Jump to content

11 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Jamaica
Timeline

Hey guys...didnt think I would be back here again lol question...I am married and my husband is already in the states. He and his family have green cards, but his expired last September. He has and attorney and she is very incompetent. She was supposed to file to forms to renew his GC and just recently told him that someone in her office filled out the Asylum form on accident...she has made so many mistakes and we just want to do this on our own. So because my husband is already in the states, and been here a while, where do I start? he cant work right now or renew his license because of this attorney. We just want to go ahead and file the forms ourselves....

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Denmark
Timeline

He is now subject to removal proceedings if found out.. File ASAP but recognize that USCIS may reject the petition if they don't feel as though the reason for filing so late is a good cause. Include a letter with your petition explaining what happened, why, and how. Not sure if it will help but maybe try to get a signed letter from your attorney explaining that it was the fault of the firm. If the petition is rejected, he may be deported and then you would have to start fresh with a CR1, disclosing the removal proceedings on the I130. But that's just an "if" plan. First step is to file as soon as possible.. It is already extremely late, you don't want to delay this any further.

Start reading here https://my.uscis.gov/exploremyoptions/remove_conditional_status

Edited by LilyJ

Our CR1 Journey:

 

USCIS Stage:

  • Feb 14 2019: NOA1 (NSC)
  • July 31 2019: I129f NOA1
  • Sep 19 2019: I129f NOA2 (Denied - 50 days from NOA1)
  • Sep 19 2019: I130 NOA2 (Approved - 217 days from NOA1)

 

NVC Stage:

  • Sep 27 2019: Sent to Department of State
  • Oct 31 2019: Case number received (34 days since sent)
  • Nov 1 2019: IV & AOS fees received & paid
  • Nov 14 2019: IV & AOS submitted
  • Dec 18 2019: All docs accepted, but one additional doc requested (5 weeks from submission)
  • Dec 18 2019: Requested doc submitted
  • Feb 19 2020: Documentarily Qualified (9 weeks from 2nd submission, 14 weeks from first submission)

 

Interview Stage:

  • Mar 11 2020: Interview letter received
  • Apr 1 2020: Interview date
  • Mar 17 2020: Interview cancelled due to COVID-19
  • August 3 2020: Rescheduled letter received, new appointment August 25 2020
  • August 25 2020: Visa approved at interview! (558 days from NOA1)

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline

He is a Legal Permanent Resident, his card is just proof and obviously a LPR can not apply for an asylum.

 

Renewing his Green Card is pretty simple, just fill in the form and send the fee, quite why he needs a lawyer to do so I have no idea.

 

Why can he not work, should have enough evidence for the I9 without the actual card, ditto license assuming you mean Drivers Licence, I did not need the card when I renewed mine.

 

Make sure the Lawyer refunds in full, threaten them with the State Bar if they do not.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

File the ROC.  It is what you do.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Denmark
Timeline
3 minutes ago, Boiler said:

He is a Legal Permanent Resident, his card is just proof and obviously a LPR can not apply for an asylum.

 

Renewing his Green Card is pretty simple, just fill in the form and send the fee, quite why he needs a lawyer to do so I have no idea.

 

Why can he not work, should have enough evidence for the I9 without the actual card, ditto license assuming you mean Drivers Licence, I did not need the card when I renewed mine.

 

Make sure the Lawyer refunds in full, threaten them with the State Bar if they do not.

I assume his conditional residency expired and they needed to file to remove conditions, since according to their timeline he came over on a K1 in 2017. However it expired in September and it's now February, long past the expiration and long past the time for filing for ROC. Instead of the lawyer filing the ROC, they filed for asylum. Meaning he's now out of status and no longer an LPR until ROC..

Edited by LilyJ

Our CR1 Journey:

 

USCIS Stage:

  • Feb 14 2019: NOA1 (NSC)
  • July 31 2019: I129f NOA1
  • Sep 19 2019: I129f NOA2 (Denied - 50 days from NOA1)
  • Sep 19 2019: I130 NOA2 (Approved - 217 days from NOA1)

 

NVC Stage:

  • Sep 27 2019: Sent to Department of State
  • Oct 31 2019: Case number received (34 days since sent)
  • Nov 1 2019: IV & AOS fees received & paid
  • Nov 14 2019: IV & AOS submitted
  • Dec 18 2019: All docs accepted, but one additional doc requested (5 weeks from submission)
  • Dec 18 2019: Requested doc submitted
  • Feb 19 2020: Documentarily Qualified (9 weeks from 2nd submission, 14 weeks from first submission)

 

Interview Stage:

  • Mar 11 2020: Interview letter received
  • Apr 1 2020: Interview date
  • Mar 17 2020: Interview cancelled due to COVID-19
  • August 3 2020: Rescheduled letter received, new appointment August 25 2020
  • August 25 2020: Visa approved at interview! (558 days from NOA1)

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline
2 minutes ago, LilyJ said:

I assume his conditional residency expired and they needed to file to remove them, since according to their timeline he came over on a K1 in 2017. However it expired in September and it's now February, long past the expiration and long past the time for filing for ROC. Instead of the lawyer filing the ROC, they filed for asylum. Meaning he's now out of status and no longer an LPR until ROC..

OP said he and his family have GC's, no mention of RoC.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Denmark
Timeline
5 minutes ago, Boiler said:

OP said he and his family have GC's, no mention of RoC.

Yes but if you check their timeline, he came on K1 2 years ago, meaning he needs to remove his conditions now

Edit: 3 years ago actually. Forgot it's 2020. Oops

Edited by LilyJ

Our CR1 Journey:

 

USCIS Stage:

  • Feb 14 2019: NOA1 (NSC)
  • July 31 2019: I129f NOA1
  • Sep 19 2019: I129f NOA2 (Denied - 50 days from NOA1)
  • Sep 19 2019: I130 NOA2 (Approved - 217 days from NOA1)

 

NVC Stage:

  • Sep 27 2019: Sent to Department of State
  • Oct 31 2019: Case number received (34 days since sent)
  • Nov 1 2019: IV & AOS fees received & paid
  • Nov 14 2019: IV & AOS submitted
  • Dec 18 2019: All docs accepted, but one additional doc requested (5 weeks from submission)
  • Dec 18 2019: Requested doc submitted
  • Feb 19 2020: Documentarily Qualified (9 weeks from 2nd submission, 14 weeks from first submission)

 

Interview Stage:

  • Mar 11 2020: Interview letter received
  • Apr 1 2020: Interview date
  • Mar 17 2020: Interview cancelled due to COVID-19
  • August 3 2020: Rescheduled letter received, new appointment August 25 2020
  • August 25 2020: Visa approved at interview! (558 days from NOA1)

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline

I'm confused. Is this your "ex" husband you mentioned in another post or the friend you were trying to help, they have similar timelines. What exactly is he filing for? I thought when you come on K1, permanent residency isn't until they approve the AOS. If he didn't get his green card until February 2018, he wouldn't be eligible to remove conditions until, at the earliest, November 2019. How did his greencard expire in September? Or was it backdated to an earlier date? Why would he need a lawyer to remove conditions? You just fill out the forms and submit your evidence, same as when you applied for the K1. The lawyer filed for asylum? So are you guys actually divorced and he's trying to remove conditions and the lawyer tried some trickery? I don't understand. My suggestion... he needs to fire that lawyer ASAP and you need to be honest so you can get complete and accurate answers to assist you.

Edited by angelbrown

Share this post


Link to post
Share on other sites

Agree with @angelbrown. A lot more info is needed.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline
35 minutes ago, Jass said:

This is not my ex-husband, we have divorced and he left me over a year ago. 

Ok so you remarried and your new husband is trying to renew his greencard? You say his greencard expired in September. When you say he’s been here a while, do you mean awhile in that he has a 2 year greencard he’s trying to remove conditions on or a 10 year card he needs to renew? I’m just trying to understand bc in order to provide you correct answers, people need complete and accurate info from you. When you provide half information, people can only look at your timeline to draw conclusions to help you. In that sense, you may actually be provided with incorrect answers. You say he can’t work. Did the lawyer tell him that? He still needs to fire the lawyer. 

Edited by angelbrown

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...