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awayding

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Posts posted by awayding

  1. Oh yes they are I got several different updates over a few days and I just laughed and thought hmmmmm government department lol and computer mistakes lol you'll be fine let me know when it arrives ok

    Status switched again today!!!

    Now reads:

    On August 11, 2011, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS.

    Looks like i'm good, even if I still need to receive the card !

    Thanks for the support !

  2. Something like that lol but it passes trust me / I felt terrible while I was waiting and felt like a nothing even though my husband tried to convince me differently but it did not feel good that's for sure.

    Just looked at my status and now says "On August 10, 2011, we ordered production of your new card. " instead of "On August 5, 2011, ..."

    God knows what they're doing with those updates, so funny :-)

    I'm good though, no more stress and I'll just wait patiently, seems like those status updates are often all over the place :-)

    Thanks for the advices

  3. If you sent in your RFE's then you are sweet means you have been approved and card is on its way. Now you may get several emails too if you signed up for that as I got about 4 and then on USCIS site it said card production then post decision then card production a few times. They say 30 days so its on its way. No temporary proof you just wait for the mail.

    Thank you for your feedback ;-)

    Does that mean that I'm currently a resident even though I haven't received the card, yet?

  4. My online I-485 status just switched to Card/ Document Production.

    It says it could be a month till I get the actual card.

    I wasn't approved at the interview since the IO requested more evidence and sent us the RFE 2 months ago.

    My question is:

    Assuming I'm correct in believing I've been approved since the website says my card is being produced;

    What is my current legal status?

    Can I get some temporary proof of that status (i.e. get an infopass and get a stamp nows)?

    Thank you

  5. So it's been several months and I have some new stuff worth sharing.

    Me and my wife went to the appointment that came with the RFE letter.

    We hired an attorney, just in case and brought al required documents and then some.

    The IO refused to see us and had the person at the desk tell us it was just a drop-off.

    What the ... !!! Why make an appointment, then? We wasted money on the lawyer and time waiting 3 weeks for the appointment when we could have brought or mail the additional info earlier.

    Anyway, the lady at the desk told us we'd hear from the officer in 30-60 days.

    2 months went by with no news.

    Called the lawyer who sent some formal inquiry.

    Anyway, yesterday, online status for the I-485 reads:

    "Card/ Document Production

    On August 5, 2011, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283."

    I can't imagine this means anything besides the fact that I've been approved and my GC is in production.

    I've read that that status can sometimes be used for RFE but it wouldn't say "your new card", right?

    I also gathered that status first goes to Card/Document production then to "Post Decision Activity" when they mail you notice of approval and such.

    When asking for confirmation, customer service won't do anything than reading the same thing am looking at.

    Lawyer says I shouldn't celebrate till I have the card in hand.

    What do you think?

    Thank you

    (Sorry, if I'm not being more prompt but I think it's best sharing the whole experience)

  6. I just happened across your other thread - I think JimVaPhuong gave incredible insight into your situation. I would also second attempting to contact your ex-wife and having her complete an affidavit regarding the dissolution of your 1st marriage if you can. Good luck!!!

    Yes, I was thinking about that and will ask a lawyer about it.

    Am wondering if it wouldn't be better to just submit the documents they are asking for.

    Anyway, thank you for your help

  7. Did the RFE ask you to bring any other documents with you? I am wondering what it is referring to: "with your response in person." What are they asking you to respond to?

    Is there a set appointment date/time or do they just want you to show up anytime?

    Yes, there is a list of documents that I have to bring (divorce related mostly + more bona fide proof of current marriage)

    One page states the appointment time and place (May 13th), the second page, listing the document says "... with your response in person BY May 13th" which implies I could bring it anytime.

    I still think it is an appointment but don't really want to take any chances anymore :-)

  8. This snowball started rolling because you forgot that you'd applied for a green card based on the first marriage. The IO's presumption is that you didn't forget, but were intentionally trying to hide it from them. This has substantially raised his suspicions about the circumstances surrounding the first marriage. That's why he's asking for far more than simply a divorce decree. He wants the divorce petition and court proceedings, which should give reasonably detailed information about the circumstances that led to the divorce, and also provide some insight into the state of your relationship with your ex-wife.

    I imagine he might be looking for evidence that you entered the first marriage as an attempt to circumvent immigration law, and your ex-wife discovered she was being "played" and divorced you as a result. Someone in that situation might not attempt to hide the first marriage, but might try to hide the fact that they tried to get an immigration benefit out of the marriage.

    Give them precisely what they asked for. If possible, you might see if you can get in touch with your ex-wife and have her prepare an affidavit about the circumstances that led up to your marriage and divorce. The IO thinks there's something suspicious about that first marriage that you don't want him to know about. You need to convince him that there's not.

    Yes, I understand they're digging for evidence of sham marriage in order to deny the whole thing. The decree states "upon the grounds of incompatibility" which, I guess is legal term for "young and stupid" :-)

    I feel terrible for the mistake and not stating doubts before but it's not like I thought they would't find out. It's just that after going through the whole process and paying the hefty fee this, I really didn't think I went through so much at the time. I thought I just went to the INS office and got the forms. I guess the price went up since then and they are now asking for a lot more. Still, I should have covered the possibility better.

    I am still in touch with my ex-wife and I'm sure she would not mind stating the good faith of the marriage.

  9. Thought I'd keep you guys posted on how things are moving along so that anyone can use the experience or if anyone can offer additional advice.

    RFE came in the mail 6 days after the interview and requests:

    • original or certified copy of the Petition of Dissolution of Marriage for the divorce
    • original or certified copy of the record of court proceedings (court transcripts) pertaining to the divorce
    • further evidence of bona fide marital relationship i my current marriage

    one of the page says "Please return this letter and all attachments with your response in person to [officer name] by May 13, 2011".

    the other page says "Please come to the office below at the time and place indicated".

    Wondering if that means I can bring it back before the due date, the first page says "by", but unlikely they accept unscheduled appointments.

    This also means we have to go in person and not just mail it. Should we expect an interview?

    Should be meeting with lawyer this week and hope to know more.

    Thanks everyone for all the help provided so far, truly appreciate the time taken.

  10. I think that entirely depends on what you WANT to know. What do you need to know? What are you hoping to find? As in are you looking for your entry/exit history? Do you want to see an old file to see what happened with it? Are you trying to located something you need for AOS?

    I wanted to get a copy of the old file so I could reconstitute a timeline and I was curious to see how much information I had been able to gather that would even support an AOS.

    I'm trying to reconstitute a period that happened 16 years ago so I can provide them with more answers.

    History of exit/entry would be useful too in that regard. Do you know if they have a record of that dating back to 1995? The IO asked me for my old passports so I was wondering if he had the info.

    Thanks

  11. **Edit - just saw your other topic here: http://www.visajourney.com/forums/topic/306265-prior-marriage-raising-flag/

    What exactly does your prior file matter? It would have been abandoned. The IO knows what he needs to know. Like I said in the above thread, your previous relationship is IRRELEVANT, the only thing that matters is that your NOW marriage is valid and that's why your decree matters. Your prior marriage isn't raising a red-flag. Had you said "yes i filed AOS before" you wouldn't be having the issues you're having now because right now the IO thinks you're lying and trying to hide something. It's a shame because you didn't lie on purpose but it's still coming back to bite you.

    Exactly, I feel so stupid for not having said yes and explain in a separate file that I was not sure but what's done is done.

    The prior file was indeed abandoned and I never tried to benefit from a marriage once the relationship ended up.

    I just hope they see the big picture and realize that I'm just stupid instead of a lier :-)

  12. They couldn't care less about your last relationship because it's COMPLETELY irrelevant to your process now. What matters is that you were free to marry your current wife and your divorce decree from your previous relationship and you stated that the IO said there's something not quite right about it so just wait for the RFE. You also indicated he wanted relationship evidence, that would be for your CURRENT relationship. You aren't being judged on your previous relationship. It would be completely ridiculous to judge you on your past relationship when THIS is the one you're AOSing from. They CAN use your past against you... such as lying or not being divorced at the time of applying via a new wife but whether you're approved or not won't be because of your old relationship and because you divorced so soon after marrying or whatnot.

    Stress less! They'll probably need more about the decree. Could be they want the reasons for divorce, or maybe he thought it was wrong. He could also want more evidence of co-mingling your relationship.

    What visa did you come in on? If you came in on a K1 or K3 then you're posting in the correct place. If you entered via the VWP and are AOSing from that you should be posting and reading here: http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

    Thank you for the positive feedback, this is nice to read.

    This forum is as much a source of info as it is therapy ;-)

    I came in on a B2 visa and filed before it expired so I never overstayed my visa. Was this the right place to post?

    I'll know more when I get the request but I am trying to be prepared ahead of time.

    I was just worried about how much impact if they think that my first marriage was a sham and that I lied about the fact that filed for AOS then, although that was an honest mistake.

    I have zero concerns about establishing bona fide marriage for the current marriage but feel that the first is somewaht a roadblock untl they have more info.

    Thank you so much for taking the time to post

  13. Ok sorry. I was confused. As I understand you did file for AOS based on marriage but left before the AOS was adjudicated?

    If you gave a timeline with entrys to the US (with the visa that you entered in) it may become clearer.

    Yes, I left before I even received anything from them, that's why I had very little to remember the filing by.

    I really didn't go far in the process.

    I'm racking my brain to try to reconstitute that timeline but it's very hard as I don't have the passports any more since we return them when they expire.

    I believe I had a work authorization based on a student visa after graduating from college during the first marriage and I entered last time with a B2 visa that I had the last 10 years.

  14. Ok sorry. I was confused. As I understand you did file for AOS based on marriage but left before the AOS was adjudicated?

    Why are you worried about the interview? What did the IO say that made you feel that she was more concerned with the first marriage?

    If you gave a timeline with entrys to the US (with the visa that you entered in) it may become clearer.

    No problem, I'm a bit confused myself ;-)

    I'm concerned because we had the interview and the whole time, the IO was rude and dismissive.

    He hardly asked about our marriage apart from a few question, dismissed pictures, wedding bills, testimonies... but kept the financial and insurance stuff.

    He then, started to focus on me and confronted me with a copy of my original filing from the first marriage after asking me about it and me telling him that my best guess as that I hadn't filed.

    He asked me to recognize my handwriting which I did and explained that I said that I replied based on my best guess about something that was a long time ago, trying to explain the source of my mistake, trying to be as clear and articulate as possible.

    The whole time the officer just gave us the same attitude which I understand the reason why but really wished we had gotten one with a different work method as It was very stressful to my wife.

    In the end he said the divorce decree I had didn't have all the info he required and that he we were going to receive a request for additional info before basically dismissing us.

    I called the clerk office in New Mexico where my ex-wife filed the divorce and they told me they divorce decree I had was the complete document and was certified and they din't have anything else.

    I'll know more when we get the request and will be consulting with a lawyer next week but the waiting period is hard on both of us.

  15. What evidence were you asked to send in? The evidence from the first marriage or second marriage?

    I haven't received the request yet, I'm trying to prepare ahead of time so I can reply as soon as I have it.

    I suspect they'll will ask about the first marriage.

    The good faith of second one is easy to prove, we have over 2 years of highly documented relationship, travel, financial records, insurance...

    The second one would be very difficult considering it was 16 years ago and didn't last long.

  16. The problem is on the forms you are asked about previous marriages and your forgetfulness could be seen as a misrepresentation.

    I am assuming that both times you got married, you were here on the Visa Waiver Program. That means twice you entered the US, married a US citizen and then filed for a green card. The first time you abandoned the case, this time you didn't.

    I think that this is a red flag because it may look as if you married your first wife for immigration purposes and your forgetfulness may look like concealment because you knew that it would look odd if you had the previous marriage on your forms.

    How did the IO come to find out about your prior marriage? Did you tell her that you were married in the interview or did she inform you that she knew?

    What evidence were you asked to send in? The evidence from the first marriage or second marriage?

    PS. Seriously, how many people forget a marriage?

    Thank you for your feedback

    No, I didn't forget the marriage :-) I did indicate the marriage in my file and supplied all information about my ex-wife and included the divorce decree as well.

    What i forgot about is wether or not I had actually filed for residency.

    This was 16 years ago and I honestly thought long and hard about it trying to remember how much I did. I remembered going to the then INS office and asking for information and forms but I didn't remember anything that resembled the full process and paying the high fee. Also, my wife was young and without a serious job so I'm sure she wouldn't have qualified as a sponsor. Based on that, I assumed I didn't complete filing and as it turns out, I guessed wrong. Maybe the process was simpler then and the fee lower. We were young, stupid and unstable, moving around and staying with friends.

    I even went to the local USCIS office to try to get an answer to that question but they were unwilling to disclose any information.

    So I didn't conceal the marriage and I didn't seek residency after the initial filing.

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