Henrison

12 minutes ago, Yan yan said:

You could've asked for help here in VJ with that question. I'm sure they wouldn't misguide you 

I just didn't know I was in the wrong until the last interview that's why. 

4 minutes ago, Yan yan said:

I know exactly where on the application states such. I'm hoping that whatever we put doesn't come back to haunt us. I'm hoping for the best for ourselves as well as hoping the best for you. I hope you never get that letter😃 and get that time to get ur wife naturalized 

Haha I know right ? I love this country but I can't be without my family we going to do everything posible to remain in this wonderful nation however if that doesn't work out we might move to Canada I have family and friends there.

On 2/14/2021 at 9:33 PM, Yan yan said:

Ohhh I read that post first when I just got the email earlier today, I didn't check the date as to when it was submitted. I'm not in any better position than that person, it's because of COVID why my spouse hasn't gotten naturalized yet. I just didn't want the case to be forgotten, as I was eagerly awaiting his naturalization but I guess I panicked when both consultants told me I need to put the docs in.. I sincerely hope if I am to get my SSN and EAD, by the time of the interview he will be naturalized. 

Hi. I'm the person on that post and until today I'm still waiting on the letter and my wife is applying for her naturalization... however now we having issues because the application is asking for my immigration info and we don't really know what to put in so we scheduled a appointment with a attorney and see how does that goes...best of lucky for you 

5 minutes ago, Boiler said:

Sounds like you may have bigger issues.

 

Anyway I used the VWP to visit the US many times and was totally aware of what I could and could not do. Staying 15 years is not one of them.

 

I have also visited Portugal many times and no doubt paid a lot of taxes but do not understand what rights that should give me.

 

Obviously none of us were parties to whatever discussions you had with Lawyers, I find it very hard to believe even an incompetent Immigration Lawyer would not point out that somebody out of status can not adjust through marriage to a LPR.

Hi I'm glad you visited my country and about that I know that if you're a legal tax payer over there are 2 main advantages 1# 100% education free and free health care system plus all the benefits of 22 days paid vacation in any job as mandatory and not an option. For sure the life style is not even near as good as the US. Now in other hand paying taxes gives you exactly 0 benefits as far as I know since I never applied for no public benefits.

6 minutes ago, Villanelle said:

In NC you can find an attny by using the bar association referral website tool here- https://www.ncbar.org/public-resources/find-an-nc-lawyer/

 

there is also- https://charlottelegaladvocacy.org/immigration/ and https://refugees.org/legal-services/ which serve different parts of the state. 

 

Many people are also able to get help through Catholic Charites for pro bono help. 

 

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Now I dont know Lucky Cat outside of the forums, but yes they are typically straightforward and always honest. Its not their fault the straightforward info they are giving you is negative. None of the issues you are having are because of current or new changes to the law. It seems you unfortunately got bad/incorrect advice from attnys either because they did not understand the entirety of your situation or were incompetent. Added to that it seems the USCIS system incorrectly allowed your case to move forward in error. That sometimes happens. I think the quote Lucky Cat has posted under their comments is applicable here- and we can all sympathize with your heartbreak. (if you are on mobile you may not see it) "The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."-GB, "old man of much life experience"

 

I appreciate your help, and yes unfortunately I was a victim of bad attorneys and one at least knew us very closely and knew our situation but at this moment I got to look forward for solutions and not looking for faults. I'm glad that people like you came across this forum to help me. 

32 minutes ago, Villanelle said:

Most countries have or participate in reciprocal tax agreements. You can find such information at SSA or the similar agency in your home country. With the exception of a few (like North Korea)  most countries allow or have some sort of provision where they can count your credits earned towards your retirement benefits. Its not an issue discussed on VJ that often as it only impacts those at retirement age and generally those immigrating tend to be young or the opposite- elderly parents/relatives who do not plan on working once relocated. 

 

You can probably find information about this topic discussed by those on H1B work visas as they tend to spend years working in the US earning SS credits before returning home. They are usually able to use those credits back home or vice versa- if they came here after working significantly in their home country. The SSA regulations on this are a bit complex and while they do provide general guidance you may need to speak to a retirement planner type person (or the equivalent of the SSA in your country) about how exactly you can claim such credits. I would suggest if you do decide to leave the US that you obtain your SSA earning statements before  you do and make copies of the US tax returns you have filed. Its always easier to gather documents in advance (now) when you can easily access them then to wait 5-10 years and try to get copies from outside the US.

 

Im not going to address the negative comments made about the immigration process- I attribute it to being one of those things people say out of anger or frustration- most likely the comments were out of disappointment and I can understand the disappointment the OP is feeling. The system isnt perfect and Im sure 99% if not 100% of us would all love if it was speedier and more like the DMV where you can walk in with your package and walk out with your GC, but thats not how it is. Any general ranting about the process should be done in the appropriate format and the focus on this thread should be discussing how this can possibly be fixed and what can be expected to happen next.

 

On a side note I have no idea how the OP made it so far into the process when it seems he was clearly not eligible. It could have been something on the form was not filled out correctly so the computer system allowed it through. It could be someone manually let it through because based on how long the wife has been an LPR they assumed citizenship was in process for her (?) 

 

 

 

 

Thank you for the constructive and informative comment it helps a lot because I didn't know about the tax situation. In my head it was all over with all my contributions and retirement to IRS. About the second part no one knows exactly how it got this far other than saying it could had been a "Glitch" and skipped through the locked box . Because even the Agent said packaged was correctly filled and me and my wife asked then if was filled correctly and was not under the Bars of law for an adjustment why wasn't denied in first place ? And he said I don't know. Since the interview I been looking for solutions outside of US and in here is one of the only Countries in the world where the system is so complex that not even immigration officers many times don't know exactly the law because of the constant changes and so on goes with the Lawyers where if you missed the "news" could be a difference between become legal or being deported. 

22 minutes ago, Villanelle said:

From my understanding of the denial process in general- the Officer/local office has a bit of leeway in deciding whether or not to send a denied 485 case to removal proceedings and if so at what speed. The overall policy is pretty straightforward about how denied cases need/should be sent/entered into the court system and HRQX described in detail the bits about how being a VWP impacts such (ie does not need to go to removal instead can be directly deemed deportable).

 

Based on what was posted by the OP it would appear the Officer suggested he would 'hold' the file at this time (ie not forward it to removal/deportation) as a courtesy to give the couple a chance to get her citizenship sorted. If so the OP should expect to receive the standard denial letter which includes wording of 'you must leave in X days as you have no status etc etc'. There will be no official statement that the file is being held as a courtesy and no one will give you such a confirmation. The best metaphor I can use (which is probably inappropriate since it refers to garbage -sorry its all I can come up with now ) is to compare it to when you delete a file on your computer. It goes to the recycle bin. Its been deleted but its still 'there'. Its only when you empty the trash can that its actually deleted from your computer. So when you are denied your case goes to the recycle bin of sorts. It sits in their system in a temporary fashion waiting to be permanently deleted (sent to court for removal or directly to deportation if you are VWP and not entitled to court). Your case can end up sitting waiting for the permanent action to occur for a very long time or it can be quick. Typically cases that are denied are held for a minimal period in case an appeal is filed but again they can hold it longer if they choose to. So it sounds like the Officer was saying he is going to hold the denial from moving forward- for how long? Thats unknown. It would depend on the Officer and the local offices internal policies about how many cases they 'hold' after denial and for how long. Again no one will give you any official documentation or verification of a denied case being held as a courtesy and if it is being held as such no promise of how long it will be held as such. 

 

As others have mentioned the best course of action right now is to get the wife citizenship asap so the husband has a valid path to immigrate. They can also file an appeal (even though the denial will state an appeal can not be filed and they dont actually have a valid basis to appeal). They should speak to an EXPERIENCED attny about doing such. Filing an appeal would 'reopen' his current AOS filing making his EAD valid once more and the appeals process can take 3-6-9 months depending on how its filed. This would place him back into authorized stay for a while. The appeal will cost a bit of money in filing and attny fees and I would encourage them if attempting to do such to use an attny to file it. Filing baseless appeals is not only frowned upon but can hurt your case overall so its important to use an attny to help you with such. Theres a fine line between filing frivolously just to extend benefits and filing a legitimate appeal challenging/questioning the denial (which would most likely be denied but is none the less allowed to be filed and run its course). 

 

Thank you so much for sharing your knowledge and yes at this moment all hopes goes straight to what's the letter would say but if odds are not in my favor I'm preparing my self and my family to move all together back home, I know after for so many years I called US my home and my loved country but the law its the law and I understand. However my almost 15 years of paid taxes and all what that I provided to this country won't be no "Refund" and that is what it's called a Broken immigration system where no other first world country would let this happened for so many years instead when an immigrated person puts together their documents if they don't match the requirements for the country they simplify and since the beginning say no and go home... 

5 minutes ago, Ed&Midori1031 said:

I am sorry that it is happened with you and I hope you can get it worked out.

Thank you and im going thought a lot at this moments grand parents just passed way from Covid and more family members are in hospital with the same virus just to top it off this immigration situation that I was not ready or never thought would happen to me specifically when I checked with multiple law experts.😔

3 minutes ago, Lemonslice said:

Since you can't work right now, you'll be able to take care of the kids while she works on her English skills, at work, or at school.

Best of luck to your family. 

 

 

For sure, i don't want to leave my family and specially the little one that only knows me as the only Dad and for me my baby boy... Thank you 

7 minutes ago, Timona said:

 

Dude, then I don't understand what she's freaking out about.  I believe USCIS only asks 10 questions of which you need to answer 6/7 right.

File N400 online this week. As stated,  NC if fast. You may be lucky. 

she's for Sure is doing that right this week because of the circumstances, mistakes happened and i trusted Lawyers more than i should when all of them gave me a green light to process with the filling with my wife being a LPR. IT really makes me sad they even Charged me for consultations services that were not accurate and 2 of them were actually "experienced lawyers" 

Just now, Mollie09 said:

To be clear, no she wasn't. She became a permanent resident when she entered the US with the immigrant visa. This distinction is important.

Very good Point , Obrigado Brother from Brazil.

3 minutes ago, Dashinka said:

Focus on getting the N400 submitted, she can do the studying later.  I am not sure if you mentioned, how long has your wife been an LPR?

Since 2008 she's been a LPR 

4 minutes ago, Boiler said:

A bit of a guess as there seem to be language issues all round, sounds like what they want to see is the NoA for the N400?

That's her only issue basically but has the knowledge to pass the exam .

2 minutes ago, lucardo3 said:

How did she obtain her GC 

Though marriage to a US citizen and approved before coming to US. In other words she was already a GC holder before coming to the US for the first time .

3 minutes ago, Dashinka said:

How soon before she actually submits the N400?

In our local offices (Charlotte NC) we know people during pandemic time getting their naturalization approved within 5 months ,so if its the only chance for me we're thinking if it's a good idea to apply within this week, study and practice as much as possible for the day of the test and interview .

1 minute ago, Dashinka said:

Hopefully you are focusing on getting the N400 submitted for your wife ASAP.  I am not sure all the timing will work out, but that is early your only option right now.  She should start familiarizing herself with the interview process and questions.  Beyond that it is hard to say if you will actually end up in removal proceedings as I am not sure that is a decision the IO can actually make.

Yes she's taking the cases and studying and the 2 times we did a simulation test she got I would say at least 90% of the questions correct out of the 128. Like I said before her biggest fear is the in-person questions with the immigration officer. 

2 minutes ago, Lucky Cat said:

The law and the conditions by which you entered the US are quite clear.  

Even that is very clear but I believe that everything is posible and want to stay positive all the way until the end and believe that even immigration decisions can be made with a heart in hands like it happened before with people in worse conditions than mine... but thank you for your support and making me understand the risks. 

3 minutes ago, Dashinka said:

I don't fully understand the part about giving you a chance "with a letter sent within 2 weeks"?  Was there any more context with that comment?

I believe he said that when we mention that my wife was learning the question for her naturalization and only reason why she didnt take the step yet was because she gets really nervous when is the time to reply in English.

4 minutes ago, Lucky Cat said:

He has no control over that.  "good behavior" is irrelevant. You have no chance for appeal.  

So you making me a understand that a rapist or a killer has the same attention ?

5 minutes ago, davidvs said:

Agreed it is very risky and and they need to consult a good lawyer. Actually, I would consult a couple to get multiple opinions.

 

 

Hi everyone.  Following what the Agent told me almost at the end of the interview he said:will give a me chance with a letter sent within 2 weeks and won't put me in removal processing neither send me to court just because my excellent good behavior and moral during all this years. 

8 minutes ago, INF said:

You should absolutely get a lawyer at this point. Top dollar to that lawyer because he is your best chance. Sometimes you can just pay 100 dollars to them to get their opinion! It’s called a consultations. I have found them extremely helpful! 

The sadness Part is that I did consult my case/situation with an institution and 2 different lawyers too and all said it was OK to proceed for adjustment of status.

1 minute ago, Timona said:

 

I'll suggest she applies online. Faster to get a receipt that way.

 

What state and town are you in?

Charlotte NC .
Apparently naturalizations are getting done fast in here , we have 2 friends that got their citizenship in 6 months ...

Just now, milimelo said:

She’s not going to become a citizen in 8 months. There are thousands of cases currently waiting naturalization and due to COVID and while USCIS wasn’t doing any interviews they just piled up. 
Sounds like wife’s been here for a long time. Why didn’t she learn English by now? Especially staying home with kids. 

she's stopped working since local schools sent students home before that she's been always working, about the English situation she does understand it , she just gets really nervous to reply.

Thank you for your Help on the fast Replies... as i'm talking with my Wife Right now she's taking the decision to apply for citizenship even with her broken English... so if she becomes a US citizen Within 8 months "hopefully " can i become a Green Card Holder without leaving the Country ?

2 minutes ago, Lucky Cat said:

This is one case when attorney would been beneficial.  A competent lawyer would have told you that you were ineligible to adjust.

That's the Issue with Lawyers in my City because even when the organization that helped me to fill I130 should had told me that...