Green Card Pending

[littlepeanut25 0]

Hi all,

I am new to this group, and here just to help my mom out, not myself as I am not planning to move. I am not sure if  I am posting this on the right group, if not please take it easy and guide me where to post. Thanks.

My mom came to the US about 10 yrs ago, I am not sure when she got married, but she got a notice for finger print taking on 06/04/2013. They told her paper will be sending out in couple weeks, so she couldn't do anything else except waiting since then. I got really confused and frustrated whenever we talk about this and decided to look for an answer. She gave me her USCIS number to look it up on the website but it said the number is invalid. It's been 4 yrs so far so I would really appreciate this if someone could tell me what should I do to follow up my mom's case.

 

Thank you so much,

Peanut.

[geowrian 22,335]

What visa did she come to the US on?

On what basis was she adjusting status to get a green card? i.e. marriage to a USC? marriage to a green card holder (LPR)? Something else?

Is she currently married to a USC/LPR?

 

AOS does normally takes about a year. Sometimes longer, but not 4 years, and especially without having had the interview yet.

[Coco8 1,039]

This is very odd. If she has been waiting for 4 years she should take it more seriously because in the current times she could be asked to show proof of legal residency/etc. She could also miss the opportunity to finalize her paperwork and might have to start again (if that is even a possibility). Maybe you can scare her a bit. 

[littlepeanut25 0]

She came on tourist visa. I knew it wasn't a good way but at that stage we had no choice when my family went bankrupt. I was assuming the letter gone missing or somehow but she said she checks frequently. And she married a USC by the way. No interview yet, only bio and health check so far.

[Roel 7,191]

My best guess is that she got a rfe and failed to respond. And her aos got denied. I'm also surprised no one from your family did nothing for 4 years o.O. she will have to start aos again. Plus a new medical. I'd suggest hurry up because your mom is likely out of status and deportable. 

Edited June 14, 2017 by Roel

[littlepeanut25 0]

Thanks. I sent the USCIS an email. I'm from the other side of the world so not many things I could do. But yes I should look this up earlier. I have always been worried for this but just thought I couldn't do anything from here. My bad 😞

[littlepeanut25 0]

But one more thing I knew is her husband divorced long time ago by hand written paper. And the officer didn't thing that is good enough but he couldn't contact his ex-wife.

[geowrian 22,335]

2 minutes ago, littlepeanut25 said:

But one more thing I knew is her husband divorced long time ago by hand written paper. And the officer didn't thing that is good enough but he couldn't contact his ex-wife.

So she's no longer married?

[littlepeanut25 0]

Somethings might be misunderstood by my english.

- my mum's current husband got married and divorced his ex-wife but only by hand written paper.

- my mum and her husband is now still married, they submitted his divorce paper with the ex but the officer wanted another divorce paper, not hand written one but my mum current husband can't contact his ex-wife.

-> so my mum is still married.

hope this is clearer

[Coco8 1,039]

Maybe the RFE referred to the divorce.

 

I think your mom should be more proactive. If for some reason the divorce her husband got is not official, she could be in trouble if something were to happen to her husband. Why can't the husband contact the ex-wife? Maybe she wants to get remarried and would like the divorce to be real. Moreover, she could even inherit part of her (supposedly) former husband assest if they are still legally married. 

 

Were they married in another country? Maybe there is a way around it. 

Edited June 14, 2017 by Coco8

[Roel 7,191]

If the previous divorce wasn't official, the worst case scenario is that your mom husband comittet bigamy and the marriage is in valid. In that case your mom will not get a green card. 

[geowrian 22,335]

28 minutes ago, littlepeanut25 said:

Somethings might be misunderstood by my english.

- my mum's current husband got married and divorced his ex-wife but only by hand written paper.

- my mum and her husband is now still married, they submitted his divorce paper with the ex but the officer wanted another divorce paper, not hand written one but my mum current husband can't contact his ex-wife.

-> so my mum is still married.

hope this is clearer

Okay, I think I get it. Thank you.

 

It sounds like the issue was the divorce. My assumption would be an RFE was issued and not responded to, and the case was denied. A handwritten paper is not legally recognized as a divorce (at least in the US), so her husband was not free to remarry. As such, he technically engaged in polygamy, and her current marriage would not be legally recognized. Therefore there was no basis to file for AOS.

 

If that's the case (somebody needs to get things sorted out and confirm what happened with the AOS case)...

She can obtain a divorce from within the US without being able to contact the spouse. A divorce attorney can guide her through the process to do so in her state. It normally involves a public notice for x days. Once the divorce gets finalized, she will need to (legally) marry her partner. Then she can refile for AOS.

 

6 minutes ago, Roel said:

If the previous divorce wasn't official, the worst case scenario is that your mom husband comittet bigamy and the marriage is in valid. In that case your mom will not get a green card. 

Yup, polygamy at best, bigamy at worst.

Edited June 14, 2017 by geowrian

[littlepeanut25 0]

Thanks for all the guides. As I know, he got married in Vietnam and divorced not long after they arrived the US, they divorced by handwritten paper. Then the ex moved to another state and no contact has been keeping since then. But I seriously need to get more info and follow this case somehow from Australia because my mom just can speak basic simply English. 

[Redheadguy03 505]

1 hour ago, littlepeanut25 said:

Thanks for all the guides. As I know, he got married in Vietnam and divorced not long after they arrived the US, they divorced by handwritten paper. Then the ex moved to another state and no contact has been keeping since then. But I seriously need to get more info and follow this case somehow from Australia because my mom just can speak basic simply English. 

Divorced by handwritten paper? I don't think it's that easy. Divorce usually requires a bit of paperwork. That could be the issue. 

[Roel 7,191]

It's like saying that you got married by writing everything "I do "  on piece of paper by yourself.. doesn't make your marriage legal at all.