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charlynn

need ur help....urgent

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I have a friend who come in USA with a fiancee visa ...got married ..but she's not able to submitted her papers to USCIS for removal of visa condition ...she got deported...but My question is Does her marriage still legal? Inspite she don't submitted her papers for removal condition and she's been sent back home to Philippines? ..pls enlightened our minds ....I want to help my friend..thank you

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*** Thread moved from CR-1 Process forum to the General Immigration Discussion forum -- not a CR-1 process issue. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Marriage and immigration are two seperate legal entities.

Although your post is very scarce on detail, it is most likely the marriage was legal.

Common requirements for a marriage to be valid.

1. A marriage license was obtained

2. both people over 18

3. both people were not already married (previous divorces finalized first)

4. sufficient mental capacity

5. marriage was witnessed

6. marriage license was submitted for recording.

standard disclaimer--This is an internet message board. Any posts should not be considered legal advice.

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She come here as fiancé visa ..they got married before the 90 days expire of visa ..but her husband does not able to forward her paper work for removal condition and she over stayed in america ....hubbys reason his financial broke thats why the paper work was set aside for a while

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I have a friend who come in USA with a fiancee visa ...got married ..but she's not able to submitted her papers to USCIS for removal of visa condition ...she got deported...but My question is Does her marriage still legal? Inspite she don't submitted her papers for removal condition and she's been sent back home to Philippines? ..pls enlightened our minds ....I want to help my friend..thank you

usually uscis gives wide latitude on filing for the Adjustment of Status, anything filed within 2 years of the marriage date is 'grantable' for a change of status,

if and only if,

the beneficiary marries the petitioner within 90 days of the POE event.

even if not married within 90 days, and married after the 90 days, the status is fixable if a new I-130 is filed with the I-485.

So, for her to get deported, something is very strange.

Can you write more about events that led up to her deportation? Thanks in advance !

---

edit - so you state the removal of conditions, the RoC set, was not filed after she held a conditional green card for two years? Is that right?

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

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Getting deported isn't easy, something else was going on. There's millions and millions of people here who entered illegally I think they would probably start their for deportation. Her husband could have filed divorce with out her here most states have ways to get divorced with out the other person really knowing. Public notice type things. I think your friend has left some important things out of the story.

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Something must have triggered the deportation

Did the immigration folks got her & send her back

Did her husband just tell her she is being deported & she left.

Was there a question about the validity of the marriage...is it her 1st marriage?

Did they just show up to deport her , and her husband sau he was too broke to help

That seem very weird , her deportation without a cause

She is leaving out some things....might she have shop-lifted (not saying she did)

Could the husband changed his mind and got her sent back by alerting ICE of the change

What does she expect at this point? Her marriage is legit if no fraud involved.

Is she in touch with her husband and what does he wants to do

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Confusing facts.

If she came on fiancee visa and got married in US,

then the next step in "Adjustment of Status" to apply for a temporary green card.

I've been on VJ site for about 20 months, and I've not heard of any non-criminal

person getting deported because they didn't file Adjustment of Status.

Few questions:

1) When did she come to US?
2) Did she get a temporary green card?

3) What was the (clear) reason for her deportation?

4) Was she really deported by US authorities or did she just returned because she had to?


10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

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ya, i had to read it three times, but it smells like she already had a 2 year card and did not file for RoC, and was deported after the 2 year card expired.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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Sorry everyone I have entered a wrong information ...My friend has not been deported ..she choose to go back home to the Philippines coz she needs too...but she can't able to get back to United states for the reason that her husband has not able to file adjustment of status and no she has not able to get her 2 year temporary green card ...the only thing she got is her 90 days stay as her fiancee visa ....

Now she have a not so good relationship with the husband she found out that his having an affair and her husband and the other girl says that my friend marriage in the USA is no longer legal since her husband does not able to submitted her papers for adjustment of status ...

My friend just want to know if her marriage still legal ...even though that shes no longer living in USA ....

Thanks for taking time to read my post

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Married is married, it doesn't matter if he filed the GC papers or not.


August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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