Considering Abandon I-751 Based on Divorce And Leave The Country Permenantly?

[ChristopherChu 1]

Hello Everyone

 

I'm new to the forum. It was a long story, but I try to keep it short, if anyone interested in detail, I will have more. I am from China and married to a USC, originally I came here by F-1 visa and studied at a prestigious university. I met my ex-wife on the internet in September 2014, after three months of dates, we bought a house and moved in together. We entered our marriage in 2015 May. In 2016 March, I got my 2 years green card. However, my wife, she cheated on me and had a baby with another man after she filed divorce last year April. Our marriage comes the its end by August 2016. And I hired a lawyer to file I-751 waiver based on good faith marriage, it went to CSC, at this point, I am still waiting for RFE. We had a strong pack of evidence, every possible evidence, joint house, cars, all bills, membership, pets, air and hotel tickets to New York-Hawaii honey trip, receipt of a diamond ring, e.t.c... the list goes on. However, my lawyer had some personal prejudices against me, saying "the local office will never believe a China man could ever marry a white American woman." "You are the kind of person USCIS wants to deport and kick you out of the country" "if you travel, you may never come back, e.t.c." "They will put you in prison if you get denied." So, I am worried about 'kangaroo court', if you know what I mean.

 

Now I have already graduated from my alma mater but could not find any decent mean to live here. So I am thinking about going back to China in October, at least my departure will make America greater again one step ahead. I see current CSC processing time in on 20 June 2016, I am afraid what if  I got called to an interview before my departure and denied, fast placed to immigration prison? My lawyer threatens me if I got denied by the local office, ice will bust my house arrest me, I don't know if I should believe him? Because I studied on this matter if my case denied, I can no longer have the valid statue once the card expired, which it will be in March 2018, but then I would be long gone. My current plan is pack up, leave the country on October 15th, once I'm in China, I will go straight to US embassy in Beijing and surrender my green card, then say God bless America. Most likely I won't be back to states in a long time, perhaps never again. Now my question is if I got called to the interview before my departure, and I went and got denied, or simply not showing up, what will happen?  Can I safely stay here until my departure?(Again, my card expire by March 2018) Right now I feel like I'm acting the movie Dunkirk, intensified and scattered. I only have roughly 40 days left. Anyone has any idea, Please comment, suggest and help me!

[gypsyqueen 103]

If you get called in for an interview before your departure and got denied, then you will become deportable but will not be imprisoned. You just have to leave the US. If you don't show up, then USCIS will think you abandoned your petition. Same thing, you will have to leave when your GC expires.

 

The real question is, are you sure you want to leave the US? If you abandon your petition, you give up your chance on being a permanent resident here. Is there a better opportunity, career-wise for you back in China?

 

Also, please ditch your lawyer. He gives some awful advice.

[ChristopherChu 1]

Thank you so much gypsyqueen! Yes, I spent few months to think about this issue. And I made my decision, go back where my family is and call it home. Job-wise, China is in prosperity now, plenty of opportunities. Wouldn't I can only be deportable after case denied and card expired? By the time my green card expired, I will be long gone. Where I live, you can see ice every day, they are active. Worried about if they will put me on the fast track.

[Frage 67]

You can still try to remove the conditions on your green card with the divorce waiver. I would honestly wait it out and see.

 

You won't go to any prison. Your lawyer sounds like a jerk.

[gypsyqueen 103]

3 minutes ago, ChristopherChu said:

Wouldn't I can only be deportable after case denied and card expired?

Yes, you are correct. You have a legal status in this country so you don't have to worry.

 

If you made up your mind, US is losing a well-educated citizen.  I wish circumstances would have been different for you - marriage wise. I wish you good luck in your future endeavors.

[ChristopherChu 1]

Thank you Frage! I noticed on I-751-c form, 'Notice of Action' explained, the person is subjected to deportation after the abandonment of the case or denial of the case. Usually, by the time people's status relied on 'Notice of Action', their green card has already expired. In my case, my card won't expire before mine departure. However, if I got a rejection, I am I also being deportable?

[Crazy Cat 39,193]

20 minutes ago, ChristopherChu said:

my lawyer had some personal prejudices against me, saying "the local office will never believe a China man could ever marry a white American woman." "You are the kind of person USCIS wants to deport and kick you out of the country" "if you travel, you may never come back, e.t.c." "They will put you in prison if you get denied."

Are you sure this was an attorney?  Something is wrong here.....very wrong.

FIRE YOUR ATTORNEY IMMEDIATELY!!!  A REAL attorney will give you better information.

I would immediately report your attorney to the state bar association....

[ChristopherChu 1]

Thank You missileman! Yes, he is a real lawyer. I hired him through my family law lawyer's recommendation, at the same time it's odd that his competency deems mismatch with his Avvo rating... Before him, I went Several attorneys, none of them would handle my case, once they heard 'Divorce'.

[ChristopherChu 1]

Based on current CSC processing time, anyone would guess if it is likely I will be called to the interview within 40 days? Although, RFE should come first...

[mindthegap 2,521]

Fire the 'lawyer' - immediately - as he is talking utter s****.

 

 

 

Your chances of approval or denial with a divorce waiver are the same as without - they are still adjudicated on the bona-fide-ness evidence presented. If you are for some reason denied,  you can appeal, all the way to an immigration judge. 

Generally, once you have filed an I-751, your status as a permanent resident remains exactly as it is currently, until ordered by an immigration judge. By filing the I-751, your status is automatically extended while pending- even if your physical card has expired.

 

Your case could be pending for YEARS (as a perfect example mine is now at 2 1/4 years since filing ) but your status remains.

 

Remember that the green card is only PROOF of status, and is not the status itself.

 

As a LPR it is very unlikely that

a)ICE would turn up at your house and detain you or b)you would end up in immigration detention.

 

 

Think about your plans and peruse all available options very carefully indeed. 

Edited September 7, 2017 by mindthegap

[ChristopherChu 1]

33 minutes ago, mindthegap said:

 

 

34 minutes ago, mindthegap said:

Fire the 'lawyer' - immediately - as he is talking utter s****.

Thank you mindthegap! Do you think current CSC process time( 20 June 2016) will run into my schedule(Departure on Oct 15)? Such as interview and RFE. Because I don't really want to deal with them anymore.

 

 

Your chances of approval or denial with a divorce waiver are the same as without - they are still adjudicated on the bona-fide-ness evidence presented. If you are for some reason denied,  you can appeal, all the way to an immigration judge. 

Generally, once you have filed an I-751, your status as a permanent resident remains exactly as it is currently, until ordered by an immigration judge. By filing the I-751, your status is automatically extended while pending- even if your physical card has expired.

 

Your case could be pending for YEARS (as a perfect example mine is now at 2 1/4 years since filing ) but your status remains.

 

Remember that the green card is only PROOF of status, and is not the status itself.

 

As a LPR it is very unlikely that

a)ICE would turn up at your house and detain you or b)you would end up in immigration detention.

 

 

Think about your plans and peruse all available options very carefully indeed. 

1

 

[databit 328]

5 hours ago, ChristopherChu said:

We entered our marriage in 2015 May. In 2016 March, I got my 2 years green card. However, my wife, she cheated on me and had a baby with another man after she filed divorce last year April.

Since people here are questioning he competence of your lawyer, one more thing, since you were still married at the time of the child's birth:

 "...in many states, the child of a married woman is automatically considered the husband's child."

I hope your lawyer made the paternity issue clear. Otherwise, if your ex-wife's new relationship fails, she could try to come back to you for child support. Not an issue if you return to China (China is not in the international Hague agreement) but may be an issue if you stay in the US).

http://www.johnbednarzpc.com/blog/2014/07/you-are-not-the-father-paternity-issues-and-divorce-in-arizona.shtml

[ChristopherChu 1]

27 minutes ago, databit said:

Since people here are questioning he competence of your lawyer, one more thing, since you were still married at the time of the child's birth:

 "...in many states, the child of a married woman is automatically considered the husband's child."

I hope your lawyer made the paternity issue clear. Otherwise, if your ex-wife's new relationship fails, she could try to come back to you for child support. Not an issue if you return to China (China is not in the international Hague agreement) but may be an issue if you stay in the US).

http://www.johnbednarzpc.com/blog/2014/07/you-are-not-the-father-paternity-issues-and-divorce-in-arizona.shtml

Thank you for advice! That is a very important piece of information. That is scary. But I can only hope for the best between her and her current husband, wise they could be married for a hundred years. 

[ChristopherChu 1]

31 minutes ago, databit said:

Since people here are questioning he competence of your lawyer, one more thing, since you were still married at the time of the child's birth:

 "...in many states, the child of a married woman is automatically considered the husband's child."

I hope your lawyer made the paternity issue clear. Otherwise, if your ex-wife's new relationship fails, she could try to come back to you for child support. Not an issue if you return to China (China is not in the international Hague agreement) but may be an issue if you stay in the US).

http://www.johnbednarzpc.com/blog/2014/07/you-are-not-the-father-paternity-issues-and-divorce-in-arizona.shtml

Oh, recall my previous post, I made a confusing point. While we are still married, she was pregnant, but not yet give a birth, until Jan 2017. I will change that in the original post. Sorry about that.

[David & Diana R 1,005]

6 hours ago, ChristopherChu said:

Thank you so much gypsyqueen! Yes, I spent few months to think about this issue. And I made my decision, go back where my family is and call it home. Job-wise, China is in prosperity now, plenty of opportunities. Wouldn't I can only be deportable after case denied and card expired? By the time my green card expired, I will be long gone. Where I live, you can see ice every day, they are active. Worried about if they will put me on the fast track.

Then go!  And BTW, where did you go to college?