Announcement

Collapse
No announcement yet.

HELP PLEASE, can anyone assist?

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • HELP PLEASE, can anyone assist?

    I have been married since 2000. My husband filed for me the I 130 and I485.
    I-130 was denied after 911 incident (I am an arabic background) claiming that my marriage was not legite. So we have been fighting that and my I130 Petition got approved last year 2004.
    Now my husband and I are having issues and he wants a divorce and says that he will drop the case.
    after they have denied my 130 i received a letter for a court date for removal proceedings. that date is set to october 2005.
    My lawyer has applied for motion after the 130 was approved to drop the removal proceedings and the court i can just go through INS again.
    But now that my husband is saying that he wants divorce and drop the case, my lawyer told me today that if that is the case he would have not take the case and proceed anymore since it is a conflict of interest.
    I am so lost and do not know what to do. I have not done anything wrong and about to loose all that I have worked for since I have been here since 1997 (on F1 visa).
    CAN ANYONE PLEASE TELL ME WHAT I CAN DO? PLEASE HELP ME? THE LAST HOPE I HAD WAS MY LAWYER BUT it seems that I MAY be loosing him as well.
    CAN ANYONE PLEASE TELL ME ANYTHING THAT I NEED TO KNOW TO STILL LIVE here and still get my green card. I have wroked so hard at school and have a great job and it will be so hard to go back to my native country after 8 years. THINGS ARE SO DIFFERENT AND I DO NOT EVEN THINK IF I CAN ADAPT TO THE LIFE THERE ANYMOE.
    PLEASE HELP

  • #2
    I have been married since 2000. My husband filed for me the I 130 and I485.
    I-130 was denied after 911 incident (I am an arabic background) claiming that my marriage was not legite. So we have been fighting that and my I130 Petition got approved last year 2004.
    Now my husband and I are having issues and he wants a divorce and says that he will drop the case.
    after they have denied my 130 i received a letter for a court date for removal proceedings. that date is set to october 2005.
    My lawyer has applied for motion after the 130 was approved to drop the removal proceedings and the court i can just go through INS again.
    But now that my husband is saying that he wants divorce and drop the case, my lawyer told me today that if that is the case he would have not take the case and proceed anymore since it is a conflict of interest.
    I am so lost and do not know what to do. I have not done anything wrong and about to loose all that I have worked for since I have been here since 1997 (on F1 visa).
    CAN ANYONE PLEASE TELL ME WHAT I CAN DO? PLEASE HELP ME? THE LAST HOPE I HAD WAS MY LAWYER BUT it seems that I MAY be loosing him as well.
    CAN ANYONE PLEASE TELL ME ANYTHING THAT I NEED TO KNOW TO STILL LIVE here and still get my green card. I have wroked so hard at school and have a great job and it will be so hard to go back to my native country after 8 years. THINGS ARE SO DIFFERENT AND I DO NOT EVEN THINK IF I CAN ADAPT TO THE LIFE THERE ANYMOE.
    PLEASE HELP

    Comment


    • #3
      Well they have not yet said anything about denying my I 485.
      And my husband and I did provide them the proof of the marriage being legite and that is what made them change their mind and approve the I130.
      However it has been a year since then and now my husband and I are just not getting along anymore and I wanted to know if there is anything I can do so that the process can still go and get a positive answer on my I485.
      Can they deny it just b/c a divorce is one option that we are looking into after all the counseling we went to?
      Can I be in removal proceedings?
      THANK YOU

      Comment


      • #4
        If I was a Judge, you would have very hard time proving your case to me.
        First, I would inquire, why your I-130 was denied by INS in the first place.
        The officers, per Fed.Regist. regulations, are to approve the USC spouse cases, UNLESS there is a factual finding that would suggest otherwise.
        If I was a Judge, I would inquire, what was the finding of Officer?
        Was it some bogus, arbitrary excuse that he used to deny your petition, or did he find there something else..?

        2. I would at the same look into entire history of your relationship with your husband.
        Could demand any evidence from you, ask you to prove that your intentions were legitimate all along.

        3. Would also question your husband and his intentions.
        Would question as to why, what has caused the sudden rift in his relationship with you.
        I would not accept "..her dog ate my favorite hat.." kind of explanations.


        But I am not a Judge. Nor a lawyer.
        Don't know what you will be asked there.



        In theory you can still win the case. That is, if Judge finds your statements credible, if what you describe is indeed what happened, and you were just very unfortunate to end up in a situation like this.

        The fact that your lawyers 'dumps' the case... that's a bad sign.
        Judge might interpret it as 'ethical conflict' issue, where lawyer becomes aware of your wrongdoing, and refuses to represent you without prejudice, that is, without officially explaining the reason why..

        Anyway..

        If you are honest, legitemate person then have faith and go forward, prove your case.
        Then if you fail, then it is your fate.
        Accept it with dignity.
        And remember, everything in life is for better.
        You may find that out later.

        But if you were in anyway 'circumventing' the law with marriage to USC, then I would strongly suggest you not to proceed with case, instead file for VD and leave the country at your earliest convenience.


        Hope this was helpful.

        Comment


        • #5
          Thank you ImmortaE for your advices above.

          I have nothing to hide and nothing that I have done to be ashamed of.

          I love this man with all my heart and if I have not and it was for the wrong reasons I have been in this marriage I would not have put up 6 years with all that we have been through AND ON TOP OF IT ALL RAISED MU STEP-DAUGHTER SINCE THE AGE OF 8 MONTHS OLD. now she is 7 years old and knows me as MOMMY.

          I am not that type of person to use not only a man but his child to get anything.

          But like you said my destiny will be the one that will come to me.

          My faith is in God and may Justice be made.

          My case has been dropped out of court and if they really thought anything was wrong WHY WOULD MY I-130 BE APPROVED after being denied???????????????

          Comment


          • #6
            Good luck

            Comment

            Sorry, you are not authorized to view this page

            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

            EB-5

            移民日报

            About ILW.COM

            Connect to us

            Questions/Comments

            SUBSCRIBE

            Immigration Daily



            Working...
            X