ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


中文移民日报




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Page 1 of 4 123 ... LastLast
Results 1 to 10 of 33

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

  1. #1
    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. #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?

  3. #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...

  4. #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?

  5. #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...

  6. #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.

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

  8. #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.

  9. #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

  10. #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".

Similar Threads

  1. Dont want to live in US
    By Olive4u77 in forum Immigration Discussion
    Replies: 10
    Last Post: 12-19-2007, 05:21 AM
  2. dont know what to do
    By tywanna in forum Immigration Discussion
    Replies: 2
    Last Post: 11-19-2004, 05:19 AM
  3. Replies: 5
    Last Post: 09-14-2003, 10:16 PM
  4. dont get offended
    By in forum Immigration Discussion
    Replies: 2
    Last Post: 02-17-2003, 06:07 PM
  5. Please dont let me go
    By in forum Immigration Discussion
    Replies: 5
    Last Post: 02-07-2003, 05:45 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: