Removal of condition DENIED

[elzee 0]

Not only am I confused by your timeline but also I feel like you, OP, need to come up with some solid responses to a lot of questions. For example, you stated you stayed in your home country for medical treatment because it is cheaper there than in the US. Makes sense, but now you are also saying you want to stay in the US because of the healthcare you can receive.

If I was the judge, I'd feel like you are picking the explanations that you feel fit best for particular situations but in the big picture, they are contradictory.

Yes, that time it was more reasonable for me to get operated in the Philippines because we didnt had any insurance back then. Now we do. So it is an easy access for me. I had cancer and it requires me to monitor it. My dream of having a happy family is now brokwn, so If not for my medical issues I would just give up my fight with the immigration and go back home. But my child is loving it here so im torn.

[Boiler 43,736]

Adults need to make he call, not children.

[jyaku 138]

I don't think there is anyway you can legally qualify for a legitimate bonafide marriage.

1. You left your spouse alone for 2 years so you didn't care about your spouse.

2. There are no vacations together (no airline tickets, no hotel bills, no movie tickets)

3. There are no joint accounts

4. There is no joint lease

5. There is no joint car registration

6. You never called 911 ( and had police verify that abuse was legitimate).

Look at it from their side.. this is textbook case of fraud and they will treat you as such.

Don't appeal from emotion.. appeal with facts. That's why you go through so much paperwork to get a green card.. Most of us have 5 binders full of stuff and compared to that you have.. zilch.

Sorry to say but you brought this upon yourself with your own choices.

The only advice that makes sense is.. go home and apply for a I-130 based on marriage to a US Citizen and don't screw up again with the proof.

[Unidentified 2,930]

I don't think there is anyway you can legally qualify for a legitimate bonafide marriage.

1. You left your spouse alone for 2 years so you didn't care about your spouse.

2. There are no vacations together (no airline tickets, no hotel bills, no movie tickets)

3. There are no joint accounts

4. There is no joint lease

5. There is no joint car registration

6. You never called 911 ( and had police verify that abuse was legitimate).

Look at it from their side.. this is textbook case of fraud and they will treat you as such.

Don't appeal from emotion.. appeal with facts. That's why you go through so much paperwork to get a green card.. Most of us have 5 binders full of stuff and compared to that you have.. zilch.

Sorry to say but you brought this upon yourself with your own choices.

The only advice that makes sense is.. go home and apply for a I-130 based on marriage to a US Citizen and don't screw up again with the proof.

She doesn't have a USC to apply with and to just find one would just lead to more fraudulent suspicion as that seems to be her only concern.

[Umka36 781]

I'm still puzzled on why the K2 was not applied at the same time as the K1 (I would have made it a requirement that my child joins me in order for me to immigrate to the US, and if finances are a problem to wait to file).

Oh well, what's done is done now, but it's going to be an uphill battle no matter what you do OP. Wishing you the best of luck.

Edited October 16, 2015 by Umka36

[Jawaree 717]

OP hire a very good atty, the forum help may be to elementary

better yet take Sandra's advice.

The marriage seem one of convenience to IO not spending much time & building a

life with hubby, since the child could have entered with you...They think you not just

have a kid back there but maybe your baby-daddy too.

Being abused and a cancer patient they'll wonder how come your were not under

the care of a psychologist...cancer itself is depressing added to abuse ??

All this is what they are thinking not my thoughts, I however would like to say I

hope you get better and beat the cancer sincerely...best wishes

[Project_Harajuku 28]

She can file for extreme hardship waiver which does not need bonafides of marriage. Especially with her illness. That alone coupled by showing she will not be able to get the adequate medical help in her home country is adequate all by itself. She needs a lawyer.

She left the US to get treatment in her home country so that reasoning won't hold up

[Khal_Drogo 50]

Not to rub salt in an old wound, but I just have to say after having read through this thread: I completely understand why you went back home. I can barely stand going to work for twelve hours away from my son. But I know that if I were to stay with him every day, I would lose the job that puts food in his mouth. The issue is, no matter how much to try to use that reason, it won't work for several reasons. The first is because you knew when you filed that spending that long outside the U.S. would most likely get your ROC denied. You are expected to know this when you file. The second is that you never went back to visit your husband. The hardest part of getting a visa is trying to put your love onto paper and proving it to people who have never met you. This screams, "I never cared enough for my husband to even spend a week with him." I will always champion kids over marriage, but I can honestly say that while I love my son to death, I could never spend that long away from my wife even with my son with me without visiting her and having her visit me. Trust me, I do understand your desire, but this tells me as an objective observer that you desired your children and never desired your husband. The third reason is that history is not on your side; this is a textbook example of what happens when someone tried to game the system. Marry, ditch, only come back when something important happens. It's so cut and dry I could package it and sell it as jerky.

I understand your pain, and I for one believe you. But you are an adult who made very poor choices, something you will need to own up to. Get the best attorney you can, and take only cold hard facts to the judge; your attorney will go through everything with you and determine the best way to proceed.

Also remember, this forum is a public record. Know that whatever you say here, if found by USCIS or another party involved with the removal proceedings, they can be used against you. I have seen people removed for stuff they have put on Facebook and Instagram, so make sure that whatever you say here is the same thing you would say to the judge. If not, well, silence can speak louder than words.

Sorry if I beat a dead horse, and good luck with your case.

[Eric-Pris 1,602]

She tried to remove conditions the usual way and was denied.

Then she claimed abuse.

And then claimed that her name was being used to run a business--- which has nothing to do with the immigration status issue.

Bottom line--- very weak evidence (and gotten after the denial), and the fact that the only time she spent with her husband was waiting for the greencard to be approved. And her trips abroad were 11 months (less than 1 year, I guess somebody studied the rules for abandoning the greencard).

Like somebody else said, looking from immigration point of view, there is nothing there to approve. It looks like a straight greencard run. And divorced even before R.O.C. approved on top of that.

I think the best advice would be to not waste money on lawyers who won't be able to help. Use that money to re-start your life in your country.

Edited October 23, 2015 by Eric-Pris

[IcezMan_IcezLady 582]

Looks like your denial is based on your trips..nothing to do with your husband even if you were abused.

You moved here to be with a man you were so in love with only to return to your home country for almost a year. You spent more times away from your marriage which is the reason why you are able to come here, than the time you spent with the man you married. That's your problem. Filing VAWA will not help you in this situation if the since you are not divorced and abuse was not the reason you left to spend more time in your home country..Let your child file for you instead..

She tried to remove conditions the usual way and was denied.

Then she claimed abuse.

And then claimed that her name was being used to run a business--- which has nothing to do with the immigration status issue.

Bottom line--- very weak evidence (and gotten after the denial), and the fact that the only time she spent with her husband was waiting for the greencard to be approved. And her trips abroad were 11 months (less than 1 year, I guess somebody studied the rules for abandoning the greencard).

Like somebody else said, looking from immigration point of view, there is nothing there to approve. It looks like a straight greencard run. And divorced even before R.O.C. approved on top of that.

I think the best advice would be to not waste money on lawyers who won't be able to help. Use that money to re-start your life in your country.

Totally agree with you!

[TBoneTX 43,422]

The OP has received the same answer multiple times, and it's all that can be offered here, so this thread is now closed to further comment.

VJ Moderation