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  • In need of advice

    Hi, I'm new to this site and have some questions. My story is a long one, so I won't write it all here. If you're interested in it, please ask me and I'll be glad to tell you. I'm pretty desperate for some advice on my next actions.
    When I was 20 I met and married an American man, we moved to California and lived together until 2weeks before we seperated. Once the seperate happened, I left the house and eventually left the country back to Australia (my home). After a few months home, I decided to come back to the States and try to start my life over. I'd worked hard to get here, and decided I didn't want to give it up without a fight.
    In July on 2005 I returned. I flew into Hawaii only to get held by the INS for a few hours as my Permanent Resident Card had expired. They let me into the country so long as I filed the Removal of Conditions on Residence form. I sent it in, as per the instructions on the form, and waited. And waited. Nothing ever came back, and the check I'd sent along with the form wasn't ever cashed.
    I called the INS hotline and spoke with someone who told me to wait more, and that sometimes these things take a long time. I asked them if I was jeopardising myseelf by staying longer than 3months (which I know is the temporairy visa length). They told me at the time that I was still a permanent resident and still allowed to be here. After another month had gone by, I called the INS again. This time I spoke to a different person who told me that I'd waited too long and to get the forms in ASAP with a check for $205US. She told me not to send them in without copies of my divorce decree and other substansiating evidence that my marriage wasn't a fraud.
    I called my ex-husbands lawyer, as I didn't have a lawyer of my own to call, and asked him for copies of the papers. He agreed to send them to me, and I waited some more. Long story short, he didn't send the forms. I called him again today, after months of chasing him, and he has agreed to resend the forms.
    I'm wondering how much trouble I'm in. I'm wondering what my chances are? I'm no longer married, so I don't have a sponsor. I haven't been working here, so I haven't broken any other laws, I just haven't got my paperwork in order. (Yes, I realise it's very serious.) I just don't know what to do now. Please, if there's someone who can help me, please please get in touch with me.
    Thank you in advance.

  • #2
    Hi, I'm new to this site and have some questions. My story is a long one, so I won't write it all here. If you're interested in it, please ask me and I'll be glad to tell you. I'm pretty desperate for some advice on my next actions.
    When I was 20 I met and married an American man, we moved to California and lived together until 2weeks before we seperated. Once the seperate happened, I left the house and eventually left the country back to Australia (my home). After a few months home, I decided to come back to the States and try to start my life over. I'd worked hard to get here, and decided I didn't want to give it up without a fight.
    In July on 2005 I returned. I flew into Hawaii only to get held by the INS for a few hours as my Permanent Resident Card had expired. They let me into the country so long as I filed the Removal of Conditions on Residence form. I sent it in, as per the instructions on the form, and waited. And waited. Nothing ever came back, and the check I'd sent along with the form wasn't ever cashed.
    I called the INS hotline and spoke with someone who told me to wait more, and that sometimes these things take a long time. I asked them if I was jeopardising myseelf by staying longer than 3months (which I know is the temporairy visa length). They told me at the time that I was still a permanent resident and still allowed to be here. After another month had gone by, I called the INS again. This time I spoke to a different person who told me that I'd waited too long and to get the forms in ASAP with a check for $205US. She told me not to send them in without copies of my divorce decree and other substansiating evidence that my marriage wasn't a fraud.
    I called my ex-husbands lawyer, as I didn't have a lawyer of my own to call, and asked him for copies of the papers. He agreed to send them to me, and I waited some more. Long story short, he didn't send the forms. I called him again today, after months of chasing him, and he has agreed to resend the forms.
    I'm wondering how much trouble I'm in. I'm wondering what my chances are? I'm no longer married, so I don't have a sponsor. I haven't been working here, so I haven't broken any other laws, I just haven't got my paperwork in order. (Yes, I realise it's very serious.) I just don't know what to do now. Please, if there's someone who can help me, please please get in touch with me.
    Thank you in advance.

    Comment


    • #3
      Let me see if I understand this. You recevied a green card CONDITIONAL but never filed to have the conditions removed? Left the country and tried to re-enter.

      I say its a miracle that you were even allowed to enter.

      Comment


      • #4
        The fact she's from Australia probably helps compared to if she's from Pakistan or Philipina.

        The question is, can you even file the divorce-based waiver after the conditional PR has lapsed?

        Comment


        • #5
          That's what I've been told. The INS guy in Hawaii gave me his number so I could give it to the INS with my forms, in case they wanted to talk to him.
          At the time of reentry, he gave me two options: 1. to file the form and go on my way or 2. give up my card then and there and enter as a tourist, thus giving up my rights to my previous residency. Naturally I chose the first option, and have gone through hell ever since. I know I have to file the form to know anything, but I'm wondering if anyone has any advice on what I can do to avoid deportation. Also, what happens if you do get deported? (Besides being sent back to your 'home' country.)

          Comment


          • #6
            A deportation is the immigration equivalent to a bankruptcy. Other than getting sent home it will compromise any future immigrant petition you may file.

            I hate to say it, but if you don't get this taken care of right away you may end up being out of futher options.

            Comment


            • #7
              That's what I'm trying to do. *sigh*
              Thanks anyways

              Comment

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