michellefor

I think your main issue now is what did you indicate on your document when you apply for your 10 years Green Card? Did you put the marriage status under your first husband or second husband? That's the main issue and key if you are in the risk of renewing your GC.

Hi,

I am a newbie and I am not sure where to post this. I'm an Asian and divorced. I have been in the States for almost 20 years. I came over on a spousal visa. My (USC) petitioner was a military. He and I were only together for more than a year after I arrived. We agreed to divorce after he caught me cheating on him. He initiated the divorce and while it was on process, I disappeared, worked as an "escort" until I decided to quit and settle down with one of my "clients". When we met, I told him I was "divorced" when in fact I wasn't. We decided to get "married", had a child but later on we split after he found out that I was not actually divorced, and that I would still have communication with my first husband. My second "marriage" was null-and-void 12 years ago and I was called a bigamist and all kinds of names. In the decree, It clearly states that my name was "reversed back to my original name", which was the petitioner's last name but I never followed the order. My GC is on my second marriage's name and I am still using the guy's last name until now. I was asked to change it in all my identifications and docs, and was demanded to stop using it by him and his family but I never did for I am afraid that if I do so, I somehow will get in trouble with immigration. I was told before that I cannot renew my Green Card due to the fact that I was never divorced from my petitioner and yet I am using a different last name. That this would trigger a red flag on my part. Is that true??? I've also never applied for citizenship for the same reason. All that to say, will I get deported? If so, how, when and why? Or can I just go back to my original married name without facing any problem? If I renew my GC and/or decide to apply for naturalization, which name should I go with? Lastly, what is going to happen if my Green Card expires? My petitioner's last name is Murphy but I am using Smith and my maiden name is Soche. I am lost. Please advise.

Thanks!

US laws allows the parents of a USC to adjust status once they are in the US. You are wrong. This is your opinion based on a lack of knowledge (and inability to use Google). Learn to use Google before posting your opinion as the law.

YES , as long you you file the I485 before the I94 expired , your parents will be no problem to adjust status in US. My friend filed for her parents last year and both got approved.

No worries. Bring your Canada ID/DL with you if it's not expired.

Thanks for sharing your story. You surely will get your GC without any problem since you have kid and this marriage is real.

Her EAD will become invalid once you file the Divorce. She might become out of status when you file the divorce. But check those two website may help you to the idea of what it might be happened to your wife of her status.

http://www.avvo.com/legal-answers/what-happens-if-my-wife-gets-a-divorce-or-annuls-t-884684.html

http://www.legallanguage.com/legal-articles/divorce-immigration/

I think you would be fine. You should get approved in 3 business days. You can see my timeline that I had interview on Friday morning and got it approved next 3 business days. Check your status later today you might get it approved the same day or early next week like me. GOOD LUCK.

Thanks! He received his combo card today. He was energized ;-)

Glad to hear the good news. Way to go!

Thank you for this response!!! I'm curious if his passport was necessary? All of my important documents were lost in a moving fiasco... and I don't have my green card OR my passport from my country of citizenship. It's all a big mess...

And what did you do afterwards? Did you apply for fiance visa? Or get married and do the CR-1?

As you know that the F2A you have to wait until the PD is current and the waiting time is around 2-3 years. Our lawyer asked us to apply the I130 based the F2A first and it was approved in 2 months.. As soon as my husband got his citizenship I applied the I485 to adjust the status simply providing the I130 NOA receipt number and the case will automatically go to IR to be current. That's how we did and it runs without any problem.

Since you have applied I 90 for almost 5 months, I think it should be find you just submit N400 with your NOA receipt number ,but my concern is you will need your copy of passport when you submit your N400 . You may also mail your copy of passport later when USCIS sent you RFE.

thank you so much for the response! My green card was expiring, AND I was replacing it because it was lost.. So I don't know if I can apply for citizenship since while I'm waiting for it to renew it has now expired..I'm also worried about applying for citizenship prior to obtaining my green card in case my green card renewal is denied for any reason.. as anyone had any experience with this by any chance? Should I apply for my citizenship even though my green card renewal and replacement hasn't come through?

My husband had the same situation as you, that he lost his green card. But the waiting time to get the new Green card is up to 6-7 months . That's how his lawyer told him to do his citizenship . He went to the USCIS local office to stamp the I551 on his passport , with this stamp you can prove that you are the LPR if your GC got lost. He simply applied for N400 with the stamp I551 and also the USCIS NOA receipt number for your I90. Luckily he got his citizenship within 4.5 months. So go ahead to apply for your N400 citizenship.

The IO will be going to ask you a lots of questions since you and your wife are only together for 6 months and you were here as B1/B2 they will be giving you some hard time but as long as you can prove you guys are in real marriage and love each other that shouldn't be a problem for getting a Green Card. The other thing you should concern is you will have to apply for I864 the affidavit of support , If the petitioning sponsor does not meet the income requirements,then you might have to find a joint sponsor if she can't.

Hi there!

I am a French citizen living on London and I am planning on applying for the Working Holiday Visa to Canada. The thing is, before going to Canada I am planning on staying in the US for around 2 months to visit a friend. Basically, my question is, would it be ok for me to buy a one-way ticket from London - USA (entering the US on the visa waiver program) and then a ticket for USA-Montreal to depart two months after I arrive in the states? I would plan on staying in Canada for the two years to work but I won't have a job there until I arrive and start looking for one, thus looking like I have even less intent on leaving the States even though I actually do want to leave! I also won't have a return ticket to London since airlines don't sell tickets two years in advance! Do you think US immigration will give me a hard time over this?

Thanks for the help!

Simple provide the air ,bus , or train ticket ,the way you will be leaving US for Canada if you only have one way ticket to US.

I think you can go online purchase the ticket 2 months in advance and later you just go cancel or change the schedule.

Yesterday we were notified that the Advanced Parole was approved and that Mohamed's Employment Authorization Document was being created! :-) We were tickled.

wow. congrats.

Did you go online to check the update by using your receipt number?

maxww

Yes, but there's nothing updated. Only says the Nebraska Service Center received my fingerprint fee...

Base on the filer May ,2014 should be getting their Green Card or ready for interview by now if you don't have any RFE requestment, perhaps you should go make an appointment via InfoPass. Just simply go to USCIS website for that.

No. We were told first that we should hear something by January 24th but the last time Mohamed called they told him to wait until at least January 24th.

GOOD LUCK to you. At least you have filed the RFE the last day before the expired date and you have done your best.

Where's this thread? I filed in the end of May 2014, got my EAD card but nothing else. No interview waiver... no interview notice either...

Did you go online to check the update by using your receipt number?

We are still waiting for EAD and AP. No news.

Did you get any update for your I864 RFE?

As long as she is still in the US , there is no need to submit the waiver. Her son/daughter should file the I130 for her ,not the mother, and she files the

I 485 AOS with the proof of entered legally. She will be fine as long as she is still in the country.

NO He has 10 years visa doesn't mean he can stay in US for 10 years , the custom will stamp the expired date on his visa and he has to leave the country before that date. He will become the overstay visa during the time he waits for the F2B category to be current and it takes at least 7 years and up..... Some categories are not allowed the overstay visa and it's gonna be a lots of issues to be solved then.

I have received my Green Card today

I want to say thank you guys for all your support and prayers!You're all are amazing!!!

WOW...Congrats. Welcome to the Club!!

I am not over 180 days - it's about 90 days actually. I'm Returning this month to reapply for F-1.

that's the good news that you only overstayed 90 days...as You will not be subject to a time bar on reentering the U.S., because your overstay did not last more than 180 days. You just have to make sure that you have proof of your date of departure to prove that your brief overstay shouldn’t trigger a time bar , and also your marriage story for why you overstay your visa....

No, my wife refused to file a change of status for me because our marriage ended before we could file all the paperwork. So I never filed that and I'm an out of status F-1. I went out of status in August, but we stayed together until October, and now I'm trying to go back to school because our marriage didn't work.

I cannot file for change of status because my wife will not sponsor me, right?

OK. Got it. Since you have outstay your visa so now you are facing a 3 year bar by overstayed more than 180 days and less than 1 year. I don't know how long you have overstayed your visa , if less than 1 year then you are not allowed to re-entry US for 3 years. You can also file I601 waver in your country if you are going to apply another visa but it's not guarantee that they will accept your application as you have to give them a good reason why you overstay your visa ,perhaps your marriage situation is a good reason for that. Good Luck.

btw, don't overy stay over 1 year you will face a 10 year bar.

I am an F-1 student whose SEVIS record was terminated a few months ago. I let myself go out of status because I got married and thought my wife would get me a green card. Well, it didn't work, and now I want to go back to school. My school readmitted me, but I can't do reinstatement because I can't afford to wait. So I need to go back to my home country to get a new F-1.

I was told to bring evidence of my marriage and that it was genuine, but I can't really do that. I was told that I might not be able to get my F-1 because I terminated my original status.

What are the chances this would happen? Does it seem likely? Thanks.

Do you mean that your I485 was denied by USCIS? I don't know what is the reason they have denied your I485 but it will very hard to get your F1 visa if you leave the US since you have out of status your F1 visa. I would suggest to ask a lawyer to see if there is anyway that you can re-submit your I485 if you are the spouse of US citizen. Just don't leave the country otherwise it will make the whole situation very complicated.

thanks.Still dont have a tracking num.did they sent urs?

You should be able to get the tracking number the early morning tomorrow. Congrats.

Thank you.She was going harsh and nice at the same time.We didnt had much proof,if she would want to screw us she would,but she didnt.And put on card production right away.Im still in shock and cannot believe that

I think Thanksgiving is coming and she didn't want to give you the hard time.

HAHA....you will be feeling MORE emotional when you see the actual card.

My appointment was 10:45,but we wasn't called until 12:40.We've got in.Our lady told us to take an oath.he asked how we met?If we have kids,Plans for christmas,if we r planning to have kids in a future.Asked if we have kids from previous relationships,their names.How I came here and what airport Ive arrived.If my husband likes food from my country and who is cooking in the house.All supporting documentation.I brought some reciepts and she didnt want to look at them.She looked at photo album,affidavits of friends,post cards.Took my I-94.EAD.Looked at my passport.And explained how to do ROC.Asked if we have anything else,i said.She said she will approve and gonna put my case on production right now.She said you guys are probably hungry and gave us chocolate))).We got out in 1:40.She walked us out and said congratulations.

Congrats. You got a very nice IO , Happy Thanksgiving !

Already interviewed friends or anyone who might know,

If you applied for I -130 and I-765, and you're going for I-485 interview; do you have to go with just I-485 application form and documents, or everything including forms I-130 and I-765?

Take everything with you including the your EAD card as IO will ask you to give him/she the EAD card. Make sure you have take everything with you just in case they ask you something but you say you didn't bring with you that might have cause the delay of your GC application.

IO might also ask when you submit your I130 , or if you have submit I765 even you have already done those.