Approval After Divorce and two AOS applications

[Zebraden 0]

I haven't posted much on VJ, but it has proven to be an invaluable source of information for me.

I wanted to post a brief description of my experience in case it can help others. I couldn't find any threads that described an experience like mine.

I arrived here in 1994 as a student. Right out of school I got married. I was young and dumb. I really didn't want to. In fact I tried to call it off, but everyone convinced me I was having cold feet. After I married my ex in 1998, we filed in 2000. Everything seemed to be going fine. I had EAD and AP and went to the interview. At the interview I was informed that everything looked fine but that I needed to resubmit the immunization form before they could issue the green card. The IO said they had "misplaced it". We sent it in but didn't hear anything for a long time. After getting tired of waiting, I finally inquired. They couldn't even find my application. A couple weeks later, I got a letter saying that my application was denied and that the period during which I could appeal was past. They claimed they never received the immunization form. Also back then, we didn't get an REF like people get nowadays.

I spoke to many lawyers and they said that the only thing I could do was refile the ENTIRE application i.e. all the fees all the documents, re-take medical etc etc. I didn't want to accept this, and kept trying to find ways around it. I tried to get my ex to write his congress person, but he wasn't really the get up and do sort. Eventually, the marriage ended anyway and I decided to return to my home country.

Very soon afterwards, before I could return home, I started seeing a friend romantically. We fell in love and moved in. 5 years later, we got married (last year) and my husband filed for me in August of this year. Today we had our interview.

As soon as I sat down, the IO asked, "did you know you were approved from your former marriage?" I was blown away. He went on to explain that the petition - the 130 was approved, but the 485 was denied. He also explained that all I needed to do was resubmit the 485 (even after divorce) with the missing immunization form to get the green card. I had already demonstrated that the marriage was legitimate. I had no idea that application was approved. I have a letter from the (then) INS saying I was denied. No one, not any of the four lawyers I consulted, told me I could refile. But whatever, water under the bridge. Thankfully things are different now and you can check the status of each form/application on USCIS.

I URGE EVERYONE TO REGISTER WITH USCIS AND TO MONITOR THAT ACCOUNT RELIGIOUSLY.

Anyway, the IO asked a lot of routine questions. He was quite jovial - we joked around lot. He did ask a lot about why I got married the first time. He also said that my home country is pretty notorious for fake marriages. sheesh. I ended up probably being more chatty than I needed to be, but in the end it was fine. He approved us on the spot. He commended my husband on filing a very well organized, thorough application. I love my husband.

This evening we got the email notifying us of my card production. I am so happy.

Good luck to everyone on this sometimes challenging journey and I hope that my story can maybe help someone else.

Also, thank you to everyone that posts on here. Even if people aren't replying, know that there are many out there reading the information and using it to help their own cases. You certainly helped us! Thank you again.

Edited October 28, 2011 by Zebraden

[Alex13 5]

yay! wooohooo! :D

[Know_Ledge 6]

I haven't posted much on VJ, but it has proven to be an invaluable source of information for me.

I wanted to post a brief description of my experience in case it can help others. I couldn't find any threads that described an experience like mine.

I arrived here in 1994 as a student. Right out of school I got married. I was young and dumb. I really didn't want to. In fact I tried to call it off, but everyone convinced me I was having cold feet. After I married my ex in 1998, we filed in 2000. Everything seemed to be going fine. I had EAD and AP and went to the interview. At the interview I was informed that everything looked fine but that I needed to resubmit the immunization form before they could issue the green card. The IO said they had "misplaced it". We sent it in but didn't hear anything for a long time. After getting tired of waiting, I finally inquired. They couldn't even find my application. A couple weeks later, I got a letter saying that my application was denied and that the period during which I could appeal was past. They claimed they never received the immunization form. Also back then, we didn't get an REF like people get nowadays.

I spoke to many lawyers and they said that the only thing I could do was refile the ENTIRE application i.e. all the fees all the documents, re-take medical etc etc. I didn't want to accept this, and kept trying to find ways around it. I tried to get my ex to write his congress person, but he wasn't really the get up and do sort. Eventually, the marriage ended anyway and I decided to return to my home country.

Very soon afterwards, before I could return home, I started seeing a friend romantically. We fell in love and moved in. 5 years later, we got married (last year) and my husband filed for me in August of this year. Today we had our interview.

As soon as I sat down, the IO asked, "did you know you were approved from your former marriage?" I was blown away. He went on to explain that the petition - the 130 was approved, but the 485 was denied. He also explained that all I needed to do was resubmit the 485 (even after divorce) with the missing immunization form to get the green card. I had already demonstrated that the marriage was legitimate. I had no idea that application was approved. I have a letter from the (then) INS saying I was denied. No one, not any of the four lawyers I consulted, told me I could refile. But whatever, water under the bridge. Thankfully things are different now and you can check the status of each form/application on USCIS.

I URGE EVERYONE TO REGISTER WITH USCIS AND TO MONITOR THAT ACCOUNT RELIGIOUSLY.

Anyway, the IO asked a lot of routine questions. He was quite jovial - we joked around lot. He did ask a lot about why I got married the first time. He also said that my home country is pretty notorious for fake marriages. sheesh. I ended up probably being more chatty than I needed to be, but in the end it was fine. He approved us on the spot. He commended my husband on filing a very well organized, thorough application. I love my husband.

This evening we got the email notifying us of my card production. I am so happy.

Good luck to everyone on this sometimes challenging journey and I hope that my story can maybe help someone else.

Also, thank you to everyone that posts on here. Even if people aren't replying, know that there are many out there reading the information and using it to help their own cases. You certainly helped us! Thank you again.

Oh wow...so happy for you. CONGRATULATIONS AGAIN!!

[Deputy Purple 1,294]

First, contgrats on the approval!

He went on to explain that the petition - the 130 was approved, but the 485 was denied. He also explained that all I needed to do was resubmit the 485 (even after divorce) with the missing immunization form to get the green card. I had already demonstrated that the marriage was legitimate.

This part is confusing though...

Once you divorced then I don't see how you could adjust status based on that I-130 as the relationship no longer exists.

Without the I-130 on what basis could you have adjusted status after the divorce? I think he was probably correct up until you got divorced that you could have resubmitted the I-485 with the missing immunization form as be able to adjust status based on the approved I-130. That is exactly what the lawyers you consulted with told you.

Once you got divorced I fail to see how you could have filed the I-485 as you are not long an immediate relative of a US Citizen.

[Zebraden 0]

First, contgrats on the approval!

This part is confusing though...

Once you divorced then I don't see how you could adjust status based on that I-130 as the relationship no longer exists.

Without the I-130 on what basis could you have adjusted status after the divorce? I think he was probably correct up until you got divorced that you could have resubmitted the I-485 with the missing immunization form as be able to adjust status based on the approved I-130. That is exactly what the lawyers you consulted with told you.

Once you got divorced I fail to see how you could have filed the I-485 as you are not long an immediate relative of a US Citizen.

As the IO explained to me, because the I-130 was approved, the petition to Adjust my status based on my marriage to a US citizen was approved. That part was finished. According to him, this meant that my marriage was legitimate. That's the first step. He said the SECOND step is the 485. That was the one that got denied. I could resubmit that without having to do the I-130. That also meant that I could resubmit it whether I was divorced or not. I had already proven I was legitimately married. His words, not mine. This is EXACTLY why I wanted to make this information available, because it seems like there is a lot of confusion. I certainly was confused when he told me. I asked a lot of questions about it but in the end let it go because that's not why I was there. I am wondering now if the lawyers I spoke to even realized that my I-130 had been approved.

Out of curiosity, last night I dug up my old receipts to see if they would come up in the system. Interestingly enough. The EAD says post decision activity, the 130 and 485 say Initial Review.

I personally would believe what an IO tells me over any lawyer.

Edited October 28, 2011 by Zebraden

[Deputy Purple 1,294]

As the IO explained to me, because the I-130 was approved, the petition to Adjust my status based on my marriage to a US citizen was approved. That part was finished. According to him, this meant that my marriage was legitimate. That's the first step. He said the SECOND step is the 485. That was the one that got denied. I could resubmit that without having to do the I-130. That also meant that I could resubmit it whether I was divorced or not. I had already proven I was legitimately married. His words, not mine. This is EXACTLY why I wanted to make this information available, because it seems like there is a lot of confusion. I certainly was confused when he told me. I asked a lot of questions about it but in the end let it go because that's not why I was there.

Normally I would agree with the logic you laid out here, the problem you would run into filing after you are divorced is on what basis are you filing? Sure you HAD an approved I-130 petition but once that Petitionable Relationship ceases to exist common sense would dictate that the I-130 petition is void.

If you look at the Child Status Protection Act (CSPA) it specifically preserves the status of the Petitionable Relationship between parent in child in certain cases. Why would this ever be needed if my presumption of the Approval becoming void if the Petitionable Relationship ceases to exist?

I am wondering now if the lawyers I spoke to even realized that my I-130 had been approved.

But their advice while you were still married to your first husband was to simply refile what you received denials for, right? If you said you received a denial for the I-130 then refiling the I-130 would be appropriate. If you said that you only received a denial for the I-485 but an approval for the I-130 then they should have advised you to only refile the I-485.

Regardless after your first divorce they would probably come to the same conclusion I did about the I-130 approval being voided by the divorce.

I personally would believe what an IO tells me over any lawyer.

Normally I would agree with you but sometimes even the most knowledgeable person in the room is wrong.

[JimVaPhuong 4,863]

The first petition was submitted and approved before April, 2001. She was eligible to adjust under 245(i). However, it would have meant paying a $1000 fine. This wouldn't apply to the majority of people filing adjustment of status today.

[beejay 123]

Congrats! Sounds like you now have a loving and supportive husband. Glad everything has worked out in the end.

All the best.

[Deputy Purple 1,294]

The first petition was submitted and approved before April, 2001. She was eligible to adjust under 245(i). However, it would have meant paying a $1000 fine. This wouldn't apply to the majority of people filing adjustment of status today.

So a petition approved BEFORE April, 2001 would survive the termination of the Petition-able Relationship but one approved after April, 2001 would not? That's interesting...

BTW, thanks for dropping in with that info...

[Zebraden 0]

Yes, thanks for clearing that up JimVaPhuong. I had no idea that was possible. In any case, for me, it doesn't matter. I'm not upset about it or anything. I just thought it was good to know. I have my green card now and that's all that matters.

Thanks everyone for the congratulatory remarks.

[Deputy Purple 1,294]

I had no idea that was possible. In any case, for me, it doesn't matter.

...

I just thought it was good to know

Which is exactly why I was asking, we both learned something new today!

[JimVaPhuong 4,863]

So a petition approved BEFORE April, 2001 would survive the termination of the Petition-able Relationship but one approved after April, 2001 would not? That's interesting...

BTW, thanks for dropping in with that info...

The petition doesn't need to have been approved. It just needs to have been approvable, and submitted before April 30, 2001. The applicant could even have entered the US without inspection. They also need to have been physically present in the US on December 21, 2000 - the day the extension went into effect. Section 245(i) is the last remnants of the Reagan amnesty program. There aren't many people left who still qualify for it but haven't already applied.

Shusterman gives a pretty good overview of 245(i):

http://shusterman.com/245ifrequentlyaskedquestions.html

If the IO didn't ask for the $1000 fine then the OP was approved based on the current petition. All of the discussion of the previously approved I-130 and submitting an I-485 was informational.