I have filled an I-485 3 times but now my wife is being ordered to leave still.

[Theone]

It is possible for an IJ to grant status, but quite rare, there has to be a compelling reason.

But you have to be in Deportation proceedings to start with.

Seking adustment them pre-supposes fraudulaen intent.

[explora]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Someone12:
bottom line she lied to our embassy officials when she was applying for her visa, and then lied to our immigration officials when she arrived in the US and then, like most 'asylees' conjured up more lies trying to obtain asylum under false pretenses, then marries yet another village idiot (wow, the US apparently has no shortage of these double-digit IQ ****s) and now Mr. Village Idiot is trying to explain away all her lies and his lies, without benefit of a dictionary. Send her lying butt back to Indonesia...better yet, why don't you go with her? </div></BLOCKQUOTE>



SOMEONE 12's PHOTO

bottom line she lied to our embassy officials when she was applying for her visa, and then lied to our immigration officials when she arrived in the US and then, like most 'asylees' conjured up more lies trying to obtain asylum under false pretenses, then marries yet another village idiot (wow, the US apparently has no shortage of these double-digit IQ ****s) and now Mr. Village Idiot is trying to explain away all her lies and his lies, without benefit of a dictionary. Send her lying butt back to Indonesia...better yet, why don't you go with her?

[4now]

Hey buddy

You better get moving on this one. Put a thread out to MOHAN . Perhaps he can help you.. he has helped a lot of people in these situations. I think he still pops in on the board, if not try him on british expats maybe

Just so you know, you are in deep . check out Shusterman for consultation. This is probably going to cost a lot at this point if you want to save your wife to be here

Good Luck

[Darkforce]

See thr latent hostility come out when confronted with the truth?

[torlov]

You must have very sad life darkforce if you have nothing better to do other then come on here and post dumb *** replies to peoples questions, I bet your the kind of person that puts peanut butter on your nut sack and has your dog **** it off. in your case your mom should have listened to the doctor and aborted you. And you want to threaten to have me banned? how sad numb nuts you will never get rid of me.

[Darkforce]

People usually do not switch lawyers unless the lawyers insist that their clients do not perjure themselves. I think that this is the case here. Something is going on and he is not being fully honest with us.

[Darkforce]

See what I mean? This story is complete nonsense as explained. Maybe he did not explain it correctly. Who knows. But it makes no sense whatsoever; right?

For the slow learners (ie. Stinky Foot Shelley):

Sometime before 2001 Wife files bogus asylum claim; She gets put into removal proceedings; this should trigger a bar to I-130 being approved unless she leaves country for 2 years

Now he changed his story and says that the asylum case was still ongoing and she was not in deportation when they got married; HUH?

Married 2001; they continue to proceed with an asylum claim that has 80 % chance of being rejected rather than doing AOS (I-485) based on marriage with 100 % chance of being approved !

I-130 (Petition for Alien Relative Approved in 2002); but you normally file AOS with I-130 so what is happening here ?

He spells asylum incorrectly repeatedly. Now if this guy has spent 5 years working on this, why would he be spelling this incorrectly?

Also he talks of a "local senator" ; I don't know what that means; a State Senator? Why would a State Senator be involved or any politician for that matter?

He discusses sending different applications all over the country.

Then the judge thing makes no sense; if you have a choice; asylum or marriage based; why would you try asylum; and did he cancel the I-130 and approve it or the asylum case; does this make one bit of sense?

Finally he says that he is SO IMPORTANT that he can not travel more than 50 miles from his job and he is so important that he is not allowed to take any vacation days or personal days (Wow he must have some job !) Makes no sense and indicates an exaggerrated sense of self importance and deception.

So is it any wonder that he chose the clown as his icon?

Get your story and your facts straight and then explain to us and do not lie. I think you are lying to us big time, to the immigration service and to America !

[torlov]

My wifes I-130 was approved back in 2002 and so that is not an issue now, My wife arrived in the country legally and filled her assylum claim before her stay expired. We got married in December of 2001 and the lawyer we had at the time tried to continue my wifes assylum claim and my petition at the same time, the assylum judge ordered the lawyer to cancel one of the cases and hne decided to cancel the I-130 and continue with the assylum claim. Then the judge denied my wifes assylum case and advised us to hire a new lawyer and file the I-130 which we did and the judge approved that and dismissed the assylum case and allowed us to move on with an I0-485. That is when our problems started, the lawyer submitted the incorrect documents and when we found that out we fired him and hired another lawyer, that new lawyer filed a 1 step application when he should have filed a 2 step application, from 2002 until around june of 2007 my wife had never recieved anything from USCIS regarding an appointment, when we moved I spoke with another lawyer and he got the case transfered to Illinois and within a month my wife got her work permit notice, When she got the notice to travel to Chicago for her hearing I could not attend because I am on call with my job 24 hours a day and can not travel more then 50 miles from my work site and thats why I could not go and the lawyer did send the request to change the venue but part of my wifes file is still in New York and the other half is in St. Louis, the notice was mailed from the New York Office. We have been told by USCIS, the lawyer and the local senator that the I-130 is still valid and that does not need to be sent in again but we do have to file an I-485 but again no one seems to know what will happen to my wife if we file it even though the old case was officialy closed due to abandoment.

[Darkforce]

i think also there was a period 7 years ago the Dream Act allowed for ewi's but no longer

[Darkforce]

I wouldn't trust everything on the internett. Sometimes people just get confused with their stories and abbreviate the truth or make it seem more convenient. I know you can't adjust status from a non-status. Mexicans are much more likely to be EWI than others. And its very likely they could have come and gone back and never detected. In this circumstance they would not have an issue (I am not reccomending that however; highly illegal and risky !.

But once they are "caught" and once they get into the legal system they are going to be watched closely. They have their sights on this woman for whatever reason, maybe they think her asylum claim was fraudulent and are ticked off.

Personally, I don't think they have any other option. Would be interested to see.

[Darkforce]

I have never heard of an EWI petition being granted. I know many times, either on purpose or by mistake, petirions get approved that should not be. An adjustment of ststus for marriage to an EWI should never be approved. Thats the law, but thats not to say it wouldn't happen. I think in recent years the service has been much better at training and auditing approvals so the chances are slimmer than they used to that a mistake like that can happen. Its a roll of the dice.

[Darkforce]

On the I-130 form "Who may not file.." section 6 - Spouse who is in removal proceedings...

It does not indicate this on the I-485 but there is a section there which bans it if your authorized stay has expired but this is normally waived in most marriage cases.

However, putting the 2 forms together it would imply that overstaying is waivable until the spouse is put into removal proceedings.Then the spouse must leave the country for 2 years before applying for I-130.

An alternative scenario arises in a situation where someone has failed or abandoned removal of conditions (I-751) based on a marriage that has been terminated. If an I-751 is not filed or is abandoned, a person loses their status as of the 2 year anniversary of being gicen conditional status and is removable although may not actually be in removal proceedings. One attorney told me that this 2 year rule automatically applies but I disagree. I think you have to be in official removal proceedings for it to apply. He has a client that remarried and abandoned the removal of conditions and he claims this is the case and they are banned for 2 years. Also if the agency finds marriage fraud, they can not be sponsored by the new spouse (but probably by their USC child in 21 years). I am not privy to the outcome of that case.

In the situation described above, the spouse was definitely in removal proceedings. Therefore it has to apply. I see no waiver possibility as it is explicitly laid out on the form and the law. This spouse should go home, wait the 2 years and then apply. I believe this would involve the least amount of risk and pain. Would be interested if anyone has a different opinion.

[Darkforce]

Here is a link to statistics on asylum

http://www.dhs.gov/ximgtn/statistics/

The person he is applying for is INELIGIBLE for adjustment of status because she was in removal proceedings. Review I-130 form instructions for further details. A husband or wife in exclusion or deportation hearings when the marriage took place may not get I-130 approved unless they have resided outside the US for a 2 year period. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb9...CM10000045f3d6a1RCRD

The question has been answered; your application is once again, sadly, DENIED. It is futile to keep reapplying.

Please close this thread IMMEDIATELY or you will be REPORTED to ILW.com officials and action will be taken against you to be banned from the internet forever

Thank you for your inquiry.

[herbit]

The asylum case was denied. Let's move on. What about this pending I-485? Why didn't you go to the your interview? I don't understand why you would want to re-schedule something so important. What is your lawyer planning on doing besides re-filing?