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Results 1 to 10 of 10

Thread: Question for BushMaster and/or people with I-130 + Proceedings

  1. #1
    Guest
    I have been following your case and mine is very similar to yours... Overstay --> Proceedings ---> Bond ---> My girlfriend and I got married and filed I-130 through lawyer. In your appearences in court, did you ever get a chance to talk with your judge or is it your attorney that does most of the talking. What does the Judge ask you talk about? Does your wife attend with you? I am new to all this stuff and would really appreciate any helpful advice. We received a letter with "intent to deny the petition" and it asked for supporting docs and affidavits to prove the marriage validity. We submitted all that stuff through our lawyer and now waiting for the reply on the I-130. My Lawyer also asked me to fill out I-485, Affidavit of support by USC Spouse, App. for Employment authorization and get a medical exam. All that stuff to be turned in after I-130 approved. Bushmaster, does that sound similar to your situation? How long the Medical exam is valid? According to my lawyer, after I-130 approved, he will ask the Judge to terminate proceedings and adjust status.
    My Wife and I have known each other for over 5 years and cant stand to be apart. Please pray for us and we'll do the same for you. God Bless.

  2. #2
    Guest
    I have been following your case and mine is very similar to yours... Overstay --> Proceedings ---> Bond ---> My girlfriend and I got married and filed I-130 through lawyer. In your appearences in court, did you ever get a chance to talk with your judge or is it your attorney that does most of the talking. What does the Judge ask you talk about? Does your wife attend with you? I am new to all this stuff and would really appreciate any helpful advice. We received a letter with "intent to deny the petition" and it asked for supporting docs and affidavits to prove the marriage validity. We submitted all that stuff through our lawyer and now waiting for the reply on the I-130. My Lawyer also asked me to fill out I-485, Affidavit of support by USC Spouse, App. for Employment authorization and get a medical exam. All that stuff to be turned in after I-130 approved. Bushmaster, does that sound similar to your situation? How long the Medical exam is valid? According to my lawyer, after I-130 approved, he will ask the Judge to terminate proceedings and adjust status.
    My Wife and I have known each other for over 5 years and cant stand to be apart. Please pray for us and we'll do the same for you. God Bless.

  3. #3
    Guest
    OK, it is a very similar situation, but first I wanna ask you this question, didn't you appear in immigration court yet?

    "In your appearences in court, did you ever get a chance to talk with your judge or is it your attorney that does most of the talking."

    On some occasions, yes, I did talk to the judge, I think it is a blessing that I went thru 2 great judges. My attorney is on the ball and he does the necessary talking as you can imagine... Also judges ask you, "Is your name etc. etc.?" and "Are you living at etc. etc. address?" I thought you should have known this.

    "What does the Judge ask you talk about? Does your wife attend with you?"


    The one in New Jersey interviewed shortly on my bond/release hearing, about my relationship's validity with my US citizen fiancee... Questions like they would ask on an AOS interview...

    Now my comments: You are almost there, probably next hearing your proceedings might be terminated by the judge. Your attorney told you that AOS will be filed because he has no doubt that I-130 will be approved after submitting the evidence! Even if they deny after the evidence submission, you can always appeal to that, and when the evidence/argument against the reason to deny is entered, the case will be automatically approved.

    You are in good shape,so there is not much to be worrying about! You can adjust your status before the judge or the judge can transfer the AOS application to the local office upon your request.

    Well now my questions:

    When did you file the I-130? What service center your I-130 was filed? Was it ever relocated/transfered to the local INS office? How long did they take to send you the letter "intent to deny"? What kind of evidence did you submit?

    It starts as a similar case, but not the I-130 case, they almost adjudicated your I-130... I don't know what happened to our I-130, all I know is it was in IBIS checks for the last 6 months!!!!

  4. #4
    Guest
    I have been in front of ij at bond hearing and he asked the usual plus circumstances leading to my current situation. He was very pleasant and agreed to the bond my lawyer asked. The reason why I asked you about ij was that I was wondering if my situation was different. The last time I was to appear in front of ij was in my city, in April, at the local INS office and the IJ by phone from another city. My lawyer informed the IJ that his client is married to usc and I-130 filed and had a letter of receipt. IJ agreed to continue the proceedings till feb 2003
    To answer your question, I-130 filed Jan to Texas Ctr, leter of intent and I-130 transfered to the INS office in my city by Aug/Sep, sent eviednce in a couple of weeks to the local INS office in my city and waiting on the reply for I-130 Approval. Evidence included lease, joint bank acc, car insurance, usc life insurance policy showing spouse as benificiary, some mail addressed to both, letters from friends attesting to validity of marriage, pictures ( 15-20) evidence of same address for both of us.. Bushmaster, If you can think of any additional stuff, please let me know as it might help us in future.
    Bushmaster I wish us both success in our situation and hang in there. I'll keep you posted and if you think of something helpful, please let me know. Please pray for our situation. I'll do the same for you.

  5. #5
    Guest
    Guest - why you were placed on deportation proceedings? Did they detain you? And most importantly, did you marry your USC spouse BEFORE or AFTER the deportation proceedings began?

  6. #6
    Guest
    My friend, you are in good shape, you have nothing to worry about, you are almost there...

    Our situation is same, same, same... Only difference is I am suspecting my I-130 is being held for some reason (I am a pilot) or they lost it in IBIS. I can't believe it is still in IBIS since last March...

    It is in GOD's hands, since noone can do anything... The IJ is monitoring the case and she asked the INS to relocate the I-130 but I don't think they really care about what IJ says...

    I assume you married after proceedings started, and I again assume your adjudicator for I-130 must be a prejudiced one, or s/he needed more evidence, but why not sending a RFE? They sent intent to deny letter instead, weird... Well don't worry again, because we have the same kind of evidence you got... And those will be enough... If you adjust before the judge (which I think I will) IJ will interview you guys, like an AOS interview... That's the next step...

    We filed our I-130 in January too, but in Nebraska, and I didn't know Texas Center was that fast... See I think I need the prayers more than you do :-)

    If you were married before the proceedings started, then INS might have agreed to the termination of proceedings in the first place, but sometimes they don't do that, you know their job is to get you deported man... But thankfully we have courts to show cause that we can't be sent back...

    My story is so sad actually, I was a victim of cirsumstance after Sept.11, I was engaged and we planned our marriage, since I was out of status we thought it's be nice to have a lawyer to handle the case. We called the guy and he was going to file it, oneday I lost my wallet and we called the guy again to ask if it would be problem since my birth cert. was gone... I had my passport and it said "PILOT" in the occupation... Next day I was in INS custody... I really need to get over it, and forgive the guy because he did what he thought was right...

    When we explained these facts to the judge, he released me and I got married happily... And now they might still be holding my case up because of my profession, it is so sad... whenever we call for case status, it is in IBIS checks... As you see, my only wrong was to be a pilot in their eyes... But I know God is on my side and asking me for a little more patience, when God is with me, who can be against me?

    John

  7. #7
    Guest
    Dear Guest and John.
    As John knows I am in the same situation as you guys, it is just so strange to see three similar cases where I-130s are filed and three different outcomes.

    In my case I was put into removal proceedings on July 3rd. Was in custody for 5 days before a bond could be posted for me. Got married to my fiance on July 24th (we were planning to do it anyways before put into proceedings, just not so soon).

    Filed the I-130 in the detroit local office and recieved a NOA soon after. The I-130 case was then transfered to Detroit again in September. Since then I havent heard anything from Detroit.

    I appear in front of the immigration judge on May 30th. I just think it is so strange for three similar cases to have three different outcomes.

    Guest why dont you give me your email address. Perhaps like how bushmaster and I did. We can exchange infos and help each other.

  8. #8
    Guest
    The Beta,

    My friend, there are 3 different outcomes because nothing in INS is standard, difference is caused by the way examiners work. Also the implementation of IBIS network... It really had a terrible impact on case processing speed, but it was a thing that had to be done I guess...

    Hang in there...

  9. #9
    Guest
    Yes Bushmaster.. And it is just ridicluous, one would think they have a uniform policy towards all people but the dont and I understand your frustration with the IBIS system. God knows what they are doing with your case.

    I mean what kind of security checks are these that take a year. I mean one has to realize that if you were a security breach in anyway you could have done whatever they hell you wanted by now....

    Ridiculous man. My prayers are for both of you guys as I know what you guys are going through. the frustration of being in the hanging not sure what your future holds for you.

  10. #10
    Guest
    Yep, well, to be honest, I forgot about it man, I let it go... it is in GOD's hands, and that is it. Why would I worry about it? I have everything I want, I am married with the one I love, I have friends and etc., a good health, I have everything to enjoy life, to make it short... So why would I worry about INS? I have a good attorney, a good immigration judge, and I am not being removed from US... Well, the rest is God's work and for sure INS is no problem for God.

    Keep the good attitude for yourself... As soon as you appear at court, IJ will ask to your attorney "what you got?" You attorney will tell the IJ the details of your case, and your marriage, and the status of I-130, IJ will most likely turn to the INS counsel and ask "What have you been doing?" That is all... That is what my IJ will ask in Feb.

    Keep cool...

    Happy new year if I can't talk to you...

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