Sage001

What he laid out may be the only way, but still no status in the end. I'm just worried about kids' education, because I'm afraid no one else will worry about it. That's America's ill spot

Yeah. I know what you mean now. No status in the end.

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.

But I will have my hearing soon, like in 2 months. I think my attorney is using VAWA cancellation at the hearing. But I'm pretty sure it won't work for me because I have to prove my husband will suffer if I leave US which is not true because he left me. So it's better to file VAWA now then wait for hearing? I think my attorney is trying to buy me more time

Attorneys know better. They find ways to drag it in court for years. Problem is: your status won't Change all that time

Yeah, he's trying to buy more time. Do you have any suggestions?

I will not dispute that lawyer may be #######, but for a slightly different reason. He likely didn't care enough for his potential client to follow his train of thought, or to comprehend the risk faced in the end. He probably went something like this: IF you indeed receive a notice, then you could file I-360 to stave off the Judge...In the meantime, if you succeed to conclude divorce proceedings, and then you get lucky to marry a USC...then it won't matter that I-360 is eventually denied, you'll have a new path. Trust me, I've done plenty of these over 30 years. Like someone said: a shyster is a shyster, what will you do? In the meantime, he couldn't care less about kids' education

Yeah your right. That's how he explained to me. He told me that I have a lot of choice, and there are many ways

I-360 may buy time, but not approval. To have I-360 approved, you need more than neglect or abandonment - you need abuse that has caused you or kids mental harm. You'll also need to prove bona fide marriage - which you have failed to prove once already in USCIS records

Yes my attorney had a feeling that I-360 won't be approve but he said he's using that to buy time. But I just want to know what will happen when immigration judge denies it

Okay I have talked to this attorney who is specialize with this case and he has 30 years of experience. He told me that 1) file the divorcement paper as soon as possible, because my husband left me and it's been almost 2 years so he's not coming back to me n my kids. Also his relatives told me that he's dating someone in VN so that's why my husband withdrew this whole thing. 2) wait for another letter from USCIS immigration court and bring it to my attorney. My attorney said they should send it to me by September because every 2 years, USCIS looks through the denied case , and send people the letter for Removal Proceeding if there's no improvement on their case. My attorney also said that he will use I-360 to support my case since my husband neglected us. 3) my attorney told me to remarry once I wait 6 months of the divorce. Because if the judge doesn't grant me, then I can have another option to adjust my status because of my new husband.

My question is How does Removal Proceeding Court work? Is lt like hearing or something? I'm asking this, because my attorney said he won't tell me until I bring him the letter so he can explain the procedure.

But the thing is, I don't want to remarry. 8 years of marriage led to withdrawl, I don't want to repeat the past. And I have 3 kids, I'm pretty sure no guy wants to take this responsiblity. So my other question is what will happen if judge doesn't agree with me and that he denies it? Will I be put in deportation or detention?

I am so sorry to hear about your situation. Did the immigration know why you and your husband didn't live together? Your husband couldn't live with you because of his surgery, which is a big thing, and it is a legitimate reason for not living together. I think the immigration should understand that. I even read on this website that some people who got married didn't live together but still got green card. They just explained that one of them or both were in college, so one of them or both lived in a dorm. They seemed to have done the green card without a lawyer. I was surprised to read it because all the attorneys we contacted said it'd be too risky to not live together, but every immigration officer is different, and it seems like some are really understanding.

The bad thing is that your husband withdrew, but he was threatened he might have to pay the fine or go to the jail, so if your husband really loves you and your children, he should get back to you and try again. I really hope you will find your husband and that he will be strong.

But I do agree you should get a lawyer. Have you been looking for lawyers everywhere in the US or just in your state? Immigration law is federal law so technically anyone in the USA should be able to help you through the phone, skype, etc. A lot of lawyers do long-distance help. Better to have someone in person but you've been looking for attorneys for so long already, so try everywhere. If you can't afford attorneys, there are some that do pro-bono. I don't know how strong these attorneys are, but I know pro-bono attorneys deal with deportation too, so I'd give it a try.

No we did not tell the immigration interviewer. My lawyer told me not to say it because then the immigration interview will suspect that this is a fraud marriage. Yeah I've been looking online and asking friends & relatives for lawyers specialize in this case.

Your case is not without hope, but you will need a competent attorney to file an appeal. First off, what proceedings have been undertaken after your denial? Was a finding of marriage fraud ever issued after your interview and were you ever prosecuted for it? At what stage is the current exclusion proceedings? Have you been formally notified that one has been instituted against you and your kids?

There are intricacies to your case that are not novel. A good immigration lawyer can argue that while you were not technically cohabiting with your husband at the time you filed AOS there was no dissolution of the marriage or legal separation and mere "non-viability" of marriage after [AOS] in itself is not cause for exclusion (Matter of Boromand, Interim Decision 2812). If you would have acted quickly and found an attorney after the denial (either the first or second) then an appeal could have been made based on either of those applications. Perhaps one can still be made for your second application and you would not need the cooperation of your now estranged (but still legally wedded) husband.

Do not loose hope. There is always a way around things. You just need a good attorney to represent you in the exclusion/appeal proceedings. It will be expensive but ultimately worth it.

Good luck.

I was wondering if you know how the exclusion/appeal proceedings work? What will happen if I'm granted? And what will happen if I'm not? Can you give me more information?

It sounds like a fraud marriage

Did you ecer live together

Do you have a checking or savings account with him

Do you pay him money

Does he pay any of your bills or utilities

Do you work

Yes we did live together for 1st 4 years of marriage, then separated 2 years because he was doing a surgery in VN, and then the rest of the year has been on and off because he has business in VN so he needs to travel around.

Yes, we did have a bank account together.

What do u mean by pay him money? I don't usually give him money because I spend it on bills, children, n just home supplies, and grocery.

Nope, I paid all bills n utilities. Also, all the bills n utilities are under my name not his.

Yes, I did work until 2 years ago because my EAD is not valid anymore.

A real husband will never leave his lovely wife and awesome family at the whims of ICE for deportation. You should tell the truth about your marriage. What's your husband is scared off? Maybe a $10.000 fine and a jail time..

Yes that's what he told me. My husband told me that the interviewer told him its better for him to withdraw or $10,000 fine n jail might apply to him. But you know, it hurts a lot. We had a lot of great times back then, but ever since he started the trip for health surgery & family matters in VN, everything falls apart. I was depended on him, but I can't even believe he did this to me.

Go to immigrate3US.com some attys are there , they do phone consultations

this is not a DIY case, if the marriage was not a fraud explain it to the atty

however U messed up and & U both not knowing enough about each other, there's no

way to adjust....sad for the kids mostly...so R U in a bonafide relationship now

with someone else?...lady you have to live with your husband and share bank accounts,

address and a life together...U need an atty ASAP before ICE comes calling

We are legally married, but not living together right now. I'm trying to find him. His phone & email doesn't work, so I'm trying to get his family members' phone number to see if he's really over there to take care of family matters.

And also my husband has totally abandon us after he signed to withdraw I-130 petition. Should I file divorcement? What will be the cons if I do?

How would I know if deportation started yet or not? And yes I have been looking for lawyers but they all said the same thing. I'm so sad right now. Do you guys know any lawyers who specialize with this kind of case?

Hi everyone,

I need help and if you can post your experience similar to my situation, that would be great. So I came to US with B2 visa along with my 3 kids in 2005. My relative introduced this guy to me and we got marry. After 5 months, my husband filed I-130, I-765, I-485 for me and my kids. We never receive the notice for interview so after 2 months. USCIS sent us denial letter due to failure to appear for interview and lack of prosecution. I didn't found out about this til 2008. I filed motion to reopen but it was denied because INS stated that it's not their fault that we didnt receive notice for interview. Then I try to save more money to file it again. Then my husband refiles I-130, I-765, and I-485 again in 2011. We all went to the I-485 interview, but my husband got scared by the officer because he said that the person told him that the answers didnt match and suggested him to withdraw, which he did. We got denial letter stating that "proceedings will be instituted to enforce departure. It's been 2 years now and I've been looking for lawyers to help me with my case but there's no help right now.

Can anyone help me? Or is anyone in the similar situation? Can you post your experiences?

My oldest son graduated high school a year already, but because the dad withdraw, he can't go college because we can't afford it. My second child is going to be a senior this year so I really want to finish this as soon as possible.

Extra Information: my husband and I are still married, in fact we've been married for almost 8 years. He's been in and out of US because he had to do surgery at another country and he needed to resolve family matters. He's a USC. We didn't really live together, because he was out of country most of time, our answers didnt match at the interview.

So now, what can I do now? What are my other options to adjust my status here? Please don't say things like deportion.