alozor

hi guys

quick one

can i file for removal of status after being a year out of status? the reason i was is that my i-751 was rejected because my ex lawyer filed that i was divorced when in fact we were separated. therefore my case was denied.

we both live in CA and my divorce was finalized recently and i'm ready to file again...

Ali,

you probably could divorce in your wife's state without even going there. Better yet, make your wife file, why not, she hopefully is better off financially than you. You did a good job researching your immigration situation online (lately), do the same for divorce. You have to take care of this urgently.

As for how long you will have to present the divorce decree to USCIS - it depends on whether you file at NSC (fast) or VSC (slower). Where you file depends on where you live. I would not count on 8-10 months though.

I do not think you can sort this out by applying for citizenship. Get a lawyer to go with you to Immigration court at least.

thanks for the advice. my job situation will get better then and i will get a lawyer.

thank you patrick808

i would rather hire a lawyer. its not so much about the money but the fact that i am jobless right now.

like a lot of people...

Not like a a lot of people as you can't use public assistance. Have you considered returning home?

What's your future here?

Doesn't sound like you had much of a relationship from the very beginning!

dude, if i wanted to return home or even considering that i wouldn't waste my time on this forum.

PLUS you don't know me or what my life is here so don't make any assumption.

thank you

if i refer to that memo i can file for waiver without providing divorce decree with the application.

i have 8 to 10 months to get it. right?

if i do so and get extension, in october 2010 it will my 5th year as a P Resident.

am i eligible for citizenship? if yes should i apply or wait for i-751 response.

thank you patrick808

i would rather hire a lawyer. its not so much about the money but the fact that i am jobless right now.

like a lot of people...

if my case wasn't complicated i wouldn't be posting here... lol. but mine is very very complicated.

ill try to make it simple:

moved to san diego CA july 2004

got married nov 2004

got 2 year GC oct 2005

separate with my wife dec 2006. have not spoke to her since she cheated and had another baby with the dude.

apply for waiver i-751 on sep 2007 based on good faith marriage but ended because of abuse.

got biometrics on jan 2008

march 2008 moved to florida. filed a-11 to change address.

nov 2008 i receive a letter stating that my app is denied due to failure to appear for interview ( i never received the appointment letter so i never show up)

shortly after i hired a lawyer who advise me to reapply for i-751. told him i was still married.

feb 2009 he file a new i-751 i let him took care of it and did bother too much. thats why i paid him to do right?

march 2009 received NOA extension letter.

july 2009 i moved back to san diego. 2 months later i got pulled over by cop for expired tag (wasn't my car). later on ICE officers

came to me and held me in custody because of status termination due to i-751 of nov 2008. told i reapplied but they didn't care.

they transfered me to eloy detention facility in AZ where i stayed 2 months. got my sh*t together and IMM judge dismissed my case.

oct 5 2009 i got released. lost my jobs in CA so went back to Miami to stay at a friend house.

nov 2009 received appointment letter for interview in Miami field office.

nov 18 2009. go to the interview alone. officer ask for divorce decree. said i m not divorced. my lawyer filed for "divorced" waiver.

officer couldn't approve my petition and told me it would be denied. he took my expired GC.

i'm still waiting on denial letter.

coincidently, my wife contacted me after 3 years to ask for divorce. i said i'll file for it. she is still in CA

since then i have made a lot of research and got more answers that my lawyer ever did. thanx to this forum.

now i realize that my lawyer did'nt specify that i needed to be divorce to file for waiver. let alone filing without divorce decree.

what should i do? i will have no status soon. i lost my job and i'm looking for one.

i can re-file but i need a divorce decree. i won't hire a lawyer this time 1: because i can't afford it 2: after what happened i realized that i could have done a better job myself with the right source of infos.

should i go back to CA to divorce my wife? i dont have FL drivers license or state ID. i don't think i'm eligible to file in FL

thank you if have read this entire post. i have been through a lot. denied twice, in custody for 2 months in the middle of nowhere, spent lots of time & money...

i don't expect someone to come up with a miracle solution but any type of advice will be appreciated.

I am very sorry, I wish I was wrong in this case.

I will try to think about your situation... apart from not having the divorce, was the officer satisfied with your evidence of bona fide marriage?

well i answered all his questions.

he asked me why we split, name of her parents, date of birth of her and her daughter, where we got married etc...

i couldnt tell if he was satisfied or not but i gave him honest answers.

came back from interview.

unfortunately, rika60607 was right.

my lawyer file a waiver and stated that i was divorced (which i didnt know he did).

since i'm not divorce the officer wasn't able to approve my petition. i will then get a denial letter.

i contacted my wife and she wants to divorce amicably.

now i have 2 options:

apply again for waiver and get divorce at the same time and wait to get divorce decree.

wait for court hearing and convince the judge that he needs to re-open my file because the divorce is in process (very risky)

that will may be the third i-175 petition that i apply for

(first one was lost in mail: so failure to appear. petition denied)

also they kept my expired green card which i expected.

8 weeks in detention center by mistake of ICE officer can not influence your case negatively.

Do you understand that you need a divorce ASAP if you want to have a chance to successfully remove conditions?

A recent memorandum issued by Donald Neufeld changed this policy.i can file either a joint petition or a waiver post separation but prior to divorce.

anyway, my interview is in less than 2 days now...

i only have joint bank accounts statements... she has everything else.

i know it dont look good. besides, i spent 8 weeks in a detention center in arizona because ICE officer concluded that my case wasn't current anymore when in fact it was. the immigration judge eventually dismissed my case and i got released. my i-751 got denied the first time because i never received the appointment letter so i did not show up at the interview. i re-applied last year with a lawyer and got a new extension.

what a pain!!!!

hi

i have an interview nov 18 2009 for removal of conditional status.

i married my wife in 2004. after 2 years our relationship was in turmoil so we decide to take a needed break from each other. i moved to a friend for a little while.

a few weeks later i received a phone call from a friend in indiana who tell me that my wife is pregnant from a guy she met at a bar.

asked him how he know it and told me that she called him. she decide to stay with this guy. that was basically the end of our relationship. meanwhile i file for i-751 with a lawyer. of course she didnt sign the petition and she's not gonna show up at the int. she kept most of my stuff and i was left high and dry. all the evidence i have is copies of the 2 joints bank accounts we had.

i know each case is unique and mine is complicated but anybody who was in a similar situation maybe...

me and my wife havnt talk to each other for the past 2+ years. but i want to divorce her soon.

need some advice.

They often will give you trouble with anything less than actual valid GC, that is if you are trying to board at a small airport.

But CDG should be fine!

Did you travel through another airport last time?

yes it was with united

this time with american airlines

btw, it happenend at cdg ladt year

sorry thought u were askin about airline

anyway it was in CDG last year

and its CDG this year too

They often will give you trouble with anything less than actual valid GC, that is if you are trying to board at a small airport.

But CDG should be fine!

Did you travel through another airport last time?

yes it was with united

this time with american airlines

btw, it happenend at cdg ladt year

You could try contacting the TSA (Transportation Security Administration) at https://contact.tsa.dhs.gov/DynaForm.aspx?FormID=60 and ask them if they can point you to an external document that you can print off which shows what the NOA is for.

thank you

i just sent a request for that

lets see what happens

My husband was able to get a stamp in his passport even though he also has the NOA. You might go to an infopass appointment to explain what happened in the past, and they might just give you the stamp.

problem is im in france right now. so i cant do that

I think this is really strange. I ve known people who traveled on the extension letter n came back to US with no problems. Did u make an info pass to get ur passport stamped.? Mayb that would be better

No i didnt

Usually u ask for a stamp when the extension letter expired and u didnt receive the new green card

Because the office is still processing ur case

I travelled only 3 months after receiving my extension letter

hi

gonna try to be clear as best as i can

my conditional green card expired oct 10th 2007

applied for i-751, got the one year extension noa, did the biometrics.

travelled to my home country (france) for a month with my expired green card and noa

the day i was to return back to the us, the airline (united) didnt let me board because they say i didnt have valid papers to prove my resident status and that needed a transportation letter

told them that a transportation letter is for lost/stolen GC and that my expired GC and extension notice suffice to re-enter the country as some people i know had no problem

nothing happenned and they didnt let me board not even check my luggage

i had to reshedule my flight and had to go the embassy to get a transportation letter wich is 165 dollars

came back with no problem

later because of some BS that wasnt even my fault, my case was denied and had to hire a lawyer and re-file for I-751

got the NOA, did the biometrics again

had to travel back to france again with expired GC since 2007 & NOA this time with american airlines

my lawyer re-affirmed that they both suffice and are proof of residential status

there both act as unexpired green card

im leaving paris next week to miami and im a little worried

i can always get a new transportation letter but the idea of sheduling an appointment and spending 165 bucks plus other fees in this crisis and i lost my job...

can airlines do that? is it just france or what? is this some sort of discrimination

anybody went through the same ######?

sorry for the lenth

if anybody can recommend a good immigration attorney in miami beach...

well i came back from my appointment at the field office

the officer told me that they are no longer in charge of my case and that there is nothing that they can do as my case is in deportation proceeding

she gave me the number of the south miami court. i called but they can't give me any legal advice

so, as of right now im looking for a lawyer that can help in this "seems to be complicated" situation.

no one can explain to me what went wrong, what to do or any course of action beside hiring an attorney...

i have limited funds and im affected by the current economy(like a lot of people) therefor it shows on my paychecks(less $)

i have no choice

Hey there, an infopass is deff the way to go. 2 years ago when I was waiting to go for my AOS interview I got letters and emails from the USCIS saying that it had been canceled and that we would get a new date shortly. Then we got a letter saying that our application had been denied and had to leave the country due to us not showing up for the interview. We made an infopass appointment for 3 days later. I went and explained to my employers and stopped work till after the appointment ( this was my choice ). We took all of our proof saying that the interview had been cancled and showed it to them. They said sorry and that as it was their fault they would re-open our case with no charge to us. Yes we got approved and now going for the 10 yr green card.

I do hope that you are able to sort out this mess and that you get approved, just stay positive and gather all your proof before you go.

All the best

Angie

thank you very much

my appointment is monday the december the 1st

i'll keep you posted

Good luck,i really agree with everyone though, at this point you have to hire a good lawyer, and about making the infopass, i wouldn't recommend it becasue i got one of those denial letters and it says that you have to go to the nearest field office and surrender yourself, so they might take your green card and stuff. I would recommend talking to a lawyet and letting him handle the case. Regarding calling the 1/800 number. never beleive them, they read whatever you see on the online status, my case had been denied for 3 months and they would still tell me it's pending. with me they sent my denial letter to my old address and i haden't even moved since i filed, i don't know why they chose this address specificaly to send the denial letter, so they might have done the same with you. Anyway good luck and be cautious

??it does not say that on my letter though

Make sure you interview via phone or in person more than one attorney, before you hire one. I interviewed 4 before deciding on the one I used. Get referrals from people who have used them. They can tell you who is good and who to run away from!

thanks for all the reply

i was gonna use an attorney for the interview, but i didnt get that chance because the interview date passed without me even knowing

its hard to prove that you didn't receive a letter

do they want proof or a good reason?

"8CFR section 216.5(d) states in pertinent part that the service center director may refer the application to the appropriate locale office and require that the alien appear for an interview with connection with the application for a waiver. the director shall deny the application and initiate removal proceedings if the alien fails to appear for the interview as required, UNLESS THE ALIEN ESTABLISHED GOOD CAUSE FOR SUCH FAILURE AND THE INTERVIEW IS RESCHEDULED ."

i hope i won't need to file a i-290b and a letter and a visit to the office will be enough

but im not optimistic and i understand that if you want something really bad you have to fight for it, and pay whatever price but i don't want to spend an extra $580 for a form

when i did everything correctly and on time.

not for principles, but there is a thing out here called recession and everybody is affected including me.

http://www.visajourney.com/forums/style_em...efault/good.gif

Yeah, that is the frightening part of all of this - when you play by all of the rules and dot all the 'i's and cross all the 't's - and through no fault of your own something like this happens. You are doing the right thing making the infopass appointment. They will be able to advise you of the next best step. Do seek a consultation with a lawyer as well. Why not prepare the I-290 just in case and if that is the necessary route, see if you can file it during the INFOPASS. If you don't need the form, then you can tear it up. Just remember, the mis-information line isn't called the Misinformation line for nothing. Any advice you received through a phone call is suspect unless you were forwarded to an actual immigration officer. The people who answer the phones and who attempt to answer the questions are not immigration staff - they work for a call center and are responsible for a lot of grief through their misinformation. Good luck with getting this mess straightened out quickly and inexpensively.

thank you very much

all i hope now is the officer will sympathize to my cause

thanx

i have an appointment monday dec 1st. thats the earliest

but a get mixed answers from the representatives

some say make an appt

others to write a letter to the field office

others say you can't go back so u have to file a i-290b and spend $580

i'll do it all anyway

sometimes you do all the right things, make sure everything is on point, gather all the infos, double check, follow up...

and it all fall apart because somebody else didn't do his part of the job wether its the officer or the post office

Where did you file? CSC or VSC?

With regards to you work - just continue showing up and/or go to work - Let your employer know that you are still in the process with your green card. It is your employer's call now if they still want to keep your job or not with regards to your legal status.

I think, it is best to get a lawyer if you can...

svc

california service center