PENDING CASE

[Cezitah 0]

hi! Can somebody refer me a good immigration lawyer here in las vegas. Me and my husband got the interview for my removal of condition, we have a baby under his name, and the officer showed rudeness to us and said that is my husband sure if the baby is his, and if we are willing to have dna test, and we said yes. He even make a big deal out of my husband mix up the 2 house numbers of our address, made us separate and individually interviewed us.  We got all the documents presented. Please somebody tells me whats the best thing to do. We just have the letter from him saying further investigation and pending

[Ebunoluwa 6,136]

Nothing you can do except to let them finish their investigation and make a service request in a month or two.

[geowrian 22,335]

Agreed. You just need to wait until a decision is made, or they request more information. You're certainly free to get an attorney, but there's nothing they can do until then either. Just keep following up with your case every couple weeks or month.

[sharkfin07 16]

1 hour ago, Cezitah said:

hi! Can somebody refer me a good immigration lawyer here in las vegas. Me and my husband got the interview for my removal of condition, we have a baby under his name, and the officer showed rudeness to us and said that is my husband sure if the baby is his, and if we are willing to have dna test, and we said yes. He even make a big deal out of my husband mix up the 2 house numbers of our address, made us separate and individually interviewed us.  We got all the documents presented. Please somebody tells me whats the best thing to do. We just have the letter from him saying further investigation and pending

Your interviewer is just expressing / wielding his discretionary powers in a manner unpleasant or even scary to you. Given today's atmosphere of discouraging entry of immigrants, coming from the highest Office of the land, it would not be surprising if many more of this attitude will be expressed towards incoming immigrants, whether muslims or not, just plain, " he just does not like the looks of your faces." and this last reason is difficult to prove. Sad.   

[Cezitah 0]

Thanks for replying regarding my case. What bothers me is about my job, my 1 year letter of extension (for my 1st green card) is expired as of January 29 2017 and he was saying that I shouldn't be issued a green card in the first place since my application from it is not valid since the divorce from my first marriage didn't took effect from october of 2013 and we filed nov 2013 coz me and my husband got married September 2013. We were interviewed for my first green card then it was granted.  Now the second officer gave us hard time that even our daughter was being questioned. On the first green card we just submitted all the documents that is needed fory husbands petition, and attended the interview, whatever mistakes was done on it was out of our control, thats what my husband is fighting for

Edited February 1, 2017 by Cezitah

[Ebunoluwa 6,136]

8 hours ago, Cezitah said:

Thanks for replying regarding my case. What bothers me is about my job, my 1 year letter of extension (for my 1st green card) is expired as of January 29 2017 and he was saying that I shouldn't be issued a green card in the first place since my application from it is not valid since the divorce from my first marriage didn't took effect from october of 2013 and we filed nov 2013 coz me and my husband got married September 2013. We were interviewed for my first green card then it was granted.  Now the second officer gave us hard time that even our daughter was being questioned. On the first green card we just submitted all the documents that is needed fory husbands petition, and attended the interview, whatever mistakes was done on it was out of our control, thats what my husband is fighting for

 

So wait a minute....you married in SEPT 2013 and filed NOV 2013 and your divorce was final in OCT 2013 ?
Please clarify if I am not understanding. If you married before your divorce was final then the CO is correct.
 

[Cezitah 0]

Yes, but in our belief we are married in good faith plus we submitted all the documents needed for petition and I was granted the green card.  Right now they are asking for DNA from my husband and my daughter which is we can't understand why.  My husband told the CO that even the result is not his, still at the end of the day he is the father of our daughter.  He is the father listed in the birth certificate.  

[Ebunoluwa 6,136]

1 hour ago, Cezitah said:

Yes, but in our belief we are married in good faith plus we submitted all the documents needed for petition and I was granted the green card.  Right now they are asking for DNA from my husband and my daughter which is we can't understand why.  My husband told the CO that even the result is not his, still at the end of the day he is the father of our daughter.  He is the father listed in the birth certificate.  

 

It does not matter if in your belief you are a good faith marriage and I do not doubt that.
What matters is the law and you were not legally free to marry when you married your now husband, you

should have waited until you were legally divorced.

You definitely should get a lawyer as I see no way for you to be approved.
Sure he is the father of your daughter but if he is not the biological father then that is another issue with documents.

It is about the immigration law and requirements and not what you want it to be.
I do hope you get approved but really don't see how that could be possible and how they missed the divorce date being after the marriage

when you got a green card.
I do wish you the best. Let us know how it all turns out.
 

[Pinkrlion 2,607]

Even if it was a USCIS error, you are not legally married, therefore, you are not entitled to gc and it will be recinded.  YES u need a lawyer!

[geowrian 22,335]

1 hour ago, Cezitah said:

Yes, but in our belief we are married in good faith plus we submitted all the documents needed for petition and I was granted the green card.  Right now they are asking for DNA from my husband and my daughter which is we can't understand why.  My husband told the CO that even the result is not his, still at the end of the day he is the father of our daughter.  He is the father listed in the birth certificate.  

I agree with @Ebunoluwa. If you were not legally divorced at the time you re-married, then that raises many issues.

 

1) Your second marriage would not be legal. Any immigration benefits obtained via that marriage would also be invalid.

2) You technically committed bigamy. This is a criminal offense. Given that you were separated and the timings were so close, I'm doubtful any reasonable prosecutor would follow up with this, but it is absolutely something for USCIS to consider.

[mindthegap 2,521]

11 hours ago, geowrian said:

I agree with @Ebunoluwa. If you were not legally divorced at the time you re-married, then that raises many issues.

 

1) Your second marriage would not be legal. Any immigration benefits obtained via that marriage would also be invalid.

2) You technically committed bigamy. This is a criminal offense. Given that you were separated and the timings were so close, I'm doubtful any reasonable prosecutor would follow up with this, but it is absolutely something for USCIS to consider.

 

This.

Somehow USCIS missed the dates when processing and approving your original petition, which shouldn't have happened.

 

You need a lawyer.

 

Since you are now legally divorced and not legally married, I wonder if you potentially could marry now (legally this time :D) , and then adjust status? Although you can only do that if you were admitted into the country legally in the first place, which if it was on the basis of an incorrect / fraudulent immigrant marriage visa, is not looking a likely prospect.

I say fraudulent, since that is what USCIS will interpret it as.. You applied for an immigration benefit on the basis of alternative facts - ie, you weren't legally divorced or legally married to the person petitioning for you.

 

 

I say again, you need a lawyer, and would advise that you get one quickly.