JVM

You did not grant her the conditional permanent residence. USCIS did. I am glad you did give her the card if it was in your posession as it is hers.

Let me clear this up. It was becasuse of my actions with immigration the green card was issued and mailed to me. I gave it to her. She has it, not me.

I do know how to handle this. I just wanted others take on what to do. I can myself cause much problems for her.

I am not so concerned about the divorce. I can handle that. She has the conditional green card I gave it to her. She can have hre divorce. I can show her intent was to use me to get the green card, immigration already suspects her for that, that is why we were denied. I faught the immigration becasue of my disibility and that is why they granted the green card, not becasuse of her and immigration's thought about her.

If I notify immigration of these facts I believe they will investigate her and deport her.

In Sept we were denied the green card, I filed motion to reconsider/reopen, but before the motion was heard wife left me, moved out, and said she was filing for divorce. We won the motion and a conditional green card was given to her. She has cut all communications with me and has attempted to file a divorce on me. What should I do. She is still on the conditional green card.

Do you mean the foreign beneficiary? The petitioner is a USC in K1s.

The foreign one is the on the american citizen got through the K-1. Then when you do the AOS I-485 it is the petitioner (the foreign one) that must sign it. A husband or wife can be allowed to represent at a motion or appeal.

I should also mention..do not make the mistake I made..the I-290B must be signed by the petitioner not the US Citizen or it will be rejected..I am speaking from experience

Yes I understand that, but thank you for your advice.

In order to have them reconsider you need to fill out a form I-290B..wait time for a decision 60-180 days..cost $585...USCIS priceless

I agree and thank you all for your assistance.

yup - agree - get an immigration attorney with experience in the 'local' scene there, for doing 'face to face' in front of an immigration judge.

Is this the same lady referred to in http://www.visajourney.com/forums/topic/100221-married-on-oct-30-marriage-lic-released-nov-20/ ??

If so, maybe is some other documents problem, stemming from that marriage certificate?

No it is not the same woman.

I have found that by doing a motion to reopen the file allows for the original officer to review any new evidence and to read the brief and make a new decision.

So I am compling evidence right now for the motion to reopen.

Can you be more specific about what happened during the interview? As has already been asked... are there any red flags in your case? Age difference?

There are red flags, but nothing that can not be explained and proven false.

It is kind of personal, but I can say it has to do with my disability and my therapy for such that lead the office to believe that our marriage was not entered for the sole purpose of an immigration benefit.

I need to provide additional evidence to support our marriage in that is not for a matter of convenience but that it is out of love.

To do this I need to file a motion to reopen the case, but I only have 30 days to file the motion. I read that I can ask for an extension, but it is up to the discretion of the USCIS. How to go about that request if you only have 9 days from the letter of denial.

The post office returned the letter to USCIS as Addressee Unknown.

But what visa was the AOS from? K-1? Tourist?

It was a K-1 Visa

Are there any red flags in your file?

What sorts of evidence of a bonafide marriage relationship did you bring to the interview?

Which visa are you adjusting from? i.e. K1 fiance, B2 tourist, etc etc

Me and my wife had our immigration I-485 denied and need to know what action to take. Our decision paper says there is no appeal of this decision, but we have the ability to renew our application before an Immigration Judge. We can file a motion to reopen/reconsider. I just need to know how do we go about these things.

Thanks

Hello everyone.

We filed the I485 and had an interview at the immigration office, but weren’t asked any questions. One day an immigration office came to our house and interviewed us. We were still in our PJs just waking up. He asked us several questions and we answered them well.

We were given a denial based on having not consummated the marriage nor cohabited as husband and wife and not held ourselves out to family and friends as such. None of this is true.

Now the notice states we can not appeal the denial decision however we have the ability to renew our application before an Immigration Officer. If we wish to file a motion to reopen and/or Reconsideration visit the USCIS website.

My questions are: If we can not file an appeal then why do the state we can have a motion and if so the decision was given 8/11/10 but until today 8/31/10 and we went to the office we never received the decision. Now if we file a motion of appeal if possible we have until 9/10/10 only 9 more days. Not much time to prepare for it.

The notice states we can renew our application before an Immigration Office. How would on go about that.

Thanks for any help. I am a very good paralegal, but don't have any experience with this.

No it has not been register. Our aunt still has the marriage certificate and we have the marriage license. We will just to the fiancee petittion. Thanks all for your help. JV

Sorry it was not the marriage application we had released but the marriage certificate and the marriage was solemnized but we did not have the marriage license yet. Artical 35(3) of the Philippine Law states following marriages shall be void from the beginning: (3) Those solemnized without license

JV

OK, I understand, There were several typo errors on my marraige certificate so I took it back to my friend in the city government where it was issued and she fixed it right up. It sounds like you forgot to pick up the license before you were married and it was dated when the aunt picked it up instead of after the ten days. I take it since it was a holiday your friend was unable to pick up the license. I thought the license could be released on the 10th day. Talk to your friend and see if she can help you ..

That is what we are trying to do, but if we can't then I will just do a fiancee petition so all is not lost.

JV

Sorry it was not the marriage application we had released but the marriage certificate and the marriage was solemnized but we did not have the marriage license yet. Artical 35(3) of the Philippine Law states following marriages shall be void from the beginning: (3) Those solemnized without license

JV

I got the application released early. We got married on Oct 29 and post dated the application for Oct 30 the date it would have been released. When our aunt went to file the papers we where given the marriage license then and it waid we can now get married within the 120 days or the marriage license is void. We are already married,

The problem is that we have the marriage license given to us later and it the date states we can get married after Nov 20 then the marriage was premature. It can not be filed. Has this ever happened to anyone or do you have any ideas how to get the date on the application or marriage license changed.

JV

I went to the Philippines to get married and arrived Oct 11. Went to the US Embassy in Cebu and got affidavit on Oct 15. Got the application filed at the clerk on Oct 18. The 10-day waiting period would have been up on Oct 29, but that was voting day so we could not get it until Oct 30. Oct 30 I was to be on a plane back to the US. We have friends in the city government and the got the application released on Oct 18 and we had a pastor perform the wedding on Oct 29. Our aunt file the paperwork and we got the marriage license on Nov 20 but it says we can now get married within the next 120 days.

The problem we have is that the marriage license needs to be dated on or before the date of the wedding Oct 30. has anyone ever dealt with this type of an issue. Any ideas.

If we can not get the date on the Marriage License changed then our wedding is void.

JV