GreenTrain

Greenie: Any good news yet?

Did you try Infopaas?

Any update Osita yet?

Any good news Greenie yet?

I want to hear good news from you

Good Luck !!!

http://immigrate2us.net would probably be the better place to ask questions like that.

Thanks a lot, Hypnos !

But wondering if we don't have any people here who went thru process of appealing BIA?

If you made money from odd end jobs, then you are required to file. He need to file for the past 3 years. Then he will need a sponsor.

This is the Best answer you can get at this time for your situation. Go for it.

I agree with Mr Smiley !!!

Would like to check if anybody have experience of going thru the appeal process?

Also, if this goes to BIA court,

Please give me an high level idea like what steps happen, when and how?

GURUs, Please help me with following questions:

1. How long it takes to get decision on appeal?

Are you in status during that?

2. Do we need to attend the hearings or its just attorney,

3. If appeal is pending, do we get another interview for AOS(if we re-file)?

4. If appeal is pending, EAD is valid or not(issued from last I-485 filing)?

Thank You All !

Hey GreenTrain? I've been wondering about you. How are you doing? Where are you now? Have you moved already? Or are you in the process of refiling here and then move to the other state? I hope you are doing okay....take care, okay?!

Thanks 'AnotherLostSoul' ! I am doing okay.

Yes i moved, and doing appeal & re-file both.

Me too best of luck in your journey!!

Good Luck 'greenie80' !!!!

Just look at the guides at the top bar > go thru it > specific questions? > ask here

Your case seems straight forward. Don't waste your money with lawyers. They take your money, take all the details from you, fill in the forms, mail it out, receive the responses and forward to you. thats it. (Unless case have some issue, one doesn't need lawyer)

Good luck !

Did you get your approval yet, Greenie?

@greenie80:

Any update from your side?

But if the motions granted and you get approved for a new interview the card will be valid at that point and will remain valid until the new interview kay?

I have filed the appeal to BIA.

Now:

1. What outcomes i can expect?

2. If appeal approved, i'll get GC or another interview?

3. I have valid EAD until end of the year. Is this valid until appeal goes on? How this will work with appeal outcome?

4. Usually how much time it takes to get decisions on such appeals? Do we both need to go to court or just attorney?

Do somebody have clear picture of complete process of appeals?

Thank You !

@inluvwanija:

Your situation is bit complex. Its good to understand all the factors before you actualy face them so that you can prepare yourself.

It can happen to anybody. You're the best judge for your situation.

Here people try help you based on what you tell them. So, giving details (if you okay with that) are in your own interest so that you get good advice.

'Capri ' is really good at analyzing the factors, and providing suggestions.

Lawyers (most of them) are not better than that. Only thing they don't give you all the details till end/or until they get their fee . They always win, doesn't matter if the client win or lose. If client lose, they gwill get higher fee for even more complex case

But that doesn't mean that you don't need one.

Choose your options wisely.

I am also more or less have similar situation like yours.

Keep us posted about your progress.

Wishing you good luck !!!

Okay. Further on this...Questions:

1. While re-file, Can i use same I-693 (medical) if its still under one year?

2. EAD received based on previous application, will be valid or not if i appeal?

WOW, that is awesome! Go for both! It is a bit more expensive, but at this point, it is worth it! Man, if you get approved GreenTrain I'll want your address to send you a congratulations card!!!!

Definitely AnotherLostSoul ! I wish that day come quickly and we party together in Sacramento !!!

I am going for both. I won't leave anything un-explored.

Glad we have great community called "VJ" with Bonus, people like you !!!

When you appeal you have several option available on the appeal form-

An appeal is a request to a higher authority to review a decision. It goes through the Officer first though. See where it says on the form- it may be considered by USCIS as a motion before forwarded to AAO? thats what it means. AAO is the higher authority. USCIS is the officer. So the officer is going to see it first, treat it as a motion, if the approve it, it ends there, if they dont, it gets forwarded to the AAO which they attempt to resolve appeals within six months of receipt.

So when you file an appeal youre appealing the decision to the AAO but the officer who made the original decision will first review the record. A review of the record will determine whether the evidence or argument submitted in the appeal warrants reopening or reconsidering the decision. If they do- it ends there. If the adjudicating officer determines it doesnt, the officer will forward the case for further review to the AAO.

If you file a Motions to Reopen or Reconsider: A motion to reopen is a request to the original decision maker to review a decision. The motion must be based on factual grounds, such as the discovery of new evidence or changed circumstances, and "state the new facts to be provided in the reopened proceedings and be supported by affidavits or other documentary evidence." See 8 CFR 103.5(a)(2). (you cant re-open but you can reconsider)

A motion to reconsider is a request to the original decision maker to review a decision based on new or additional legal arguments. The motion must establish that the decision was incorrect based on the evidence of record at the time of that decision, and it must state the reasons for reconsideration. A motion to reconsider must be supported by "any pertinent precedent decisions to establish that the decision was based on an incorrect application of law or [uSCIS] policy." See 8 CFR 103.5(a)(3). Unlike a motion to reopen, new evidence or changed circumstances cannot support the filing of a motion to reconsider. The motion stays at the local office and are supposedly adjudicated in 90 days. If you disagree with the decision you can then appeal it to the AAO.

In either situation its going to go through the Officer who denied you. In the appeal, you dont need to quote laws or policy, in the motion to reconsider you do. In the appeal, it will get forwarded to the AAO if the officer rejects it, in the motion, it wont unless you forced it to if its rejected.

Because the motion and possible process through the AAO can take a while some people choose to refile and file the motion/appeal because they want both of them moving at the same time. Its like having 2 horses in the race in case one bows out, you have something else going. (Like I said the AAO can take 6 months, the motion can take 90 days and then you have to file with the AAO)

Refiling may get you a different Officer to interview you but its not going to change the fact that theres a note in your file saying you were denied for AOS for being suspected of seeking immigration benefits.

IMO filing the appeal shows you disagree with their findings, where refiling looks more like youre just trying to 'get away with it again'.

If it was me, I would appeal with the motion that should be decided with in 90 days by the officer. If its denied then I would refile and not bother going through the AAO. You can quote policy. You did submit all necessary proof of a bonafide marriage. (I dont believe you had a stokes interview did you?) So they should bring you back in for one. And you should be approved after that. And bring additional evidence this time.

@capri: Thats Big useful information for me and whoever in similar situation.

My lawyer also suggested me to go for both but i was not that convinced. I thought it just go to same officer, and thats it.

Now, i strongly feel that i should go for both 'HORSES'. Expensive but worth it.

Do we have any experience like that here?

Other senior members may also chime in please.

Thanks a Lot, capri !

I had Stokes interview but they ignored all the evidences (i had very strong evidences spanned across 3 yrs)

Lets see how it goes...

GOD Bless all !

Anybody had experience like this e.g Refile or Appeal

Please share your thoughts on what option you chose, any problems, time taken, lessons learnt, were successful?

Thank you for your !

Would like to have have inputs for:

1. In what scenerio, Refile is better? What are the advantages/Risks?

2. In what scenerio, Appeal is better? What are the advantages/Risks?

3. In what scenerio, both Appeal & Refile are better/needed? What are the advantages/Risks?

Please jump in...

Shoplifting is a CIMT.

CIMT?

Someone from India might find that route appealing. It would take an Indian national 8-10 years to get an employment based green card, not including the time consuming labor certification (for Indians, EB-2 is currently retrogressed to Sep 2004 and EB-3 to Nov 2002). Meanwhile, spousal green cards are immediately available and are processed much more quickly.

Here the topic is different. If you really want to talk on this pls start another thread.

Its' same for china my friend why you say India only

Also, pls don't provide incomplete/invalid info.

8-10 years to get an employment based green card > not correct

time consuming labor certification > takes 2-4 months

EB-2 is currently retrogressed to Sep 2004 > Sometime back it was May 2010 & expected to come back again.

How about EB1? You forgot that. One can get GC in couple of months.

I can go on...but don't want to lose focus of the thread.

If you don't have capacity to help someone, please get your help & stay away.

Oh greenie, I didn't know you're also up for a second interview! Gosh, fingers and toes crossed for you as well.

GreenTrain: I responded to your PM. And I really wish you the best!!!!!!!!!!!!!!!!

@AnotherLostSoul: Your name should be "AnotherGoodSoul".

You are the inspiring light on this forum !!!

@greenie80: I have provided you the details by responding to your PM.

You should be good this time. We all wish you success!!

You're the inspiration for me. When see your struggle, i feel my struggle is nothing.

God Bless !

I somewhat agree with the above- but a statement like- theyre going to grill you if youve had a previous marriage is very vague and IMO very inaccurate. The only way a previous marriage is going to be an issue and something that is going to be 'grilled' is if your previous marriage overlapped your relationship with your new spouse, or if the USC spouses prior marriage resulted in immigration benefits for the previous spouse. And even then its only if the Officer chooses to go that direction in the interview.

Scenario 1- USC had a prior marriage 10 years ago where spouse 1 adjusted through them. Marriage dissolved 6 yr ago. Married spouse 2 last year. Adjusting spouse 2 now. Most likely marriage to spouse 1 is a non-issue and will not come up. Does not seem like spouse 1 is marrying aliens and adjusting them.

Scenario 2- USC had a prior marriage 2 years ago where spouse 1 adjusted through them. Marriage dissolved less then a year ago. Immediately upon divorce papers being issued USC married spouse 2 and filed papers to adjust spouse 2s status. Questions arise. Seems like USC is marrying aliens and adjusting them.

Scenario 3- USC had a prior marriage 2 years ago where they were married to another USC, marriage dissolved less then a year ago, immediately after divorce papers were signed they married the alien and filed to adjust status. Again, seems suspicious. Again, while they didnt adjust the first spouses status, it casts doubt on the legitimacy of the marriage to the second spouse.

Scenario 4- (which may be the OP) Alien is in the US on a work visa, or in a foreign country married to spouse 1 while having a relationship with a USC. Terminates relationship with spouse 1 through divorce, marries USC and files for AOS. Of course its going to seem they terminated the first marriage solely for the purpose of marrying the USC to obtain benefits.

Everyones situation is different. A general statement is way to vague. Every person needs to look at their situation from the outside and say- what does this look like and how can we address any concerns someone might have. Was there any overlap? Why was there an overlap? What are our answers about the overlap? Do we have any physical proof we can bring with us?

Good analysis !

But i would like to add to 'Scenario 4' person on work visa(H1B) need not to marry someone to get immigration benefits.

H1B visa's are Highly Skilled worker visa's(65K per year from all over world). Employers are more than happy to process green cards for their employees having H1Bs.

On the other hand, they can get always green card based on their employment.

I'm not trying to frighten anyone. I've gone through each page possible on visajourney and trackitt and many people have been asked about their previous marriage. Just because u haven't heard about it more than once doesn't mean it rarely happens. I specifically searched for cases like mine having been married before and guess what? when I went to my interview I was asked a few questions regarding my previous marriages. Ill be happy to back it up with links. I think the worst for these people that are going through second interviews is to tell them not to worry about if. They should be mindful that the subject could very well come up and they should not be caught off guard. And it is very relevant to the present marriage because if the officer can prove that perhaps your previous marriage was a sham, then you are barred from ever adjusting doesn't matter how many times u marry a USC. So people do your research please

Agreed !

Sometime people don't care about previous marriage details as they think its only the current marriage that matters.

Remember they can always start from previous marriage, and prove you wrong even if you have tons of evidences about your current marriage(they don't even look at those). People tend to forget those painful incidents but they want those details as well. It sucks.

Please don't unnecessarily frighten people on here. If it was a normal occurrence, we would have heard about it on this forum before this. It is simply a red herring in this context.

Better to get frighten, and get prepared rather get rejected and suffer.

Just curious, is it the person who's immigrating that is under more scrutiny if he/she has been married before? My husband, who is the immigrant, has never been married, but I, the USC, was married before to another USC. I've been separated/divorced from my ex-husband for almost 3.5 years. Just wondering if I should be worried about our AOS interview...

You need to be careful.

They're going to grill if anybody have previous marriage.

Few more points...

We both were married previously. But USC wife never sponsored anybody earlier neither immigrant husband got sponsorship from anyone(married outside of US to non USC)

Living together for 2 years before marriage plus 9 months after marriage.

Now, i need if anybody have experience after denial.

What they did & how?

Would you mind going over what you were asked and what questions you each got wrong? The reason I ask is it might help us see a red-flag or a way for you to overcome this red flag.

What she was doing when u came back 4 days ago, all places where ex-wife lived after separation, Rings, activities on day before wedding(9 months ago), when she met kids & how often, when moved in together, sex etc...

I see from your profile you're AOSing from a H1-B. Have you posted the story of how you met?

Do you live together > Yes

Have you known each other long> over two years before marriage, have evidences also?

Do you share many things> a lot. leases, cars, 401Ks, Auto/Life/Health Insurances, heavily used Bank/Credit cards?

Anybody been thru the process of refile?

How was it?

I understand that if i MTR, it'll go to same IO which i don't see much of use

What do you think, what's the better approach?