Family

Upcoming surgery is excellent and sufficient grounds to request expedited processing TODAY. 1. Call USCIS and insist on filing expedite request based on medical hardship. 2. Google your congressman and prepare two Case authorization forms ( one for USCIS , other for DOS), a copy of your drivers license and a simple HELP plea to speed up the USCIS review and NOIR. 3. Do not be discouraged if there is pushback and “ don’t know where file is ..or you need to wait”. Follow through every 2 weeks w congressional Liason ( by email for written record) and keep calling USCIS until they actually take your expedite request).. I know you have an attorney, but an aggressive effective campaign to expedite can only be done by YOU. 4. Email the consulate a copy of your Doctors letter that mentions surgery , mention you have lodged expedite request for medical reasons with USCIS and congressman …BUT are unsure it will help unless file is located. Ask their help in confirming/ tracking “ seemingly missing file “ Tell them you have compiled extensive additional evidence of bonafide marriage and stand ready to submit such…insist you need help urgently and the delay is causing extreme hardship…( This is a bit of smoke but you want to establish record that you WILL be fighting for expedited processing and will not go away quietly).

Excellent progress! You did not give up. ..and your determination will pay off. Did you file solo or help mom also file? Was it all DIY or did you manage to get legal help? Since you did not mention any RFE , it was a job well done!

If it wasn’t for the fuzzy few details of the marriage and MIA ex wife..I would be cheering for OP to push ahead w daughter s help. But he got lucky once by not leaving the US…can’t go to that well too many times .

You can upload the denial paper..am not clear what you are describing. Better yet , take the entire FOIA and go get an attorney to sit w you and explain your next steps. There are many details about that marriage that need to be evaluated . The 245 (i) is a golden ticket..you can’t afford to risk.

You need to find the I-485 denial decision paper in the FOIA .. Yes, there is info they block out

Rift among the RICO 19 . as Trump racks up millions of $ from MAGA and others left to struggle on their own with massive legal defense costs. Trump lawyer and co-defendant Jenna Ellis says she won't support him due to his 'malignant narcissistic' tendencies I simply can't support him for elected office again," Ellis said on her showon American Family Radio, a right-wing Christian network. "Why I have chosen to distance is because of that frankly malignant narcissistic tendency to simply say that he's never done anything wrong." https://www.yahoo.com/news/trump-lawyer-co-defendant-jenna-151858094.html

I strongly recommend you find a way to hire an attorney to help you. ..it gets complicated…and it’s a legal process that can baffle even highly educated lawyers….not just a “bunch of forms “ Nonetheless here is a list of steps : 1. Do a free online FOIA to get a complete copy of your A-file / record w USCIS https://www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act **If case was denied due to abandonment ( wife not showing up) you are ok..but if they suspected sham marriage..it’s a big big problem. so you need to see a copy of the denial decision.and determine if I-485 denied only or was I-130 affected ** 2. Email to embassy can be short /simple. “ Your name, Case no., date of birth. Request to cancel IV interview and request for case transfer back to USCIS. I will not be pursuing consular process and will be adjusting status within the US” 3. Adjustment of status packet requires I-130 copy of approval ( filed by daughter) i-130 copy of approval ( by ex wife for 245(i) I-485, I-485 A, I-765, I-864 W (**get a Social Security PEBES report of earning) Perhaps someone can add VJ link to the how to I-485 sample study guide I-693 (sealed medical).

Do NOT go to DR ( or anywhere outside the US). You will not be coming back as 245 (i) only applies to adjusting status in the US. Send an email to consulate saying you want your petition /case returned to USCIS as you will be adjusting status in the US. Check your dates …for 245(i) you needed to be in US since Dec 2000 ( not 2001) as you wrote. The previous filed I-130 before April 2001 is ok..as it sounds like I-130 by that spouse was not only approvable but also approved. You should immediately file I-485 ( claim 245 (i) pay the multa , I-485 A , and if you worked and have 40 credits w SS do I-864 W ). You cannot shift blame to your daughter..this is YOUR process and YOUR decision to make. Hire an attorney if you’re not up to DIY and make sure to thank that attorney….he saved you

I am saying that because she had her own I-360 the date on her green card IS NOT tied to/ dependent on yours…so no matter if before your date. She will have no problem naturalizing . You did a good job by filing a separate I-360 for her..as it guaranteed her process independent of yours.

Your daughter does not need to return her card. Advice you received is very wrong and very skewed…ho She was a principal in her own I-360 , not a derivative of yours. Does nor matter same abuser .

Attorney is wrong and making you worry needlessly. Each of you submitted a stand-alone I-360 …so the sequence of I-485 does not matter.

Polarization, Democracy, and Political Violence in the United States: What the Research American voters are less ideologically polarized than they think they are, and that misperception is greatest for the most politically engaged people. https://carnegieendowment.org/2023/09/05/polarization-democracy-and-political-violence-in-united-states-what-research-says-pub-90457

There is only one path as outlined. A great deal of what your attorney emailed is pure bs . ..but “sounds “reasonable You can resolve things with your attorney ( without conflict) by showing them you now understand the process AND insist filing the motion ( terminate/recalender) w court is the next immediate step you want them to take. If they agree , you are all set Ask for a copy of the motion .

After 3 interviews , especially with you taking part in them, I expect you and your wife can join efforts and recreate the questions and line of questions the CO pursued. Sit down and write down as many Q and As ( verbatim ) as you can both recall. Stick to what was asked and what was answered. Sleep on it and review list a few times. Somewhere in there are clues to what the CO may have determined “issues/inconsistencies “ may exist .Now write down expanded answers , add missed details and nuances of what your relationship is ( not should be ).0 Now go bother your Congressman and ask for help in expediting the NOIR…if you have any elements of hardship to you ( petitioners ) do uses it. If a month passes by without any response, consider DIY a WOM ( writ of mandamus ..search on VJ) . I can’t justify paying $5k in legal fees but worth your efforts yo speed up the NOID.

No matter where she files , it will do nothing for your case. Once you understand it cannot be filed or feed in w court while admin closed…then you also understand juggling USCIS initial acceptance rill only result in no jurisdiction hold.. Just do yourself a favor and talk to a few other attorneys AND insist ALL you want NOW is to file motion with the court .. Your attorney is doing a song and dance …and lacks hands on volume expertise. @Verrou has experience getting her own reluctant attorney to do it, hopefully she also chimes in

Here is a possible reply to that email; Dear Attorney; It sounds like the I-485 you filed with USCIS has been rejected for lack of jurisdiction. Since Court will not allow my I-485 to be either filed or feed in, while my case is administratively closed , theirs is indeed nothing to do but wait in that respect. I do not wish to wait any longer to pursue what I understand is the only method that will move the court to take action . We need to file a Motion to Recalendar/ Motion to Terminate with the court asap. .,based on my already approved I-360 and the presumption that ICE will not oppose , as I am not a removal priority. As I have learned we will either get a hearing date or Motion to Terminate may be granted without one. Since my goal is to get proceedings terminated asap, I anticipate re filing I-485 w USCIS after and will not be seeking to adjust in court. I am sure you can reach out to OPLA to see if they will join , but even if they do not respond we can state the motion will likely be unopposed. @Demise will have great hands on insights BUT you must keep pressure for motion to be filed.

Advantage Defense in new Georgia election fraud case. First trial of the 2 will give other 17 a peek at prosecution’s witness testimony/ evidence . ..so we can expect some well prepped cross. This ruling "was a big win for Trump and the other defendants," Neama Rahmani, former federal prosecutor, told Salon. "They'll get a preview of the witness testimony before they are tried and will be able to more effectively prepare for cross-examination and rebutting the prosecution's arguments." Rahmani also said it was a loss for federal special counsel Jack Smith as well as for Willis, and speculated that Smith might wonder "why Willis took a 'kitchen sink' approach instead of the more targeted strategy that he did, charging only Trump." https://www.salon.com/2023/09/15/could-spell-doom-for-trump-experts-on-why-fani-willis-first-trial-is-a-big-deal/

A bit of break from conflict ,,I let’s see how others manage political scandals Bogota, Colombia – Illegal wiretapping, stolen cash, expletive-laden leaked audio messages, allegations of campaign finance violations and two of his closest political allies sacked — the past week has been a rough one for Colombian President Gustavo Petro. https://www.aljazeera.com/news/2023/6/7/wiretapping-scandal-thrusts-colombian-government-into-crisis

Because the I-213 is deficient ( has short narrative stating he is removed ) but is missing section of law ..I would ask attorney to tackle it head on . Basically he sends /emails consulate arguing husband is not inadmissible and asking for written decision of CO review Re I-213 and ER ban. Also have attorneys email LegalNet , for an advisory opinion.

When you speak w your attorney ( or consult new ones) tell them you need them to file Motion to Re-Calendar /Motion to Terminate with the court NOW, based on approved I-360. The I-485 filed w USCIS will just be put on hold for lack of jurisdiction..but will come in handy after your court proceedings are terminated.

Your lawyer is right and nothing you could have done prior to the interview and a finding of inadmissibility. ER ( expedited removal) would mean a 5 year ban ban from date his crew visa cancelled and notes . Are you within the 5 years . ? When will the 5 years be up? I-213 is just one page ..Who paid for airline ticket ..husband or US government? If the 5 years are not up ..then file I-212 . .. You cannot file I-601 without the consulate visa refusal sheet that shows he is eligible and it is requested. Likely it will NOT be needed..unless they dig up some misrepresentation/fraud in his file ( original D visa app..prior visa violations ) Your chooses are limite to filing a WOM ..( you can DIY) or pleading with your congressman weekly ( not helpful in this scenario)

Trump civil fraud trial in New York will last nearly three months, judge says Judge Arthur Engoron said in an order that the bench trial, set to begin on Oct. 2, is not expected to wrap up until Dec. 22 The Manhattan trial will be a bench trial, meaning there's no jury and the case will be decided by the judge. Engoron said he'll hear the case five days a week. James' office will have 90 minutes for an opening statement, while the Trumps will have two hours, the judge said. https://www.nbcnews.com/politics/donald-trump/donald-trumps-new-york-fraud-trial-will-last-nearly-3-months-judge-rcna104100 First trial in New York set to start October . A bench trial ( no jury) with a very tough judge . Why no jury ? According to some, due to a big mistake by early defense team (Alina) ..she failed to timely file .

Another powerful player of inner circle calls out the lies : https://www.cnn.com/2023/09/13/politics/milley-cnn-interview-trump-iran/index.html Milley disputes claim he recommended Trump attack Iran Milley, an Army general who is retiring at the end of the month as the nation’s top military officer, was Trump’s chairman of the Joint Chiefs during the final 16 months of his time in office. He had an outsized role in some of the most consequential events of Trump’s presidency, including the response to the Black Lives Matter protests in 2020 and actions he took after January 6, 2001, when he was concerned that Trump could go “rogue.”

That’s funny..very American . but I don’t think he was announcing a Power Nap 😂 Lyndon B. Johnson