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#1
7th April 2008, 04:47 PM
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Failed Marriage - Please Advise
I came to US in 2001.
Graduated in 2005. Got married in Jan 2006. My OPT expired in Jun 2006 while my file for Adjustment of Status was still pending. My wife withdrew the application without my knowledge due to marital problems in Jun 07 before I received my temp. GC. We are still married but divorce seems to be the only option. Is there anyway to save my status??? Please Help!! 
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#2
7th April 2008, 05:26 PM
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What status? your OPT expired and you never filed for H1. You never got a GC, You do not have a status.
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DO: Atlanta, GA Year 2007 5/03: I-485 Receipt Date 8/07: I-485 Approved 8/27: Conditional GC Received Year 2009 5/15: I-751 Receipt Date 9/22: I-751 Approved 10/3: Unconditional 10yr GC Received Year 2010 5/10: File N-400 for US Citizenship
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#3
8th April 2008, 06:02 AM
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She told you this or you were informed this at your I-485 interview?
Quote:
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Regards, S K Ghori skg@vex.net http://www.vex.net/~skg/ **NOTE** I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship. **DISCLAIMER** I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.
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#5
9th April 2008, 10:51 AM
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I am afraid, you are out of status now. You were ok as long as your AOS was pending. That is not the case now. When exactly was the AOS withdrawn?
__________________
Regards, S K Ghori skg@vex.net http://www.vex.net/~skg/ **NOTE** I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship. **DISCLAIMER** I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.
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#7
9th April 2008, 10:58 AM
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To be honest, barring marriage to a US citizen, I do not see a way out. Having said that, since you have already once been a marriage based AOS applicant, USCIS will scrutinize your next AOS application very keenly. You shouldn't even attempt this unless you are involved in a bonafide marital relationship. I would also advise you to consul a competent attorney. You are just 4 months away from accruing 1 year of illegal presence. I may be wrong, but since you have already graduated, your I-94, if it has "D/S", will not be able to save you.
__________________
Regards, S K Ghori skg@vex.net http://www.vex.net/~skg/ **NOTE** I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship. **DISCLAIMER** I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.
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#9
9th April 2008, 11:17 AM
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No, Canada should be fine.
__________________
I-140 EB2/NIW (ROW) at NSC, mailed 10/20/2007, RD 10/23/07, ND 11/08/07, AD 3/21/2008 I-485 (concurrent, ROW) at NSC, RD 10/23/07, 11/08/07, LUD 11/14/2007, FP 12/11/2007, INFOPASS 12/11/2007 (NC clear, BC clear), LUD 12/12/2007, RFE 7/18/2008, 8/1/2008 (received), 8/4/2008 (replied), LUD 8/5/2008 (received), LUD 8/6/2008, AD 8/12/2008 (Notice welcoming new permanent resident), 8/15/2008 Approval notice sent, LUD 8/18/2008. Card received on 8/22/2008.
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#10
9th April 2008, 11:28 AM
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One thing you need to check on. The Canadian consulate in Buffalo may not entertain your immigrant visa application since you do not hold legal status in the US. Lately they want a year of legal residence to entertain the application.
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__________________
Regards, S K Ghori skg@vex.net http://www.vex.net/~skg/ **NOTE** I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship. **DISCLAIMER** I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.
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#11
9th April 2008, 11:32 AM
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Quote:
__________________
D/O: Boise 01/03/08 Mailed I-130 to NE (Lawyer Mistake,had to resend app 3 times) (Day 31) 02/06/08 RD and Check cashed for I-130 (65) 02/08/08 Received NOA (67) 02/14/08 Sent I-485 to Chicago (73) 02/15/08 Received I-485 at Chicago (74) 02/22/08 Check Cashed by USCIS (81) 02/25/08 Received NOA for I485, EAD & AP  (84)03/05/08 FP done and name check cleared (93) 03/07/08 I-130 transf to NBC (95) 04/19/08 AP and EAD approved(137) 07/03/08 IL for Aug 11th (202)
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