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blandons4ever

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I filed an I-485 in march 2000 under section 203 NACARA relief. when I wanted to renew My 5th (yes 5th EAD), I was told it was denied because my I-485 case was denied under section 245 of the immigration and nationality act. Well let me tell you a bit more. According to the website, my case is still pending at houston, and it was transferred over there by the TSC on april 11,2005, proof of which I have via E-mail and a I797 notice with my correct address. What I mean by my correct address is that I originally filed 6 yrs ago in El Paso, TX, and I moved to houston 4 yrs ago. I did make a change of address (for which I have no proof of!) and they messed up my address, a typo or something. I called the cust. svc and they corrected it. I discovered this by cking the website almost every week and finding out that a notice for fingerprinting was sent to me. Well, I got a notice for rescheduling and I have a receipt showing my correct address. The lady on the phone told me that the most current info she's got is that my app is still pending, though she will send an inquiry to houston and I should receive a letter within 30 days. Well the funny part is that I already did that in february 2006, yet I never got anything from houston. the website still shows my EAD is still in process, yet I got a letter dated may 16 stating I was denied, houston # in the I797 is listed as (281) 847-7900 and is disconnected, and to top it all off I was advised not to go to the office because if my I485 is in fact denied I am illegal in the country and there's a chance I will be picked up on the spot. Well it is needless to say I am dazed, confused, sleepless and in a desperate state of mind. would anyone advise what to do? this is killing me, I'd like to think it is a nightmare or a mistake, but I kinda feel they may allege they sent me notices for interviews to my "correct" address (the typo) and will tell me I am denied. Now, I have been married to an US citizen by birth since 1998 way before I filed for NACARA (2000), but I am afraid if I file due to marriage I will be sent back. I feel it is kinda worthy to take a shot at a motion to reopen since I can prove (with the fingerprinting and the notice of action) that my address was correct if in fact they say my address was wrong, or should I hire an attorney and shift course to adjust by marriage? Does anyone can help me? do you know any good attorneys in whom you trust? let me know I am totally a wreck right now!
 
Hi blandons4ever,

Sorry this happened to you.. There are many cases when USCIS messes up the documents, addresses and so forth, but I understand this doesn't make things easier for you.. Please anybody correct me if I am wrong, but I do not see any problem for you filing for a green card through marriage. Even if you are illegal right now, USCIS will forgive you, because you are married to an American citizen. As far as I know, you might have to pay a fine and you need to stay in the country till you receive a green card, but otherwise you shouldn't have any problems. I think, you should file as soon as possible.. Talk to an attorney if this helps, but I really don't think you have to worry too much about your stay in the country, as long as you apply through marriage.
 
thank you for your response

It seems logical. DO I need to start filing an I-130 or go straight to the I-485? My current EAD expires on 10/15/06 and to tell you the truth, my wife and I need both incomes to subsist. Do you think I should start filing right now ASAP or wait to see if it is a mistake? I guess if I file and then they reopen, which I think due to the time lenght may be kinda hard, i can withdraw the spousal petition and the only thing i would lose is the cold, hard cash. My wife does not have any objections, and I have been the one objecting since I don't want her to think I married her for a green card, which at this time is obvious (more than obvious!) to her that it wasn't the case, even her late mother insisted on I adjusting through my wife, but I felt my relationship was too new to go thru all that mumbo jumbo INS puts you thru, plus my wife served 5 yrs in the ARMY and got a honorable discharge with disability related.
hope this helps
thanks
 
I understand how you feel not wanting to apply for a green card through marriage.. I am in somewhat similar situation right now, as I recently got engaged to an American and I have been in the process of employment-based green card for about 5 years. I am hoping to get my employment-based green card before the wedding and not having to apply for GC through marriage, as I do not want to depend on my spouse for immigration status and his family to wonder if I had any other agenda with this marriage. I think though in your situation you should not let pride get in the way, as if things go wrong and you get in deportation proceedings, your wife and family will have to go through a lot worse nightmare. You have been married for a long time and you should trust your spouse will understand and I think applying for residency through marriage now is the right thing to do. Unfortunately, I can not give you an advise in the process, as far as forms and fees, because I am a lot more familiar with the employment-based process, but as far as I know it is more a formality than other processes and you can read about it all at USCIS website. Take care and good luck. Hope your status will get straightened out soon.
 
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