BOA Appeal Dismissed...

Caligirl415

Registered Users (C)
We recieved a letter stating that our appeal to the BOA was denied and my husband has to leave the Country in 60 Days... :(

The only chance we have now is for our AOS interview next month, we were apprehensive about the interview now were terrified because this person can pretty much decide if my husband has to leave for a couple of months to years! :( :(

This is horrible....
 
Caligirl

I'm so sorry to hear about your situation.
You said in another post that your husband did not qualify for I-485, but has your I-485 ever been denied? Did it say on your interview letter what this interview was for? You said you had a lawyer, what does he say about this?

Anyway I wish you all the best of luck for this interview, be prepared as well as you can and I think it would be good if you had your lawyer with you. (If you believe that he is a good one!)
 
Caligirl,
it would be good to repeat your story in this post because not everyone read or remembers what was in your other thread and thus would not be able to give any advice.
 
We lost our case in the 9th Cirict court, so we appealed and we just recieved a letter from the BOA that our appeal was dismissed. The interview we have next month is for the I 130 petiion I filed for him back in 2003. They said to bring all paper work with our names on them and such, to prove that our marriage is valid.

Our lawyer is a a-hole he has been no help to us at all! He pretty much said if the inteview doesn't go well we're out of luck! :(

So our last chance is for this interview to go in our favor and the I 130 to be approved.
 
The letter also said that he has to leave the Country in 60 days of the letter which is around July 11th. :(

I don't know if there is anything I can do, I am not going to give up trying to bring him back here if he does have to go back but our lawyer sucks! and with my husband gone it will take me forever to save the money to hire a new one. I would appreciate any advice you have for me.
 
Okay, after I found a previous post of yours time ago then I can figure out what are you talking about....Cali, nobody knows your entire story...so not all people will understand what you are saying about your appeal denied and your other I-130 interview. I know that you are under stress so don't get me wrong okay?

So doing a little bit of history here...your husband was in removal proceedings BEFORE he apply for his I-485 when he marries you but you had a I-130 in his behalf right? Did you apply your I-130 and his I-485 at the same time? And your appeal was because his I-485 was denied? just to clarify.

Anyway, why he was in removal proceedings?

I still don't get when I heard over and over again from posts that if you don't like your lawyer then why you don't fire him/her, would be a difference? In the other hand lawyers are not a guarantee of succesfull and happy ending, neither in their hand are the final decisions. I am not saying that sometimes some of them screw it up but for me you hired a lawyer for a service and is you don't like the type of service then you move on. Is like a restaurant, nobody can force you to buy in a restaurant just because you did not like the menu or you did not like that you had to wait for 30 min to get attended. There are sometimes that there is really nothing else to do just to wait. If your lawyer did not help you during the appeal or how to write and prepare for the appeal you are in all your right to fire him...what are you waiting for?

It is true, your I-130 interview is almost like your last resort since already the appeal was denied.

When is the interview?
 
Take everything that you have together since you get marry. Not only join bills and all that, take with you affidavits of friends as well, etc.
 
cherr1980 said:
Okay, after I found a previous post of yours time ago then I can figure out what are you talking about....Cali, nobody knows your entire story...so not all people will understand what you are saying about your appeal denied and your other I-130 interview. I know that you are under stress so don't get me wrong okay?

So doing a little bit of history here...your husband was in removal proceedings BEFORE he apply for his I-485 when he marries you but you had a I-130 in his behalf right? Did you apply your I-130 and his I-485 at the same time? And your appeal was because his I-485 was denied? just to clarify.

Anyway, why he was in removal proceedings?

I still don't get when I heard over and over again from posts that if you don't like your lawyer then why you don't fire him/her, would be a difference? In the other hand lawyers are not a guarantee of succesfull and happy ending, neither in their hand are the final decisions. I am not saying that sometimes some of them screw it up but for me you hired a lawyer for a service and is you don't like the type of service then you move on. Is like a restaurant, nobody can force you to buy in a restaurant just because you did not like the menu or you did not like that you had to wait for 30 min to get attended. There are sometimes that there is really nothing else to do just to wait. If your lawyer did not help you during the appeal or how to write and prepare for the appeal you are in all your right to fire him...what are you waiting for?

It is true, your I-130 interview is almost like your last resort since already the appeal was denied.

When is the interview?

Okay, my husband had been in removal proceedings since 1997, his case was originally with his family. When we were married they decided to seperate him from his family's case because we were married.

So yes, applied for the I-485/ I-130 packet while he was in removal proceedings. He did not qualify for the I-485 because he was already in removal proceedings when we filed. His case was denied in the 9th circit because there was a lack of proving the 10 year presence. we appealed to the BOA but they dismissed the appeal.

We recieved a letter about two weeks ago saying that we have an interview to prove that our marriage is real, it's next month.


As far as our lawyer goes, we did not pay for him and I did not want to go with him but my husband's mother had already paid for her case and ours as well. I did not like this idea, and we tried to look for another lawyer but since we had a court coming up and he was already paid for we stuck with him because he pretty much assured us that my husband would be able to ajust. When we would go to court he never said anything, when we called his office he wouldn't take our calls or return them. It's just been a bad situation with him, I will admit that we could have gone to someone else which is what I wanted but we just could not afford it. I am not displeased with him because this did not go in our favor, I am displeased because after he was paid it seemed like he didn't give a damn about us.

So next month we have our interview, I already asked three of my close friends to write affidavits for me because two of them were witnesses to our civil ceromony, and the other has been friends with me since high school and has been to my apartment and knows my husband. I'm also having my family members write some as well. The only thing we are lacking are photo's everything else we have. All our bills, lease, we have a share plan on our cell phones which both have our names on them, Credit card statements, bank account statements, our joint taxes, birth certificates ect; The only thing I am worried about are photo's so I guess we have to take as many as we can before our interview.

That's pretty much the jist of it.... sorry if I wasn't all that clear before.
 
Top