My husband went out of his way to stop me from getting my GC

[koyarzabal 0]

I understand that sometimes lawyers can be very expensive and most of the things I can do myself but in my case I think I have to seek for their recommendation. When my husband filed for divorce he also made an appoinment with immigration to let them know that we were getting divorce and show them the filed divorce papers (according to him) Not only did he do that he also hide a letter form immigration in which they were asking for me to return my GC. It has been 9 months now since my temporary GC expired. He first told me that we had withdrawn the divorce which I found out he never did. Now I don't know where to take it from here....Any recommendations?

[jkD 0]

Has your divorce been finalized. If you had a valid reason for failing to file on time AND MORE IMPORTANTLY if you have proof of bonafide marriage you can file yourself. However, my recommendation for you is to approach an immigration attorney.

[IncorrectPolitics 26]

Has your divorce been finalized. If you had a valid reason for failing to file on time AND MORE IMPORTANTLY if you have proof of bonafide marriage you can file yourself. However, my recommendation for you is to approach an immigration attorney.

Yes, go to an attorney because your husband has made things difficult. As for the letter telling you to give your green card back to them....I think he is making this story up.

[Okalian 41]

Yes, go to an attorney because your husband has made things difficult. As for the letter telling you to give your green card back to them....I think he is making this story up.

I agree. I've never heard of a letter from USCIS that asks a permanent resident to surrender a card.

[Yurika & Jim 77]

koyarzabal,

Now you have 3 threads about your current situations.

Please don't make new post for this subject. That makes everyone confused and answers everywhere...

Why don't you stick it to this one?

OP's previous posts

Immigration attorney recomendation?

Stay in the US during divorce

Edited September 2, 2010 by Yurika & Jim

[mainyasha 0]

Your divorce from your husband is not really a big problem. Divorces happen everyday and even IOs know they can be spitefull hance the creeation of a whole industry calles Family law with courts and stuff because people esp former lovers can end up worst enemies.

your biggest problem is the 9 month gap in the expiration of your GC. Bcoz removal is filed 90 before you actually had 12 months to do it and can you explain why you failed to file ypur i751 in that time because a)... your relationshio was still ok & you wld have filed it joint or b).... you were in trouble & would have looked into a waiver filing.....

While you were genuinely married I am sure you had some paper trail & friends that knew you..get that together and ask for affidavits from any mutual friend or relatives that can vouch for you that will take care of the husbands vendetta... BUT not the 12 month gap .....Not to pry in your biznes but what was the reason you didnnt file an i751......

[koyarzabal 0]

we filed together in february to remove the conditions on my temporary residency but two weeks after he filed for divorce. After that we tried counceling and tried to work things out. He also told me that he had withdrawn the divorce and I was waiting from a letter from court that suppost to come in the mail so we can both re-file the 751. things didn't work out and now its been a long time since my temporary residency expired and i never got my permanent residency

[Darnell 8,478]

you should check in with USCIS about your 'removal of conditions' case, with an ISO, see http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm#5

[IncorrectPolitics 26]

you should check in with USCIS about your 'removal of conditions' case, with an ISO, see http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm#5

I agree with Darnell you should check with USCIS. For all you know your ex never told them about the divorce and you were approved without knowing. The "letter" he claims to be holding asking you to return your expired green card to USCIS could very well be your 10 year green card. Some of the things he is telling you sound like a big bluff to me, mostly the line about the letter he has telling you to turn in the expired green card....really I have never heard of that and I know alot of people who have had immigration problems.

[mainyasha 0]

When you filed did you get a NOa?

Did you go for biometrics?

Do you have a case number?

YOur first step before even a lawyer should be to find out your immigration status....If you have a case number the do it online if not set up an info pass appointment....

I think your husband is very aware of your fear of USCIS and is throwing that in your face to hurt you but until you understand whats happening with immigration then you will go around in circles...

Since you filed your i751..... if you dont have a case nummber call USCIS 1-800-375-5283 and tell them every story until you speak with an immigration officer..... It is very frustrating.....theose guys are trained to get you off the 4n asap & they will tell you give us your details & we will do a service request....Hang up & call until someone transfers you to an IO because in your situation you may be too scared to go into the office for an appointment ( even though I dont htink the would arrest you or deport you) but I know I`d be scared to go into the building.

[Aztec&Taino 144]

we filed together in february to remove the conditions on my temporary residency but two weeks after he filed for divorce. After that we tried counceling and tried to work things out. He also told me that he had withdrawn the divorce and I was waiting from a letter from court that suppost to come in the mail so we can both re-file the 751. things didn't work out and now its been a long time since my temporary residency expired and i never got my permanent residency

Your situation is confusing, at first I thought you had not filed to remove the conditions on your permanent residency, but now this follow-up post makes it sound as though you DID file to remove the conditions. So, which one is it? Plus, why do you call it "temporary residency," as far as I know there isn't such a thing issued by the USCIS. The key point is that if the petition to remove the conditions on your residency was indeed filed, then you can actually follow-up on the petition even if your spouse has filed for a divorce. The key is that you did enter the marriage in good faith. I tend to agree with the rest of the VJ members, since your situation is more difficult because of the problems with your spouse, and your own potential confusion as to the status of your case, an immigration lawyer might be the best option at this point.

Best of luck.

[w8inglongtime 29]

we filed together in february to remove the conditions on my temporary residency but two weeks after he filed for divorce. After that we tried counceling and tried to work things out. He also told me that he had withdrawn the divorce and I was waiting from a letter from court that suppost to come in the mail so we can both re-file the 751. things didn't work out and now its been a long time since my temporary residency expired and i never got my permanent residency

If you filed in February, did you get an extension letter, biometrics appointment? This will be the first step. If you filed like you said, uscis would have definitely sent you a letter saying your green card has been extended for a year and later send you a biometrics appointment. Does any of these sound familiar to you? If you missed your biometrics then uscis will initiate a removal proceedings against you and that is an important information you should have so you'd know what next to do.

[koyarzabal 0]

I am sorry about the confusion I've caused. My husband and I applied to get the conditions removed on January of this year and of February I went to my biometrics appoinment and two weeks after the biometrics appoointment we filed for divorce and schedule an appointment with immigration and gave them a written statement that we were getting divorce as well as a copy of the filed documents. Two month later immigration send me a letter that I didn't know of until two months later that says the following:

This decision is in reference to Forn I-751, Petition to Remove the conditions on Residence, jointly filed by the petitioning spouse and conditional resident on January 13, 2010.

In order to withdraw a petition, the petitioner must request a withdrawl in writing. 8 C.F.R. 103.2 (b) (6) states in part that:

[koyarzabal 0]

Continuation....

.... An applicant or petitioner may withdraw an application or petition at any time until a decision is issued by USCIS....However, a withdraw may not be retracted.

On March 2, 2010, the petitioning spouse submitted a writting notice requesting the withdraw of the petition. In accordance with that request, the petitios is withdrawn and the conditional residence status is concurrently terminated. Futher, all rights and privilages derived fro the conditional residence status, including the right to reside and work in the United States, are also concurrently terminated.

All USCIS action in this matter is termingatd as of the date of this notice.

This decision may not be applealed. However, the conditional resident may request a review of this decision before an Immigration Judge per 8 C.F.R. 216.4 (d) (2). Please note that a NOtice to Appear before an Immigration Judge will be issued and forwaded to the conditional resident.

The conditional resident is hereby direted to immediately surrender their Alien Registration Card to their local USCIS Office.

This decision is withour prejudice to the filing of a new Form I-751 if the conditional resident spouse believes that he or she meets the qualifications for a waiver of the joint filing request.

I am scared and not sure what I should do now

[Aztec&Taino 144]

Continuation....

.... An applicant or petitioner may withdraw an application or petition at any time until a decision is issued by USCIS....However, a withdraw may not be retracted.

On March 2, 2010, the petitioning spouse submitted a writting notice requesting the withdraw of the petition. In accordance with that request, the petitios is withdrawn and the conditional residence status is concurrently terminated. Futher, all rights and privilages derived fro the conditional residence status, including the right to reside and work in the United States, are also concurrently terminated.

All USCIS action in this matter is termingatd as of the date of this notice.

This decision may not be applealed. However, the conditional resident may request a review of this decision before an Immigration Judge per 8 C.F.R. 216.4 (d) (2). Please note that a NOtice to Appear before an Immigration Judge will be issued and forwaded to the conditional resident.

The conditional resident is hereby direted to immediately surrender their Alien Registration Card to their local USCIS Office.

This decision is withour prejudice to the filing of a new Form I-751 if the conditional resident spouse believes that he or she meets the qualifications for a waiver of the joint filing request.

I am scared and not sure what I should do now

Go to an immigration lawyer ASAP with this letter and all pertaining documents! I think your case has gone beyond what you can do on your own and beyond what we can advise you to do.