user19000

When you got married back in December why didn't you add her to your employer health insurance?

Your responsibility is to your wife and baby. If you need to apply for medicaid to care for them, then that's what you do period.

What has she done for you? Relationships are a two way street....

Thanks everyone for your insight..I definitly can see where most everyone is comming from here. And i would give the same advice if i was asked about this situation. and here it comes the but. We have been together for 4 years i helped her a lot thru those years in heard times finacially and emotionally. But something interesting is around the time something was going on she wouldnt accept any financial help from me..none.
Anyway, Im taking a chance probobly the biggest of my life. I'm putting my faith in her that she is not trying to scam me. I just cant let this go if there is any chance i accept responsibility for whatever happens to me. If she keeps that baby i dont see much chance for her being able to come here. Time will tell all..Oh btw approved yesterday August 6th..LOL
Thanks everyone again you were very helpful even if im as stubborn as an ###.

OK. When I read things here, usually I will read them twice, for understanding.
You could choose to do the same, before piling on the anecdotal stuff from your life, in response to any poster here at VJ.
Specifically for this topic, IMO, you've gotten a lot of things 'wrong' and are adding in useless noise trying to make a connection, via regurgitation of your anecdotal stuff, to the OP.
When ya get it wrong, and do this, who benefits?

You are totally wrong. Several of my fiance's sisters and nieces divorced before and had no problems finding new husbands. A few of them even had children when they divorced. Divorce is more and more part of life in a modern era regardless of religion and culture. The Arab/Muslim world is no exception.
Furthermore, if something terrible did happen to her husband someone in his family would have said something to her by now. My fiance has all my relatives and friends contact info. If anything ever happened to me they would tell him straight away. It's clear this man abandoned their marriage and you're out of line in saying this is her fault. Time for her to move on.

I am thinking that there is nothing lucky about a Muslim girl in a Muslim country who marries a guy in good faith against her family's wishes (even they supported her decision) and then have it fall apart like this.
Personal view: If that guy did what it looks like he did he needs his a$$ kicked at a minimum.
Selamat Eil iu Fitr!

Hi Nick ! The lass is lucky, her 'husband' married her after the divorce was finalized.
What else ya got ?

Failing to file the I-485 means they are not a legal resident and legally can no longer stay. Not filing and completing the I-485 means they have not filed all the paperwork required. It does not sound like they care if they are an illegal in any case, and they entered illegally to begin with. But they no longer have a path to become a legal resident.

Ah, so from around thirty years ago. Not really relevant to today's discussion then.

I think I asked you for a source the last time you rolled out that statistic and you couldn't provide one.
Is there fraud in the K-1 system? Absolutely. Is it 30%? I very much doubt it's close to half that number.

Day two of this process and seems like its not getting easier, but I'm not hurt as much...Surrounding myself with positive supportive people is benefiting me. Thankful, my husband called me and wanted to fix things, and wanted a second chance. I just don't understand I asked him to head to counseling several times and wanted a second chance. It seems like he realized that his parents will have a longer journey to immigrate to the USA once we are divorced. He didn't call me the day I left or stop me when I walked out of my house, instead was smiling. Just irritating, that my parents are seeing a man wanting to work things out now.....His mom started calling me as well and this woman was aware of our situation and told me to wait and he'd grow up. Changing my phone number today, don't need this negativity.

The problem is that the alimony is tax deductible for you because it is taxable for her. It would be no different than if she lived here as a LPR won the lottery or earned a pension and then moved back to her home country and gave up her residency. The lottery winning or pension ares still taxable in the US because that is where they are payed from just like your alimony. If she were allowed to collect the alimony tax free you could divorce, stay together, pay her a huge alimony payment and deduct it from your income therby reducing your tax burden to zero and have your money tax free. See the problem it would be a huge loophpole for tax fraud.

They may not even care why the marriage ended. You don't need to volunteer that information, but don't lie if its asked. But you need proof of a valid marriage to remove conditions the same as anyone does, and that takes evidence. Evidence you currently appear to be short on. Start digging up evidence of a real marriage.

I already told you that. http://www.visajourney.com/forums/topic/443500-im-in-need-of-desperate-help-please/?p=6400875
**Edit - you don't need "more time", you need to leave. You could extend all this for years, you will spend a lot of money on attorney's fees doing so, but in the end you will not have legal status and neither will your kids. If you are concerned about them and their education you should leave the US and live somewhere you are legally able as soon as possible.
They are not facing a ban on returning to the US until they are over 18 so if they leave before then, they stand a chance of being able to return to the US on student visas (if they're approved for them).

Based on what you've said here you don't have a VAWA case; at best you will manage to string proceedings out for a few years, but that's all.
If you are concerned for your children's education you may want to investigate returning to your home country.

First of all your lawyer is a #######,he gave you 2 wrong information. If you get married then YOU CANNOT FILE VAWA.The Law clearly states you can just get married after vawa approval NOT BEFORE.Second why do you have to wait removal proceedings to file I-360?if you have a vawa case you can file vawa anytime, and when you receive the Notice to Appear in Court you just need to show the prima facie and the judge will postpone your hearing and you will not be deported until adjudication of your Vawa.Vawa was taking 17/19months to be adjudicated now it's taking 2months. YOUR husband left you,but this is not ground to file I-360 , to file Vawa considering mental abuse you must prove extreme cruelty. Find a good lawyer because the one you went there is not good at all.

Gather several attorneys' opinions, not just one who is telling you some of what you want to hear.
Based on what you have said you do not have any claim under VAWA, so he is leading you down the garden path there. Even if you did have such a claim, it doesn't sound like you will be able to prove a bona fide marriage which is required under VAWA, so it would be closed under that avenue too.
Right now it sounds like you're trying to stay in the US under any circumstances.

Yes, your attorney sounds like a fine lawyer. If you can't a green card with this guy, divorce him ASAp, and marry the other guy juts in case the appeal doesn't work?
Are you kidding me? Unfortunately too many lawyers are like this. Most are complete schysters.

Your attorney is advocating immigration fraud by telling you to remarry in order to secure your status. That's not a good thing. If you were already in a relationship, that's one thing but you'll dig yourself a bigger hole. He is right though, if you were married you'd have the chance to AOS but given the history of your file I doubt it would work, even if it WAS a real marriage.
It's also not a good thing that he told you he won't tell you about the Removal Proceeding until it's time. It could be he's busy, or it could be he's planning on milking you for money. If he tells you the process and you find out it's "easy" by googling or asking other people you might not pay him for his services. It could also just be that it depends on what your letter says. It's been a while and your situation is unique.. he could be playing it safe. I agree with filing for divorce, but it's going to be hard unless your husband co-operates because he needs to be served.
VAWA is for people who have been abused and to be honest, again given the history of your file, I think it's a last ditch effort that WILL NOT work and will instead simply bleed you dry. If you hadn't already had TWO AOS proceedings denied (one for abandonment the other for fraud) then you might stand a chance, but as you remained in the states after the denials, and as you'll only be filing the VAWA after or around the Removal Proceeding it will look fake and you'll need a LOT of evidence of abuse. That's what VAWA is, abuse. You weren't abused. Yes he's since abandoned his family, but as far as USCIS is concerned it was a fake family for a GC anyway. If he files for VAWA for you, I'm concerned about what sort of evidence he's going to try and manufacture seeing he's decided a fake marriage would "save" you. Also, VAWA takes MONTHS, 18+ months to be approved (if it's approved). It's a lengthy process.
And yes. You are facing detention followed by deportation. Not just you, but also your kids. It would be better, in my opinion, for you to save the money you would have spent on the lawyer in going back to your home country, or at least leaving the states. I understand you WANT to stay here but you are currently here illegally. You have no right to stay. You are in limbo and will remain in limbo for years (as will your children). It is better for them in the long run to return to their country (before they get a ban for overstaying past the age of 18) and try and rebuild/build their lives there instead of living in secret and being careful not to mention they're in the country illegally.
It is entirely up to you though what you do. Of course seek second and third opinions from attorney's, don't just stick with the one that promises you the world because a GOOD attorney will tell you the truth of your situation, and it's not good. Also, just because he has 30 years of experience means NOTHING. He could have experience in losing all his cases. It doesn't mean he's a good attorney at all. It means he's been doing it a while, but again, means nothing.

I think you will be fine with all the documents you listed. My situation was way worse than you but i also got approved. I was married for 7 months and was together for 5.
One more thing that you should attach is a personal affidavit of how you met, your married life and the events that led to the divorce. I can empathize with how you are feeling right now, but believe me, i think you will be just fine. I have seen too many cases of i-751 waiver where the applicant wasn't even called for interview.

Hi everyone , i went to i-751 interview today , it was not bad not good , the IO was so friendly and respectful very few questions asked , i dont know what they are going to do when they ask few questions they deny my case? any idea when people get this kind of interviews what they do to the case ?

the interview questions :
1- how long you been together ?
2- there is a bills,tax return, bank account etc... shared with you and your spouse ?
3- do you have kids together ?
4- where she lives ?
5- what was the reasons of divorce ?
6-what was the disagreements between you and your spouse ?



The IO asked me if he can take the evidence i provided with me like photos , receipts , envelops was received when we was together , and copy of my driver license and ID and he put them all together on one envelop and he write my name and where am from on the envelop .
after that he told me ok you all set , when you get approved you will know we will sent to you a mail.

please advice

The cover letter is more for you and your records. Do they even look at it?--who knows. By putting at the beginning what the application is for, where it is going, and then a list of supporting evidence, YOU can check it off to make certain YOU have not forgotten anything that YOU wanted to send. ROC is highly specific to each person's case. I sent a cover letter listing everyhting that they will find in the package and a request to approve the application. It is not required, but I think it is a nice touch for the person getting your package and it helps you organize the evidence.
Good luck,
Dave

Responses above.
If your relationship doesn't make you happy, then leave. Don't make your decision because you want to keep your greencard or want a better chance of keeping it. That's fraud.

wow Yangana, good luck brother, I know you since vawa part2, still remember transporter, another guy from Vawa part2, I really think you got your approved long long time ago. it really seems like VSC is coming back to those cases in 2011, Santa Clause is coming to town.
For those approved single mother, if you guys need some help, you can do business, I can support you all kinds of products, from plastic pipes(PVC,PE,PPR,HDPE), clothes (Fuctional fiber T/C,100% cotton,TR, T-shirt, sport wears) to farming tools (shovels, forks, picks,hoes, rakes, axe, hammer, trowels) and garden tools,thanks for VAWA, I have been kicked back to my own country for 2.5 years, got lots of connection with those business owners, they can supply me those products above. All you need to do is to find customers online, if customers need samples, I sent it to them, if they want to order 1 million dollars products, I arrange shippment and do the delivery, you got your commission to support your kids, I donot care about money, but I do care about my family. that is the thing which keep bother me after I saw those approved people got no jobs, survived by US food stamps, we are family here, we got to survive in the United state of American! have a nice day!