help plz

[BiDoo_jamie 0]

hello everyone , me and my ex wife we got a divorce after we mailled our papers for work and stay AOS ,I got my work permision but not the green card ,and she called the uscis and they close our case and they want me to mail them form i-290b ,my qestion is what next after send this form ? and is there any hope with my papers ????

[Myopia 93]

hello everyone , me and my ex wife we got a divorce after we mailled our papers for work and stay AOS ,I got my work permision but not the green card ,and she called the uscis and they close our case and they want me to mail them form i-290b ,my qestion is what next after send this form ? and is there any hope with my papers ????

That form is a notice to appeal. Your green card adjustment was denied right? So they are giving you 30 days to file a motion (Plead your case) that there is something different that could cause them to change your mind.

I dont think that is going to happen because you are divorced from your wife.

Looks like your chances are slim and you may have to prepare to return home.

You will not be able to adjust your status from K1 to any other type of legal status even if you marry another US Citizen. So sorry.

[katiemanny 64]

How long you guys have been married to each other, I am surprise they sent you an appeal, the only way you could obtain a GC was through your ex wife and you guys already divorce, I see no chance at all from getting a card unless you guys re-married and start from scratch.

[Samoray 165]

If you have no reason why you are divorced a short period after sending the papers for AOS then they will have you deported

[indian guy 13]

290b is always send with the denial letter, it doe not mean you have to file an appeal. It was just said by the USCIS that " we denied your petition and if you disagree then you have option to file and appeal". you know your situation and sequence of event which can be informed to immigration attorney to evaluate your chance of getting Status. I meant , how you entered, how long you were married, etc.

you can consult with an attorney is best choice.

[Haarp425 26]

You may be able to AOS. The requirement for K-1 visa holder is that they must get married within 90 days upon arriving in the USA. However, I do recommend a lawyer but if you look below on paragraph 4, your case belongs there. Go get moving with your appeal

Decided March 17, 2011

U.S. Department of Justice

Executive Office for Immigration Review

Board of Immigration Appeals

(1) Under section 245(d) of the Immigration and Nationality Act, 8 U.S.C. § 1255(d) (2006),

a fiancé(e) visa holder can only adjust status based on the marriage to the fiancé(e)

petitioner. Matter of Zampetis, 14 I&N Dec. 125 (Reg. Comm’r 1972), superseded.

(2) A fiancé(e) visa holder whose bona fide marriage to the fiancé(e) visa petitioner is more

than 2 years old at the time the adjustment application is adjudicated is not subject to the

provisions for conditional resident status under section 216 of the Act, 8 U.S.C. § 1186a

(2006).

(3) A fiancé(e) visa holder satisfies the visa eligibility and visa availability requirements of

section 245(a) of the Act on the date he or she is admitted to the United States as a K-1

nonimmigrant, provided that the fiancé(e) enters into a bona fide marriage with the

fiancé(e) petitioner within 90 days.

(4) A fiancé(e) visa holder may be granted adjustment of status under sections 245(a) and

(d) of the Act, even if the marriage to the fiancé(e) visa petitioner does not exist at the time

that the adjustment application is adjudicated, if the applicant can demonstrate that he or

she entered into a bona fide marriage within the 90-day period to the fiancé(e) visa

petitioner.

Source: http://www.justice.gov/eoir/vll/intdec/vol25/3707.pdf