divorced without consent before approval!

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mlc2010

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Thank you in advance for reading.... My ex husband was stationed out in Guam after we got married and the idea was to join him after he got settled. My mom took a turn for the worse and i chose to stay here in the states a while longer, she actually almost died and that is why I stayed. After a few months I noticed a change in him and I called him one night and another woman answered stating that she was his girlfriend!. After that our storage unit under his name called me and said that I needed to give consent to vacate since he had called and said tha they could throw my things away that was in there and kept saying addressing me as EX wife???? I decided to do some investigating and he did indeed get a divorce granted in Guam and I got a copy sent by the courts... I got a copy 11-2008 and the divorce was final 9-2008 and my greencard came in the mail 2-2009... I have a feeling that i am in big trouble... looking for some advice!
I can always put in more details, just ask. I tried to keep it as factual as I could for the above...

by the way ...married 6-07
interview 4-08
divorced 9-08
greencard in the mail 2-09
 
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What is the "resident since" date on the green card? Is it before or after the divorce date? Did you get an I-551 stamp in your passport before the divorce date?
 
resident since 2/09....don't have the exact date right now-.....it is after the divorce date and I never got my passport stamped. The officer who interviews us said that she would call us within two weeks and she never did.that was 4-08 and I went like 5 times with info pass and everytime they kept telling me that they were busy processing the new citizens, I never got anything in the mail in regards to what was going on. That was a very long 10 month wait in the dark and even my lawyer had requested updates. I did want to go to Guam to visit my husband and they told me that eventhough I had the travel permit that it would be best that I not risk it. You could imagine to my suprise when I got it on the mail!!!
Thank you jabkolantern..
 
Just some backround: entered the country on transit visa when I was 16,my father is now a citizen and my mom a permanent greencard holder. I am 37now with a 14 yr old child. I am wondering now if my father can sponsor ...also would I still be able to enlist in the navy reserves? I was to do that also with my husband at the time...
 
Your problem is that your green card process got voided on the divorce date. It's just that USCIS doesn't know about the divorce. Once they know about it, they will revoke your green card. They ultimately will find out when you file I-751 a year from now.

Technically you have been out of status since September 2008, when the divorce occurred while your I-485 was pending. And you are over 21, so you cannot remain in the US to obtain a green card via either of your parent's sponsorship. You would have to wait outside the US for some 6 years while it is being processed. Or possibly 10 years, if you are subject to the 10-year ban for being here illegally for over a year. However, I'm not sure if the ban would apply in your circumstances, given that you didn't know about the divorce until recently and USCIS has not yet revoked your green card. Then again, if you were here illegally for a year before applying for the green card, the 10-year ban probably will apply.

You need to see an immigration lawyer ASAP, as you are facing likely deportation once USCIS finds out about your situation.
 
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I did want to go to Guam to visit my husband and they told me that eventhough I had the travel permit that it would be best that I not risk it.
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Visiting Guam is not really leaving the United States. You probably could have visited there with or without the travel permit (Advance Parole).
 
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Thank you...once I found out about my divorce I did ask my lawyer and she said to wait to do the waiver and just in case I did ask another here in town was told the same and now it's time and I am just beaten down by all that has happened.
I will file and hope for the best and submit all evidence as I have alot of it...would I still be able to join the military? That may help? I couldn't even sleep last night,this is a nightmare,what's even worse is that I've known him as an acquiantance since his college days...I never thought he would do this just to marry a Guam stripper that's 51.....I am just livid now all over again!!!!
 
Jackolantern said:
Technically you have been out of status since September 2008, when the divorce occurred while your I-485 was pending.
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Once an I-485 has been filed, then one remains in legal status until the I-485 is rejected even if the underlying basis for the I-130/I-140 no longer exists.

She does need to see a lawyer.
 
A 51 year old stripper? That's the first time I read about someone stripping their raisin years... I thought at that age, everything around your body start to look like raisins..
 
mlc2010 said:
I will file and hope for the best and submit all evidence as I have alot of it...would I still be able to join the military? That may help? I couldn't even sleep last night,this is a nightmare,what's even worse is that I've known him as an acquiantance since his college days...I never thought he would do this just to marry a Guam stripper that's 51.....I am just livid now all over again!!!!
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One other avenue to explore is whether the divorce is actually legal. You can certainly divorce someone without their consent, but they do need to be notified of the proceeding prior to the final judgment. If that wasn't the case then you are still legally married.
 
I am just taking a shot in the dark.

If the OP had documented that the service neglected making a decision on the case for 5 months, and the service made a decision based on the same evidence they had at the time of the interview could she prove the resident since date should be 5 months earlier (while the marriage is still on) and be able to file for a waiver when it is time to file the I-751?
 
Oh yes 51....how do I know this? Well my ex husbands twin brother is my best friends husband and that is how we met way back when ...they have been together for 15 years-married- and the brothers still kept in contact when he was involved and...get this...he called me one night hysterical because he couldn't take the fact that she was stripping....take a guess what I told him???....I do not want to get kicked off the boards so .....P.s she has implants and may look a tad bit younger due to her being Korean ...
 
He did "try" to contact me it states in the papers that there was a notice in the local Guam paper and that two notices were sent to my house ... I never got anything...why?well because he sent to the correct address with no apartment #. ... There are at least 200 apartments I'm this complex. I managed to het the tracking numbers and realized that there was no way I would have gotten it. It was granted on the grounds that I never responded and that I was um locatable
am I still married? Guam courts told me "no"...wonder what immigration would say...
 
To dhlunar...it actually took them 10 mnths! Could you belive that? I had no communication other than my many info pass appointments with no definitives... But I see your point
 
Does anyone know if I can go active military and do my citizenship that way? I think it was Bush that had stated that anyone that enlists in active duty during wartime will automatically be able to gain citizenship.... Does anyone recall that,I have to look it up again...
 
mlc2010 said:
Does anyone know if I can go active military and do my citizenship that way? I think it was Bush that had stated that anyone that enlists in active duty during wartime will automatically be able to gain citizenship.... Does anyone recall that,I have to look it up again...
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You are right about enlistment. But there are certain requirements to be met and for the correct detailed information you may want to talk to a competent Immigration lawyer. They wil be able to better advise you of how you can enlist and initiate the process.
 
Thank you to all that have responded.... I made an appointment for next wednesday and we shall see what she says. My previous lawyer that I had when I filed to adjust told me that once I enlist then the basis for marriage greencard no longer is valid because i am doing it via the military... i will do more research and keep you guys posted thank you once again!
 
You need to contact both an immigration lawyer and a divorce lawyer. It is possible that your divorce is not legally valid (yet), especially if the papers were sent to the wrong address. You don't live in Guam, so your own state laws may also have an effect on it. The fact that he posted a notice in the Guam newspaper but didn't post one in the newspaper for where you live may also affect the validity of the divorce. Divorce can be appealed.
 
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mlc2010 said:
Does anyone know if I can go active military and do my citizenship that way? I think it was Bush that had stated that anyone that enlists in active duty during wartime will automatically be able to gain citizenship.... Does anyone recall that,I have to look it up again...
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Unless you have specific hard-to-find skills to qualify for a program of limited noncitizen recruiting which they are doing, they won't let you enlist if you don't have valid permanent resident status or citizenship. And your permanent resident status is heavily in doubt now.
 
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