

    I am not sure what to do. Any suggestions?

  3. #3
    The reason she denied a greencard application simply because she already DOES have a greencard.

    She needs to remove the conditions first. If her status is terminated, THEN you can apply for i-130/i-485.

    Your next step is to file for removal of conditions (Form i-751) with a waiver of the joint filing requirement. She needs to provide enough evidence that her first marriage was bonafide. Since her card has expired (but her status has not), she needs to also attach to the form a good explanation why she failed to submit i-751 before the expiration of her current card.

    You were advised by a friend who does legal services (i.e not a lawyer), and his advice turned out to be wrong. So instead of seeking professional help from a lawyer to fix your mistake, you ask some online strangers? My friend, please take the time to ask a lawyer. You don't want your wife to have any worse encounters with USCIS.
    "A candle loses absolutely nothing by lighting another candle"

  4. #4
    I am just trying to get as much information as possible; thanks for your reply. I have already planned on getting an attorney, but money is really tight (I am graduating in 2 weeks in mechanical engineering and haven't started working yet).

    The friends who advised us to file the new I485 was the same person who helped her file the paperwork the first time.

    Again, thanks for your insight.

    B

  5. #5
    Please seek help quickly. While Okalian is mostly right, as a condititional permanent resident, her status actually did expire with the expiration of her conditional green card.

  6. #6
    A quick update:

    We engaged a lawyer who agreed to help us to appeal the decision. However, that was in June of 2010 and I havent heard anything from USCIS. Our lawyer does not return phone calls or emails. His fee was $1800. I am thinking about filing a complaint.

    I am not really sure what to do now. We do not have any more money to pay a new lawyer. Her conditional green card expired March 2010. She is not working right now and has a drivers license until 2014.

    I will try to contact USCIS and see what our options are. This is really frustrating.

    B

  7. #7
    You are a clueless idiot. Go throw yourself under the bus. j/k

    On a serious note: consult an immigration attorney. A GOOD one! Work 3 jobs if necessary to pay for it but DO IT!

    Or, be stupid, rely on hearsay , lament what an opportunistic lawyer did to you and make more mistakes and update us in a year from now how much water you can squeeze out of your pillow.

    Good luck.
    http://www.anbsoft.com/images/usflag_med.jpg

    "...I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibit

  8. #8
    Being she divorced the husband so quickly after getting her 2yr card there would have been a presumption of fraud when the removal of conditions should have been filed back in Dec 2009. Not that it even matters now.

    Since the two years are up, the conditional card is expired. That's part of the reason they have the two year temporary card in the first place, to be sure things are above board.

    She is now illegal. She's screwed unless you get those extra 2 or 3 jobs as E suggested and keep her from being picked up. If she's picked up, you're looking at a 2500.00->10,000.00 bail to start. Maybe, just maybe some lawyer might be able to pull a rabbit out of their hat if the fees are paid. You're probably looking at a $10,000 case.

    If your in the riverside area I'd avoid those lawyers and get one further south. If your in or around Phili, can't help ya.
    This message brought to you by the vast right wing conspiracy.

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