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SweetieOne

This is a tricky one

By SweetieOne in Effects of Major Family Changes on Immigration Benefits

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SweetieOne   41

Posted
Filed: Other Country: Kenya
 Timeline
Posted

This is a tricky situation!! I am currently engaged to my Jamaican fiancé. He currently holds a green card (Exp 2016, SS card) however he also holds an expired travel document. I am so very confused on how to handle this, we have planned to marry on 12/29/2011. Can he apply for the SB1 for re-entry? If we apply for it and he is denied will we be allowed to start his process over? This is all so confusing to me!! Also, If I have to start over for him, it looks like I will have to file at the Nebraska Service Center and it looks like they are on a back date from 2008 (WHAT)!!

Any advice would be helpful…

Tanks,

Nattie

01/06/2012- Married My best friend

05/09/2012- Mailed I-130 via Fed Ex

5/10/2012- I-130 has been received & Signed for at the Chicago lockbox at 10:23 am

05/14/2012- Received NOA1 via Text Message

05/17/2012- Received NOA1 via Snail Mail(Postmarked 5/15/2012)

07/27/2012- 9:36 am Received NOA2 via text message (thought it was a dream)

07/30/2012- Started calling the NVC to see if case has been received

08/02/2012 -Called NVC- Rep told me that NVC Received Package 07/30/2012 (Still no case# assigned)

08/16/2012 -Called NVC- Information has been entered and received my case number (Yahooo)

08/24/2012- AOS Bill invoiced and paid

08/30/2012- Emailed the DS-3023

09/05/2012- Sent AOS (Affidavit of support) packet via Fed Ex (overnight)

09/06/2012- AOS Packet received

09/11/2012- Received email notification that the DS-3023 (Choice of Agent) has been accepted

09/13/2012- Received IV Bill

09/13/2012- Paid IV Bill

09/17/2012- IV marked as paid

09/17/2012- Sent IV Package (DS-230) via Fed Ex

09/18/2012- IV Package Received

09/18/2012- AOS Packet Accepted

09/25/2012- Called NVC and found out I have an RFE

09/26/2012- Received RFE via EMAIL

10/01/2012- Sent original divorce documentation (RFE) via Fed Ex overnight

10/15/2012- CASE COMPLETE (Yahoooooooooooo)

10/23/2012- Case complete email received..

11/02/2012- Called DOS and received interview date

11/05/2012- Received email with check list and appointment date

11/20/2012- Medical Completed

12/03/2012- Interview Scheduled

12/24/2012- Entered the USA and got to MN at 12:08 am on 12/25/2012 Merry X-Mas to us

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LIFE'SJOURNEY
LIFE'SJOURNEY

So you are saying he has been out of the US for 3 years, then he have abandoned his green card. He hasn't file US taxes for the last 3 years, and he didn't hold residence in the US. I wouldn't try to

SweetieOne
SweetieOne

From his previous marriage and she would not divorce him until his travel docs expired so basically he was stuck??

Kathryn41
Kathryn41

Sorry for the confusion, however I have merged two duplicate topics on this subject - one from the AOS from a Family Visa forum and one from the K-3 Visa forum - into one thread and then combined them

LIFE'SJOURNEY Mentor

LIFE'SJOURNEY   970

Posted
Filed: Lift. Cond. (apr) Country: Jamaica
 Timeline
Posted

This is a tricky situation!! I am currently engaged to my Jamaican fiancé. He currently holds a green card (Exp 2016, SS card) however he also holds an expired travel document. I am so very confused on how to handle this, we have planned to marry on 12/29/2011. Can he apply for the SB1 for re-entry? If we apply for it and he is denied will we be allowed to start his process over? This is all so confusing to me!! Also, If I have to start over for him, it looks like I will have to file at the Nebraska Service Center and it looks like they are on a back date from 2008 (WHAT)!!

Any advice would be helpful…

Tanks,

Nattie

How did he obtain his GC?

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SweetieOne Collaborator

SweetieOne   41

Posted
Filed: Other Country: Kenya
 Timeline
  • Author
Posted (edited)

I forgot to mention that he has over stayed in his home country and that is where he currently is.

Edited by Nattiez

01/06/2012- Married My best friend

05/09/2012- Mailed I-130 via Fed Ex

5/10/2012- I-130 has been received & Signed for at the Chicago lockbox at 10:23 am

05/14/2012- Received NOA1 via Text Message

05/17/2012- Received NOA1 via Snail Mail(Postmarked 5/15/2012)

07/27/2012- 9:36 am Received NOA2 via text message (thought it was a dream)

07/30/2012- Started calling the NVC to see if case has been received

08/02/2012 -Called NVC- Rep told me that NVC Received Package 07/30/2012 (Still no case# assigned)

08/16/2012 -Called NVC- Information has been entered and received my case number (Yahooo)

08/24/2012- AOS Bill invoiced and paid

08/30/2012- Emailed the DS-3023

09/05/2012- Sent AOS (Affidavit of support) packet via Fed Ex (overnight)

09/06/2012- AOS Packet received

09/11/2012- Received email notification that the DS-3023 (Choice of Agent) has been accepted

09/13/2012- Received IV Bill

09/13/2012- Paid IV Bill

09/17/2012- IV marked as paid

09/17/2012- Sent IV Package (DS-230) via Fed Ex

09/18/2012- IV Package Received

09/18/2012- AOS Packet Accepted

09/25/2012- Called NVC and found out I have an RFE

09/26/2012- Received RFE via EMAIL

10/01/2012- Sent original divorce documentation (RFE) via Fed Ex overnight

10/15/2012- CASE COMPLETE (Yahoooooooooooo)

10/23/2012- Case complete email received..

11/02/2012- Called DOS and received interview date

11/05/2012- Received email with check list and appointment date

11/20/2012- Medical Completed

12/03/2012- Interview Scheduled

12/24/2012- Entered the USA and got to MN at 12:08 am on 12/25/2012 Merry X-Mas to us

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SweetieOne Collaborator

SweetieOne   41

Posted
Filed: Other Country: Kenya
 Timeline
  • Author
Posted

From his previous marriage and she would not divorce him until his travel docs expired so basically he was stuck??

01/06/2012- Married My best friend

05/09/2012- Mailed I-130 via Fed Ex

5/10/2012- I-130 has been received & Signed for at the Chicago lockbox at 10:23 am

05/14/2012- Received NOA1 via Text Message

05/17/2012- Received NOA1 via Snail Mail(Postmarked 5/15/2012)

07/27/2012- 9:36 am Received NOA2 via text message (thought it was a dream)

07/30/2012- Started calling the NVC to see if case has been received

08/02/2012 -Called NVC- Rep told me that NVC Received Package 07/30/2012 (Still no case# assigned)

08/16/2012 -Called NVC- Information has been entered and received my case number (Yahooo)

08/24/2012- AOS Bill invoiced and paid

08/30/2012- Emailed the DS-3023

09/05/2012- Sent AOS (Affidavit of support) packet via Fed Ex (overnight)

09/06/2012- AOS Packet received

09/11/2012- Received email notification that the DS-3023 (Choice of Agent) has been accepted

09/13/2012- Received IV Bill

09/13/2012- Paid IV Bill

09/17/2012- IV marked as paid

09/17/2012- Sent IV Package (DS-230) via Fed Ex

09/18/2012- IV Package Received

09/18/2012- AOS Packet Accepted

09/25/2012- Called NVC and found out I have an RFE

09/26/2012- Received RFE via EMAIL

10/01/2012- Sent original divorce documentation (RFE) via Fed Ex overnight

10/15/2012- CASE COMPLETE (Yahoooooooooooo)

10/23/2012- Case complete email received..

11/02/2012- Called DOS and received interview date

11/05/2012- Received email with check list and appointment date

11/20/2012- Medical Completed

12/03/2012- Interview Scheduled

12/24/2012- Entered the USA and got to MN at 12:08 am on 12/25/2012 Merry X-Mas to us

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LIFE'SJOURNEY Mentor

LIFE'SJOURNEY   970

Posted
Filed: Lift. Cond. (apr) Country: Jamaica
 Timeline
Posted (edited)

From his previous marriage and she would not divorce him until his travel docs expired so basically he was stuck??

So, why didn't he ROC on his own? He should have filed for ROC and informed them that he was in the middle of a divorce.

Edited by LIFE'SJOURNEY
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SweetieOne Collaborator

SweetieOne   41

Posted
Filed: Other Country: Kenya
 Timeline
  • Author
Posted

Ok what is ROC and just curious what we can do now?

01/06/2012- Married My best friend

05/09/2012- Mailed I-130 via Fed Ex

5/10/2012- I-130 has been received & Signed for at the Chicago lockbox at 10:23 am

05/14/2012- Received NOA1 via Text Message

05/17/2012- Received NOA1 via Snail Mail(Postmarked 5/15/2012)

07/27/2012- 9:36 am Received NOA2 via text message (thought it was a dream)

07/30/2012- Started calling the NVC to see if case has been received

08/02/2012 -Called NVC- Rep told me that NVC Received Package 07/30/2012 (Still no case# assigned)

08/16/2012 -Called NVC- Information has been entered and received my case number (Yahooo)

08/24/2012- AOS Bill invoiced and paid

08/30/2012- Emailed the DS-3023

09/05/2012- Sent AOS (Affidavit of support) packet via Fed Ex (overnight)

09/06/2012- AOS Packet received

09/11/2012- Received email notification that the DS-3023 (Choice of Agent) has been accepted

09/13/2012- Received IV Bill

09/13/2012- Paid IV Bill

09/17/2012- IV marked as paid

09/17/2012- Sent IV Package (DS-230) via Fed Ex

09/18/2012- IV Package Received

09/18/2012- AOS Packet Accepted

09/25/2012- Called NVC and found out I have an RFE

09/26/2012- Received RFE via EMAIL

10/01/2012- Sent original divorce documentation (RFE) via Fed Ex overnight

10/15/2012- CASE COMPLETE (Yahoooooooooooo)

10/23/2012- Case complete email received..

11/02/2012- Called DOS and received interview date

11/05/2012- Received email with check list and appointment date

11/20/2012- Medical Completed

12/03/2012- Interview Scheduled

12/24/2012- Entered the USA and got to MN at 12:08 am on 12/25/2012 Merry X-Mas to us

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LIFE'SJOURNEY Mentor

LIFE'SJOURNEY   970

Posted
Filed: Lift. Cond. (apr) Country: Jamaica
 Timeline
Posted (edited)

Ok what is ROC and just curious what we can do now?

ROC, is remove the conditions on his green card. If he didn't he could now be in removal proceeding. If he is in removal proceeding, trying to get a new GC thru a different marriage can be difficult, but not totally impossible. It will be expensive$$$$$$.

Talk to a lawyer, before you do anything.

Edited by LIFE'SJOURNEY
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LIFE'SJOURNEY Mentor

LIFE'SJOURNEY   970

Posted
Filed: Lift. Cond. (apr) Country: Jamaica
 Timeline
Posted

ROC, is remove the conditions on his green card. If he didn't he could now be in removal proceeding. If he is in removal proceeding, trying to get a new GC thru a different marriage can be difficult, but not totally impossible. It will be expensive$$$$$$.

Talk to a lawyer, before you do anything.

What is the expire 2016 date, do he have a 2 year or 10 year green card? Whaat is the overstay about, is it that he has been in Jamaica longer than 12 months?

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SweetieOne Collaborator

SweetieOne   41

Posted
Filed: Other Country: Kenya
 Timeline
  • Author
Posted (edited)

Yes the expire date is 2016 and I beleive it is a 10 year green card!! Yes he has been in Jamaica for longer than 12 months due to the divorce and other issue's. How would we know if the green card has already been in ROC status. He keeps saying we just need to write a letter but I assume he has no clue as to what he is talking about, maybe I am wrong. Should I have him consult with an attorny on his end??

Please give me some hope, I want him to come home soon.

Thanks for your help so far

Edited by Nattiez

01/06/2012- Married My best friend

05/09/2012- Mailed I-130 via Fed Ex

5/10/2012- I-130 has been received & Signed for at the Chicago lockbox at 10:23 am

05/14/2012- Received NOA1 via Text Message

05/17/2012- Received NOA1 via Snail Mail(Postmarked 5/15/2012)

07/27/2012- 9:36 am Received NOA2 via text message (thought it was a dream)

07/30/2012- Started calling the NVC to see if case has been received

08/02/2012 -Called NVC- Rep told me that NVC Received Package 07/30/2012 (Still no case# assigned)

08/16/2012 -Called NVC- Information has been entered and received my case number (Yahooo)

08/24/2012- AOS Bill invoiced and paid

08/30/2012- Emailed the DS-3023

09/05/2012- Sent AOS (Affidavit of support) packet via Fed Ex (overnight)

09/06/2012- AOS Packet received

09/11/2012- Received email notification that the DS-3023 (Choice of Agent) has been accepted

09/13/2012- Received IV Bill

09/13/2012- Paid IV Bill

09/17/2012- IV marked as paid

09/17/2012- Sent IV Package (DS-230) via Fed Ex

09/18/2012- IV Package Received

09/18/2012- AOS Packet Accepted

09/25/2012- Called NVC and found out I have an RFE

09/26/2012- Received RFE via EMAIL

10/01/2012- Sent original divorce documentation (RFE) via Fed Ex overnight

10/15/2012- CASE COMPLETE (Yahoooooooooooo)

10/23/2012- Case complete email received..

11/02/2012- Called DOS and received interview date

11/05/2012- Received email with check list and appointment date

11/20/2012- Medical Completed

12/03/2012- Interview Scheduled

12/24/2012- Entered the USA and got to MN at 12:08 am on 12/25/2012 Merry X-Mas to us

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LIFE'SJOURNEY Mentor

LIFE'SJOURNEY   970

Posted
Filed: Lift. Cond. (apr) Country: Jamaica
 Timeline
Posted (edited)

Yes the expire date is 2016 and I beleive it is a 10 year green card!! Yes he has been in Jamaica for longer than 12 months due to the divorce and other issue's. How would we know if the green card has already been in ROC status. He keeps saying we just need to write a letter but I assume he has no clue as to what he is talking about, maybe I am wrong. Should I have him consult with an attorny on his end??

Please give me some hope, I want him to come home soon.

Thanks for your help so far

This information changes everything, forget ROC, his green card is still valid. The divorced had nothing to do withhis Green card, he just didn't want to come back to the states. Now on to the real problem, he has been out of the US longer than 12 months. This is the only and real problem. He can come back if he wants to.

Edited by LIFE'SJOURNEY
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SweetieOne Collaborator

SweetieOne   41

Posted
Filed: Other Country: Kenya
 Timeline
  • Author
Posted

This information changes everything, forget ROC, his green card is still valid. The divorced had nothing to do withhis Green card, he just didn't want to come back to the states. Now on to the real problem, he has been out of the US longer than 12 months. This is the only and real problem. He can come back if he wants to.

Really, you just gave me some hope on this :dance: !! Thank-you, Thank-you, Thank-you!!! I am going to call him tonight and have him take all his information to an attorney and see what we can do to get this handled.. I have been so depressed over this, you have no idea…

Jah Bless

01/06/2012- Married My best friend

05/09/2012- Mailed I-130 via Fed Ex

5/10/2012- I-130 has been received & Signed for at the Chicago lockbox at 10:23 am

05/14/2012- Received NOA1 via Text Message

05/17/2012- Received NOA1 via Snail Mail(Postmarked 5/15/2012)

07/27/2012- 9:36 am Received NOA2 via text message (thought it was a dream)

07/30/2012- Started calling the NVC to see if case has been received

08/02/2012 -Called NVC- Rep told me that NVC Received Package 07/30/2012 (Still no case# assigned)

08/16/2012 -Called NVC- Information has been entered and received my case number (Yahooo)

08/24/2012- AOS Bill invoiced and paid

08/30/2012- Emailed the DS-3023

09/05/2012- Sent AOS (Affidavit of support) packet via Fed Ex (overnight)

09/06/2012- AOS Packet received

09/11/2012- Received email notification that the DS-3023 (Choice of Agent) has been accepted

09/13/2012- Received IV Bill

09/13/2012- Paid IV Bill

09/17/2012- IV marked as paid

09/17/2012- Sent IV Package (DS-230) via Fed Ex

09/18/2012- IV Package Received

09/18/2012- AOS Packet Accepted

09/25/2012- Called NVC and found out I have an RFE

09/26/2012- Received RFE via EMAIL

10/01/2012- Sent original divorce documentation (RFE) via Fed Ex overnight

10/15/2012- CASE COMPLETE (Yahoooooooooooo)

10/23/2012- Case complete email received..

11/02/2012- Called DOS and received interview date

11/05/2012- Received email with check list and appointment date

11/20/2012- Medical Completed

12/03/2012- Interview Scheduled

12/24/2012- Entered the USA and got to MN at 12:08 am on 12/25/2012 Merry X-Mas to us

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LIFE'SJOURNEY Mentor

LIFE'SJOURNEY   970

Posted
Filed: Lift. Cond. (apr) Country: Jamaica
 Timeline
Posted

Really, you just gave me some hope on this :dance: !! Thank-you, Thank-you, Thank-you!!! I am going to call him tonight and have him take all his information to an attorney and see what we can do to get this handled.. I have been so depressed over this, you have no idea…

Jah Bless

At POE when they ask why has he been out of the country greater than 12 months, he needs to tell them a good valid reason. If he has not abused his CG privileges in the past, they will let him back in with a warning, of do not stay out again past the alloted time without proper documents.

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SweetieOne Collaborator

SweetieOne   41

Posted
Filed: Other Country: Kenya
 Timeline
  • Author
Posted

At POE when they ask why has he been out of the country greater than 12 months, he needs to tell them a good valid reason. If he has not abused his CG privileges in the past, they will let him back in with a warning, of do not stay out again past the alloted time without proper documents.

Do you think that we should hold off on getting married in Dec? I guess, I feel if he has resonable ties to me in the US they will yes give him a hard time, however will let him enter? also, what would be consider a "good valid reason" other than the ex wife and the divorce and no ever thinking he would re marry again??

01/06/2012- Married My best friend

05/09/2012- Mailed I-130 via Fed Ex

5/10/2012- I-130 has been received & Signed for at the Chicago lockbox at 10:23 am

05/14/2012- Received NOA1 via Text Message

05/17/2012- Received NOA1 via Snail Mail(Postmarked 5/15/2012)

07/27/2012- 9:36 am Received NOA2 via text message (thought it was a dream)

07/30/2012- Started calling the NVC to see if case has been received

08/02/2012 -Called NVC- Rep told me that NVC Received Package 07/30/2012 (Still no case# assigned)

08/16/2012 -Called NVC- Information has been entered and received my case number (Yahooo)

08/24/2012- AOS Bill invoiced and paid

08/30/2012- Emailed the DS-3023

09/05/2012- Sent AOS (Affidavit of support) packet via Fed Ex (overnight)

09/06/2012- AOS Packet received

09/11/2012- Received email notification that the DS-3023 (Choice of Agent) has been accepted

09/13/2012- Received IV Bill

09/13/2012- Paid IV Bill

09/17/2012- IV marked as paid

09/17/2012- Sent IV Package (DS-230) via Fed Ex

09/18/2012- IV Package Received

09/18/2012- AOS Packet Accepted

09/25/2012- Called NVC and found out I have an RFE

09/26/2012- Received RFE via EMAIL

10/01/2012- Sent original divorce documentation (RFE) via Fed Ex overnight

10/15/2012- CASE COMPLETE (Yahoooooooooooo)

10/23/2012- Case complete email received..

11/02/2012- Called DOS and received interview date

11/05/2012- Received email with check list and appointment date

11/20/2012- Medical Completed

12/03/2012- Interview Scheduled

12/24/2012- Entered the USA and got to MN at 12:08 am on 12/25/2012 Merry X-Mas to us

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LIFE'SJOURNEY Mentor

LIFE'SJOURNEY   970

Posted
Filed: Lift. Cond. (apr) Country: Jamaica
 Timeline
Posted

Do you think that we should hold off on getting married in Dec? I guess, I feel if he has resonable ties to me in the US they will yes give him a hard time, however will let him enter? also, what would be consider a "good valid reason" other than the ex wife and the divorce and no ever thinking he would re marry again??

He should enter the US first, but how long has he really been out of the US?

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SweetieOne Collaborator

SweetieOne   41

Posted
Filed: Other Country: Kenya
 Timeline
  • Author
Posted

He should enter the US first, but how long has he really been out of the US?

He just hit 3 year in October ;(, I wanted my jamaican beach wedding but whatever works best for this kind of situation..

01/06/2012- Married My best friend

05/09/2012- Mailed I-130 via Fed Ex

5/10/2012- I-130 has been received & Signed for at the Chicago lockbox at 10:23 am

05/14/2012- Received NOA1 via Text Message

05/17/2012- Received NOA1 via Snail Mail(Postmarked 5/15/2012)

07/27/2012- 9:36 am Received NOA2 via text message (thought it was a dream)

07/30/2012- Started calling the NVC to see if case has been received

08/02/2012 -Called NVC- Rep told me that NVC Received Package 07/30/2012 (Still no case# assigned)

08/16/2012 -Called NVC- Information has been entered and received my case number (Yahooo)

08/24/2012- AOS Bill invoiced and paid

08/30/2012- Emailed the DS-3023

09/05/2012- Sent AOS (Affidavit of support) packet via Fed Ex (overnight)

09/06/2012- AOS Packet received

09/11/2012- Received email notification that the DS-3023 (Choice of Agent) has been accepted

09/13/2012- Received IV Bill

09/13/2012- Paid IV Bill

09/17/2012- IV marked as paid

09/17/2012- Sent IV Package (DS-230) via Fed Ex

09/18/2012- IV Package Received

09/18/2012- AOS Packet Accepted

09/25/2012- Called NVC and found out I have an RFE

09/26/2012- Received RFE via EMAIL

10/01/2012- Sent original divorce documentation (RFE) via Fed Ex overnight

10/15/2012- CASE COMPLETE (Yahoooooooooooo)

10/23/2012- Case complete email received..

11/02/2012- Called DOS and received interview date

11/05/2012- Received email with check list and appointment date

11/20/2012- Medical Completed

12/03/2012- Interview Scheduled

12/24/2012- Entered the USA and got to MN at 12:08 am on 12/25/2012 Merry X-Mas to us

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