Status revoked but stayed 5 years now

[little immigrant 800]

How were you granted I-130 when you never legally married? Didn't you get an RFE for the marriage certificate which doesn't exist since your marriage was never legal? How did you overcome this problem? 

Edited October 15, 2017 by Andrina

[Shala79 0]

12 hours ago, Andrina said:

How were you granted I-130 when you never legally married? Didn't you get an RFE for the marriage certificate which doesn't exist since your marriage was never legal? How did you overcome this problem? 

We didn't know we were not legally married until we were getting divorced. Married 12/2/10. He arrived 9/12. Filed for divorce 11/12.  The double proxy requires one person in the wedding party to be active duty military, we were both civilian contractors with government i.d. The person doing the service assumed we were and we didn't know we needed to be. During the divorce I called him, when we were talking our jobs came up in conversation. He invalidated our marriage. Oklahoma didn't care, we had a kid together and I changed my name. The Oklahoma judge wouldn't grant me an annulment. We were forced to get a divorce.

[Shala79 0]

13 hours ago, NikLR said:

If you file the I-130 then he came on a CR1 and you CANNOT withdraw your sponsorship.  His visa turned into a green card upon arrival. 

 

Why can't you do those things? There's likely nothing in custody orders that says you HAVE to answer any of his texts or phone calls.  Or at very least can't have a friend or even a STRANGER listen to the conversation.  You already said you could have someone else supervise the visits but you don't want to pay the money.  It's expensive, but children are worth it.   Are you part of any autism help groups?  Do you have no friends or family near you? I do understand if that's the case because yes, it makes it more difficult.  BUT you can also tell him, I'm recording this conversation, and if he doesn't consent to that, hang up.

 No you can't keep him from his daughter, he has court ordered supervised visits, but I'm glad you keep the visits to places there aren't at your home.  

 

Best of luck to you and your child.  I hope eventually you can on with your lives in a happy manner. 

I was able to pull my sponsorship by writing a letter to US IS. They were the ones who told me I could but there is a small window to do this in after someone arrives.

 

I have no family. I am alone. He preyed on me. I do keep texts and record conversations but he is very careful what he says now. I have begun to lose faith in our system. 

[Shala79 0]

15 hours ago, Damara said:

Yes please post the notice with personal info blacked out.  You can use the paint tool on the computer or phone to black out stuff.

 

With out it no one can give you immigration answers.

 

Also please clarify the timeline. Need info on the date he entered the US, the date you sent your letter, the date of the revocation letter, dates of his GC validity, date of divorce. Do you know what he filed in immigration court or just the dates of it. Any info you gave the attny would be wanted.

 

 

 

Letter says:

 

Notice of Decision

This notice is in reference to the Petition for an Alien Relative that was filed by the petitioner in behalf of "him" and approved by USCIS on May 23rd 2012.

 

In accordance with 8 C.F.R. 205.1(a)(3)(i)(A), the approval of the Petition is automatically revoked as of the date of its approval because the petitioner submitted a letter to USCIS formerly requesting a withdrawal from the Petition.

 

All USCIS action in this matter is terminated as of the date of this notice. There is no appeal from this decision.

 

Date of letter is Feb 26th 2013.

[Boiler 43,401]

You have to have been married to get divorced.

 

If he he entered as an immigrant there is no window for pulling sponsorship.

[Shala79 0]

1 minute ago, Shala79 said:

Letter says:

 

Notice of Decision

This notice is in reference to the Petition for an Alien Relative that was filed by the petitioner in behalf of "him" and approved by USCIS on May 23rd 2012.

 

In accordance with 8 C.F.R. 205.1(a)(3)(i)(A), the approval of the Petition is automatically revoked as of the date of its approval because the petitioner submitted a letter to USCIS formerly requesting a withdrawal from the Petition.

 

All USCIS action in this matter is terminated as of the date of this notice. There is no appeal from this decision.

 

Date of letter is Feb 26th 2013.

Met him in Afghanistan 10/10/10

Married him 12/2/10

Honeymoon 4/11

Became pregnant 5/11

I left Afghanistan and returned to U.S. 6/11

Hired immigration attorney in 7/11

Had baby 2/12

He arrived 9/12 (484 days apart)

He abandoned us 5 weeks later 11/12

I contacted USCIS, he hadn't gotten his green card yet. Visa was good for 6 months upon arrival. They told me to write letter, said it sounded like marriage fraud. I wrote letter and sent. They revoked status.

He got green card 11/12

Card date for two years even though it was invalid according to USCIS, revoked status crossed card getting in mail. Card was no good but he still carried it.

Now he wants a green card, hired immigration attorney, he's going to his last hearing in June.

[Shala79 0]

3 minutes ago, Boiler said:

You have to have been married to get divorced.

 

If he he entered as an immigrant there is no window for pulling sponsorship.

But our marriage was invalid in the state of Montana. The service was so embarrassed this happened it has since then changed their website to stay in several places, you have to be active duty military to use this service. We were civilians, not military. We didn't qualify to get married through the service. USCIS didn't know we were not married either. He came to the U.S. as a spouse but was not.

[Boiler 43,401]

Arrived 9/12

 

So pulling the petition in 2013 was too late.

 

He should have file to remove conditions on his own with a divorce waiver, presumably this is the current issue.

[Shala79 0]

2 minutes ago, Boiler said:

Arrived 9/12

 

So pulling the petition in 2013 was too late.

 

He should have file to remove conditions on his own with a divorce waiver, presumably this is the current issue.

But the revocation letter says the opposite of this. Revocation letter says:

 

 

Notice of Decision

This notice is in reference to the Petition for an Alien Relative that was filed by the petitioner in behalf of "him" and approved by USCIS on May 23rd 2012.

 

In accordance with 8 C.F.R. 205.1(a)(3)(i)(A), the approval of the Petition is automatically revoked as of the date of its approval because the petitioner submitted a letter to USCIS formerly requesting a withdrawal from the Petition.

 

All USCIS action in this matter is terminated as of the date of this notice. There is no appeal from this decision.

 

Date of letter is Feb 26th 2013

[NikLR 13,220]

21 minutes ago, Shala79 said:

But the revocation letter says the opposite of this. Revocation letter says:

 

 

Notice of Decision

This notice is in reference to the Petition for an Alien Relative that was filed by the petitioner in behalf of "him" and approved by USCIS on May 23rd 2012.

 

In accordance with 8 C.F.R. 205.1(a)(3)(i)(A), the approval of the Petition is automatically revoked as of the date of its approval because the petitioner submitted a letter to USCIS formerly requesting a withdrawal from the Petition.

 

All USCIS action in this matter is terminated as of the date of this notice. There is no appeal from this decision.

 

Date of letter is Feb 26th 2013

He can refile with a divorce waiver. 

[Boiler 43,401]

Just now, NikLR said:

He can refile with a divorce waiver. 

Seems most likely what is going on.

[NikLR 13,220]

In the eyes of the USCIS because you MET after being married even by proxy, in their mind the marriage was legal.  You presented it to them in this manner.  Now you're saying you lied about it and that's a crime, so you may want to think about that.  

 

I'm sorry that you're alone where you are.  I hope that you've looked for some support groups in your area.  I have friends and family with autistic children and having a support system will help you out immensely. 

[Shala79 0]

3 minutes ago, NikLR said:

In the eyes of the USCIS because you MET after being married even by proxy, in their mind the marriage was legal.  You presented it to them in this manner.  Now you're saying you lied about it and that's a crime, so you may want to think about that.  

 

I'm sorry that you're alone where you are.  I hope that you've looked for some support groups in your area.  I have friends and family with autistic children and having a support system will help you out immensely. 

I didn't lie about anything. We didn't know we were not legally married. The military on the camp we were working on certified our paperwork. It wasn't seen anywhere that we could not be married. No one lied but him. He married me for a green card. If the decision says it cannot be appealed, how is a waiver possible?

[NikLR 13,220]

4 minutes ago, Shala79 said:

I didn't lie about anything. We didn't know we were not legally married. The military on the camp we were working on certified our paperwork. It wasn't seen anywhere that we could not be married. No one lied but him. He married me for a green card. If the decision says it cannot be appealed, how is a waiver possible?

Because he's not appealing.  He refiled.  He started a whole new I-751.  He probably has whatever you sent the first time showing he had a genuine relationship with you and they can't give you any information on his status. 

 

Well regardless if you weren't aware that you were not legally married, just because you didn't know that you lied, doesn't mean it didn't happen.  At the very least your story is a warning to those trying to do a proxy marriage and some of the pitfalls.  I know that's not what you want to hear.

 

Unfortunately you cannot do anything about his legal status nor his immigration process.  Please focus purely on your personal one. 

[N-o-l-a 7,167]

2 hours ago, Shala79 said:

 He married me for a green card. 

 

Happens all the time.  A fair number of posters, even on this forum, are either aiming for a greencard or unwittingly in a relationship for the purposes of one.

<-- Product of a greencard marriage on my father's part.  He's still here.

 

3 hours ago, Shala79 said:

I was able to pull my sponsorship by writing a letter to US IS. They were the ones who told me I could but there is a small window to do this in after someone arrives.

 

I have no family. I am alone. He preyed on me. I do keep texts and record conversations but he is very careful what he says now. I have begun to lose faith in our system. 

You can't pull sponsorship on a CR1.  The letter you were sent was probably in error.  USCIS frequently gives out incorrect information.

 

The problem is that the system relies on you to be the guardian.  If you tell the government your relationship is genuine when you initially apply, they are going to believe you.  If you discover that isn't the case after the fact, it is you that suffers the consequences and you who the burden is on.  It is one of the responsibilities of bringing another human being into the United States.