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ChristopherChu

Considering Abandon I-751 Based on Divorce And Leave The Country Permenantly?

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Hello Everyone

 

I'm new to the forum. It was a long story, but I try to keep it short, if anyone interested in detail, I will have more. I am from China and married to a USC, originally I came here by F-1 visa and studied at a prestigious university. I met my ex-wife on the internet in September 2014, after three months of dates, we bought a house and moved in together. We entered our marriage in 2015 May. In 2016 March, I got my 2 years green card. However, my wife, she cheated on me and had a baby with another man after she filed divorce last year April. Our marriage comes the its end by August 2016. And I hired a lawyer to file I-751 waiver based on good faith marriage, it went to CSC, at this point, I am still waiting for RFE. We had a strong pack of evidence, every possible evidence, joint house, cars, all bills, membership, pets, air and hotel tickets to New York-Hawaii honey trip, receipt of a diamond ring, e.t.c... the list goes on. However, my lawyer had some personal prejudices against me, saying "the local office will never believe a China man could ever marry a white American woman." "You are the kind of person USCIS wants to deport and kick you out of the country" "if you travel, you may never come back, e.t.c." "They will put you in prison if you get denied." So, I am worried about 'kangaroo court', if you know what I mean.

 

Now I have already graduated from my alma mater but could not find any decent mean to live here. So I am thinking about going back to China in October, at least my departure will make America greater again one step ahead. I see current CSC processing time in on 20 June 2016, I am afraid what if  I got called to an interview before my departure and denied, fast placed to immigration prison? My lawyer threatens me if I got denied by the local office, ice will bust my house arrest me, I don't know if I should believe him? Because I studied on this matter if my case denied, I can no longer have the valid statue once the card expired, which it will be in March 2018, but then I would be long gone. My current plan is pack up, leave the country on October 15th, once I'm in China, I will go straight to US embassy in Beijing and surrender my green card, then say God bless America. Most likely I won't be back to states in a long time, perhaps never again. Now my question is if I got called to the interview before my departure, and I went and got denied, or simply not showing up, what will happen?  Can I safely stay here until my departure?(Again, my card expire by March 2018) Right now I feel like I'm acting the movie Dunkirk, intensified and scattered. I only have roughly 40 days left. Anyone has any idea, Please comment, suggest and help me!

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Thank you so much gypsyqueen! Yes, I spent few months to think about this issue. And I made my decision, go back where my family is and call it home. Job-wise, China is in prosperity now, plenty of opportunities. Wouldn't I can only be deportable after case denied and card expired? By the time my green card expired, I will be long gone. Where I live, you can see ice every day, they are active. Worried about if they will put me on the fast track.

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3 minutes ago, ChristopherChu said:

Wouldn't I can only be deportable after case denied and card expired?

Yes, you are correct. You have a legal status in this country so you don't have to worry.

 

If you made up your mind, US is losing a well-educated citizen.  I wish circumstances would have been different for you - marriage wise. I wish you good luck in your future endeavors.


**N-400** 06-27-2018 : N-400 online & NOA1 || 07-07-18 : received Bio Appt e-mail notification || 07-27-18 : Biometrics reviewed || 09-25-18 : OFFICIAL 3 YEAR ANNIVERSARY || 11-06-18 : Interview --

**ROC** (pending)  07-26-2017 : I-751 sent || 07-31-2017 : NOA1 || 09-05-2017 : Biometrics || 08-09-2018 : Case transferred to local office --

**AOS/EAD/AP** 02-20-2015 : AOS filed || 02-24-2015 : NOA1 || 03-19-2015 : Biometrics || 04-30-2015 : EAD&AP approved || 05-05-2015 : EAD&AP received || 09-25-2015 : Conditional GC approved || 10-02-2015 : GC received --

**K-1** 08-12-2014 : I-129F Sent || 08-14-2014 : NOA1 || 09-03-2014 : NOA2 || 09-10-2014 : Petition transferred from USCIS to NVC || 09-18-2014 : NVC received || 09-24-2014 : US Embassy MNL received our case || 10-14-2014 : Medical Exam done! || 10-23-2014 : Interview || 10-31-2014 : Passport & Visa on hand --

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Thank you Frage! I noticed on I-751-c form, 'Notice of Action' explained, the person is subjected to deportation after the abandonment of the case or denial of the case. Usually, by the time people's status relied on 'Notice of Action', their green card has already expired. In my case, my card won't expire before mine departure. However, if I got a rejection, I am I also being deportable?

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Thank You missileman! Yes, he is a real lawyer. I hired him through my family law lawyer's recommendation, at the same time it's odd that his competency deems mismatch with his Avvo rating... Before him, I went Several attorneys, none of them would handle my case, once they heard 'Divorce'.

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Fire the 'lawyer' - immediately - as he is talking utter s****.

 

 

 

Your chances of approval or denial with a divorce waiver are the same as without - they are still adjudicated on the bona-fide-ness evidence presented. If you are for some reason denied,  you can appeal, all the way to an immigration judge. 

Generally, once you have filed an I-751, your status as a permanent resident remains exactly as it is currently, until ordered by an immigration judge. By filing the I-751, your status is automatically extended while pending- even if your physical card has expired.

 

Your case could be pending for YEARS (as a perfect example mine is now at 2 1/4 years since filing ) but your status remains.

 

Remember that the green card is only PROOF of status, and is not the status itself.

 

As a LPR it is very unlikely that

a)ICE would turn up at your house and detain you or b)you would end up in immigration detention.

 

 

Think about your plans and peruse all available options very carefully indeed. 

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4.5 months from I-130 petition to visa in hand)

 

I-751 #1 [Denied]

 

Early May 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
May 2015: Notice of receipt/1yr extension received, dated day of receipt. This was forwarded to me outside the US, and no issues re-entering multiple times.
June 2015: Biometrics completed - walk in / argument, stressing proof of imminent travel and multiple prior inconvenient appointments & reschedules.
May 2016: Vermont Service Centre updated to processing May 2015 cases, therefore my case is now classed as outside normal processing time
May 2016: Service request sent (whatever that is) after calling to find out why I am still waiting after 12 months. Unable to tell me anything.
May 2016: Letter received in response, stating processing is on hold due to 'pending security checks' with no other information. Not helpful.
May 2016: (7am) - Infopass appointment for I-551 Stamp in passport.  (8am) - Returned to USCIS office for another I-551 stamp after realizing the dumbass put the expiry stamp as 2015 not 2017. Two entire passport pages wasted. Cheers. 

Oct 2016: Infopass appointment (not at local office). USCIS have sent my file to an overseas office, in a country that neither myself or my spouse have ever resided in. It has sat there untouched for five months. Why? Who knows. Internal query requesting urgent clarification is sent by USCIS officer.  
Oct 2016: An identical 'pending security check'  letter received, addressing precisely none of my or the immigration officers legitimate queries. 
Nov 2016: Infopass appointment: My file is now back in the US and at my local office...no other updates or progress. 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'       Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance - enough is enough. 
May 2017: Yet another infopass. No updates, interview of further progress. Still no response from Congressperson, Senator, or Ombudsman received. 
June 2017: 68 days after contacting them, the Ombudsman finally contacted USCIS. 'It may take up to 60 days to receive a response'.   
July 2017:  A follow up enquiry sent by Ombudsman to USCIS after receiving no response or action after 45 days. I am Jack's complete lack of surprise. 
August 2017: 60 days has come and gone with no response from USCIS. Contacted the Ombudsman who will contact them AGAIN. 
August 2017: Email from Ombudsman - USCIS have scheduled an interview at the very end of August .  
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
September 2017: Now 4 weeks since interview, my file has not moved from the officers desk, and no decision is showing when I call and speak to a Tier 2.  
September 2017: Request filed for Senator assistance (a different senator - maybe I will get a reply & assistance from this one?). 
October 2017: 37 days since interview....and no decision.  W, and indeed, TF is going on???? 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS

I-751 #2 [Pending] 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  

October 2017: I-797C Receipt/extension letter received, dated day of receipt at VSC 

October 2017: Another I-551 stamp obtained at infopass appointment, as the extension letter is useless with a 2yr card that expired 2.5yrs ago! 

November 2017: Biometrics completed (early walk-in) 

2018: Re-entered US multiple times with second I-751 extension letter & stamp. Quick trip to secondary required to verify, and stamped in as normal

  

N-400 [Pending] 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February 2018: Biometrics completed (walk-in)

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33 minutes ago, mindthegap said:
 

 

34 minutes ago, mindthegap said:

Fire the 'lawyer' - immediately - as he is talking utter s****.

Thank you mindthegap! Do you think current CSC process time( 20 June 2016) will run into my schedule(Departure on Oct 15)? Such as interview and RFE. Because I don't really want to deal with them anymore.

 

 

Your chances of approval or denial with a divorce waiver are the same as without - they are still adjudicated on the bona-fide-ness evidence presented. If you are for some reason denied,  you can appeal, all the way to an immigration judge. 

Generally, once you have filed an I-751, your status as a permanent resident remains exactly as it is currently, until ordered by an immigration judge. By filing the I-751, your status is automatically extended while pending- even if your physical card has expired.

 

Your case could be pending for YEARS (as a perfect example mine is now at 2 1/4 years since filing ) but your status remains.

 

Remember that the green card is only PROOF of status, and is not the status itself.

 

As a LPR it is very unlikely that

a)ICE would turn up at your house and detain you or b)you would end up in immigration detention.

 

 

Think about your plans and peruse all available options very carefully indeed. 

1

 

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5 hours ago, ChristopherChu said:

We entered our marriage in 2015 May. In 2016 March, I got my 2 years green card. However, my wife, she cheated on me and had a baby with another man after she filed divorce last year April.

Since people here are questioning he competence of your lawyer, one more thing, since you were still married at the time of the child's birth:

 "...in many states, the child of a married woman is automatically considered the husband's child."

I hope your lawyer made the paternity issue clear. Otherwise, if your ex-wife's new relationship fails, she could try to come back to you for child support. Not an issue if you return to China (China is not in the international Hague agreement) but may be an issue if you stay in the US).

http://www.johnbednarzpc.com/blog/2014/07/you-are-not-the-father-paternity-issues-and-divorce-in-arizona.shtml

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27 minutes ago, databit said:

Since people here are questioning he competence of your lawyer, one more thing, since you were still married at the time of the child's birth:

 "...in many states, the child of a married woman is automatically considered the husband's child."

I hope your lawyer made the paternity issue clear. Otherwise, if your ex-wife's new relationship fails, she could try to come back to you for child support. Not an issue if you return to China (China is not in the international Hague agreement) but may be an issue if you stay in the US).

http://www.johnbednarzpc.com/blog/2014/07/you-are-not-the-father-paternity-issues-and-divorce-in-arizona.shtml

Thank you for advice! That is a very important piece of information. That is scary. But I can only hope for the best between her and her current husband, wise they could be married for a hundred years. 

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31 minutes ago, databit said:

Since people here are questioning he competence of your lawyer, one more thing, since you were still married at the time of the child's birth:

 "...in many states, the child of a married woman is automatically considered the husband's child."

I hope your lawyer made the paternity issue clear. Otherwise, if your ex-wife's new relationship fails, she could try to come back to you for child support. Not an issue if you return to China (China is not in the international Hague agreement) but may be an issue if you stay in the US).

http://www.johnbednarzpc.com/blog/2014/07/you-are-not-the-father-paternity-issues-and-divorce-in-arizona.shtml

Oh, recall my previous post, I made a confusing point. While we are still married, she was pregnant, but not yet give a birth, until Jan 2017. I will change that in the original post. Sorry about that.

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6 hours ago, ChristopherChu said:

Thank you so much gypsyqueen! Yes, I spent few months to think about this issue. And I made my decision, go back where my family is and call it home. Job-wise, China is in prosperity now, plenty of opportunities. Wouldn't I can only be deportable after case denied and card expired? By the time my green card expired, I will be long gone. Where I live, you can see ice every day, they are active. Worried about if they will put me on the fast track.

Then go!  And BTW, where did you go to college?

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