Posted 11 August 2012 - 02:58 AM
Posted 11 August 2012 - 03:25 AM
I am in desperate need of some answers. I came to the country on nov 14 of 2011 on a k1 visa. I married my husband within my time frame and we sent in the forms we had to. Things have been very up and down with my husband and he has hidden a lot from me. I just recently found out that my application for the temporary greencard was denied completely with no appeal because of an irresponsible mistake my husband made by filing everything himself. He never showed me the letter USCIS sent me regarding the case but told me it was because we forgot to mail the i130 form. On the i797 which was sent to me in february 2012 it stated that i needed an affidavit of support which could be filled out on the i130 and my husband thought that all they needed was for us to sign and send the form. My denial states that anything i applied for has been revoked and the i485 and i130 were denied. The option of the 290b is not available because my husband hid the letter from me so long that my 33 days were up as of july 28th. Im in a hole and i dont know what to do. I saw a lawyer who mentioned me self petitioning due to my husbands patterns of consistency to hide the truth and the lawyers afraid my husband may not cooperate. I need advice asap.
I'm confused on why he told you that you would need an I-130. If you came over on a K-1, you don't need that. You do however need an Affidavit of Support (I-864) and if he didn't send one in, that's a big problem. I'm sorry, I re-read your post again and you mention your I-485 and I-130 were denied. Did you come over on a K-1?? I also don't know what you mean by self-petitioning...are you considering a VAWA?
Posted 11 August 2012 - 04:32 AM
September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport
September 17, 2013: Mailed I-751 to CSC
September 23, 2013: Received NOA1 in mail (receipt date September 19th)
October 16, 2013: Biometrics Appointment
Posted 11 August 2012 - 04:33 AM
You fill out all the forms and gather the supporting documents. It is your AOS, not his. The only thing he needs to provide is the I-864 and financial documents that go along with it.
Link to K-1 instructions for Ciudad Juarez, Mexico > http://photos.state.gov/libraries/ciudadjuarez/231771/PDFs/oct2013k1k4visa.pdf
K-1 --> I-129F Sent: 05/26/10 - NOA2: 07/02/10 - Interview: 09/21/10-APPROVED! - Wedding: 12/12/10
AOS--> I-485 Sent: 01/25/11 - Bio: 02/24/11 - EAD/AP: 04/09/11 - Interview: 05/18/11-APPROVED! - GC: 05/26/11
ROC--> I-751 Sent: 03/21/13 - Bio: 04/25/13 APPROVED!- 07/24/13
Posted 11 August 2012 - 04:44 AM
Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.
Posted 11 August 2012 - 09:42 AM
I saw a lawyer who mentioned me self petitioning due to my husbands patterns of consistency to hide the truth and the lawyers afraid my husband may not cooperate. I need advice asap.
Well, that would be a very lucrative approach for the lawyer, but it probably wouldn't pan out very well for you. A VAWA self petition requires proof of "battery or extreme cruelty". Hiding food and water from you would rise to the level of extreme cruelty. Hiding facts from you would not. The angle the attorney is thinking about is that using someone's immigration status in order to try to manipulate or control them can be a form of abuse, but it needs to be part of a pattern of abuse, and not simply the only sort of abuse being claimed.
On the other hand, adjusting status through any other means will require your husband's cooperation to at least sign the I-864 and provide the supporting evidence. If your husband isn't willing to do that then VAWA may be your only other option. The simple fact is that your husband can't be forced to help you adjust status, and hiding facts from you is probably far short of the sort of evidence you'd need to prove a VAWA case.
I think you need to sit down with your husband and find out what's going on in his head. Either he wants you for his wife or he doesn't. If he wants you for his wife then he should be willing to help you obtain your immigration documents. Some people are just strongly adverse to dealing with government bureaucracies, and don't have the patience to jump through their hoops. I myself have a bit of that attitude every year when I prepare my tax return. If that's the case then let the lawyer handle the paperwork, and your husband only needs to sign the I-864.
12/15/2009 - K1 Visa Interview - APPROVED!
12/29/2009 - Married in Oakland, CA!
08/18/2010 - AOS Interview - APPROVED!
05/01/2013 - Removal of Conditions - APPROVED!
Posted 11 August 2012 - 08:59 PM
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