Green Card Application ----- Deliema, Please help

B

ben1980

Registered Users (C)
Please any advice would be gladly appreciated. I and my USC wife have been married for about 17 months now, Our first application was denied in February and we are in the process of re-applying in October.

My current EAD expires in December and I was thinking of renewing that also.

These are my concerns.

1. Should I wait till Feb next year to re-apply for AOS, since we would have fulfilled the 2 years marriage requirement and a 10 year green card issued to us. The problem is that if I wait till then, my EAD would have expired and I will have to stop working.

2. Can I renew my EAD next month without re-applying for my green card. I am not sure if that would be denied or approved.


Please any iuputs would be appreciated.

Thanks.
Ben.
 
ben1980 said:
Can I renew my EAD next month without re-applying for my green card. I am not sure if that would be denied or approved.

Thanks.
Ben.
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Ben,

Your EAD card is now invalid. On the day your I-485 was denied, which was in February 2010, your became ineligible to use the EAD card for employment, which means currently you are working illegally in the US. Don't even assume that since the EAD card has an expiration date for next year makes it OK, you were royally screwed by the denial. Don't even think about sending the renewal, because as far as USCIS is concerned, you are NOT authorized to be employed.

The million $$$ question: why was were petition denied by USCIS? Do you and your spouse have questionable issues regarding legitimacy of your marriage?

Two years and married won't just ensure you get a 10 years green card, with a denial on record, you will need to provide sufficient evidence that marriage was entered in good faith, NOT for the green card.
 
Answers to questions

I will try and be detailed as possible. First, marriage was entered in good faith and not for immigration purposes. After we got married, I was still out of work due to the economy but she was able to work as an office assistance. Money was tight and we dint have much documentation. She does not get any benefits hence no 401k, insurance etc. All we had was bank statements, affidavits from friends, wedding pics and rental agreement.

At the interview, the guy went through all of our documents and then asked my spouse how much rent was...I signed the lease in 06 and my rent then was $950 ( which was stated on the lease)...however, my wife said $1150 which is what we actually pay now...I tried to explain to the lady that the rent has been increased since 2006, but she dint really listen. I think that was the red flag, she asked for documents and we gave her what we had. She also took my i-94 from my passport and said we will hear back in 30 days...I was dinged becos she taught marriage was not legit...

I have been in the country for 8 years now and have never been illegal, from f1 to h1...right now we have alot of evidence, insurance, 401k, a new hosue lease, bank statements...

I never got a letter saying my EAD was invalid and my employer never contacted me..I am sending in the forms again in two weeks and will hope for the best....

What are the chances of us being denied for the 2nd time? any experinces or stories of pple re-applying again?

Thanks,
Ben.
 
No one gets such a letter. That does not mean however that the EAD is still usable. The very basis of the issuance of that EAD is no longer valid. As simple as that.

ben1980 said:
I never got a letter saying my EAD was invalid and my employer never contacted me.
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ben1980 said:
I never got a letter saying my EAD was invalid and my employer never contacted me..I am sending in the forms again in two weeks and will hope for the best....

What are the chances of us being denied for the 2nd time? any experinces or stories of pple re-applying again?

Thanks,
Ben.
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Ben,

You aren't being straight here...lol!!! I don't think you understand the points I made in my earlier post, what would be the basis for the renewal of your EAD by USCIS? The form itself has a question as to under which category are you applying for the renewal of your EAD. Am I missing something here? I am intrigued to find out what will be your answers to questions 15 and 16. Here is the form.

http://www.uscis.gov/files/form/i-765.pdf

The fact that you never got a letter from USCIS invalidating your EAD doesn't leave you off the hook, you are still on a big fishing hook as far as USCS is concerned. Such things aren't subject to logic of common sense, USCIS is the antithesis of anything remotely associated with common sense. Moreover, hoping for the best is one of those stupid things which people do when they are young and dumb. I will venture to say that you are in the US illegally right now, because the petition for a green card through marriage failed, as such you are accumulating illegal presence which will create issues for you.

You are sending the petition for a green card under marriage with your spouse next week? Is that what you are referring to or you mean a renewal for EAD? Marriage to a US citizenship alone doesn't grant any immigration status, I hope that is clear to you.
 
Al Southner,

After reading the earlier posts I am not re-newing the EAD again. I am going to send a completely new package for adjustment of status, i130, i485 etc.. and start the process again. Just trying to apply for an EAD will be foolish on my part.

I know marriage to a USC does not grant immigration status...I know I will have to do everything again..FP, interview etc.

Thanks
 
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ben1980 said:
So does that mean I cannot re-apply for AOS again. I am thinking of sending the i130, i485 and i765 as part of an entirely new application.

Thanks,
Ben.
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I believe that you just came from a crushing defeat at the hands of USCIS, unless you have new and compelling evidence which will grant you an approval, i will say wait till you have strong evidence. USCIS is going to put your through the same dryer again, proof that your marriage is legitimate, not for immigration purposes. Moreover, the second application and interview will create a slug-fest with the IO, because you will need to disclose the fact that you were employed throughout the time after your denial, using an invalid EAD card. I don't see how that will endear you to USCIS, because it will be clear that you have no regards for their laws. Whereas they might not deny your case solely for this reason, IO have wide discretionary powers to screw you in the confines of their office.

I am curious to know, what evidence have you collected since the denial in February 2010, which gives you the reason to believe your case will be approve the second time around. Clearly outline it for all to see, because maybe you do have sufficient, but it needs to be really sufficient. Do you have any kids?
 
Thanks for the reply. We dont have any kids...I have the following

New rental agreement with both names
Medical, Dental and Life Insurance
Car loan and insurance
401k
Pics of wedding and other activities
Affidavits from friends
Utility bills
bank statements and credit cards

At my first interview we had bank statements, rental agreement in my name...since i was in the house first.
 
Ben,

Ok, it is clear you intend to reapply for the whole shebang to Chicago Lockbox. Fine, but before you do and in reviewing your evidence, it looks promising. Do you know the reason stated in the denial letter for denying your case? If you do, let us know because it will make a huge difference in terms of the evidence which you will need to collect. NB:Your case was just denied, so USCIS is going to expect you to provide more solid evidence on bona fide aspect of your marriage. See below on some of the most common evidence associated with successful interview. I have attached a link for a thread in which people share their recent interview experiences and documents which they produced to get a green card.


TYPES OF DOCUMENTS NEEDED TO PROVE COMMON RESIDENCE

(The most important requirement of common residnce proof is that both names of husband and wife must be on these documents listed below, i.e. "joint accounts")

1. Home Contract copy; Rental copy; lease copy; or affidavit from person you are living with which explains the living arrangements.

2. Copies of utility bills; gas; light; electric; phone; cable; satellite

3. Joint bank accounts (must be in both names)

4. Credit/Debit Cards (under both names)

5. Insurances:
a. Auto Insurance
b. Life Insurance - submit copy of policy showing beneficiaries
c. Medical - submit copy of medical cards for each person

6. Photos;
a. When you were dating/courtship period (3 each)
b. Marriage photos (3 each)
c. Birthdays, anniversaries; Christmas; holidays; family gatherings, vacation trips; etc...... (3 each)

7. Babies - Bring copies of birth certificates

8. Major Purchases: New Car; Television; Refrigerator; stove; household appliances, etc.

9. Driver's License (both must have same address to be any good).


http://forums.immigration.com/showt...vities-here.&p=2220690&highlight=#post2220690
 
Al,
Wow. Thanks so much for your help. I will make sure I adhere to the list and even go beyond that. I will get my documents and see the exact wording. The MAJOR issue that you raised is what explanantion I will give for working with an invalid EAD. I might have to consult an attorney for that..I will def keep you updated.

Thanks alot.
 
sorry how long after the interview did you get the denial letter, please share,as for us our interview went fine and we didn't have any red flag but still waiting for decision.
 
ben1980 said:
Al,
Wow. Thanks so much for your help. I will make sure I adhere to the list and even go beyond that. I will get my documents and see the exact wording. The MAJOR issue that you raised is what explanantion I will give for working with an invalid EAD. I might have to consult an attorney for that..I will def keep you updated.

Thanks alot.
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This is what you can do, collect the necessary evidence, paper copies and file them nicely organized by months. For example, all utilities/evidence (cable, phone, cellphone, electric, gas and water) nicely organize from the day you were denied till you are schedule for the interview, assuming that you reapply for the green card. As for the explanation, you might want to bury your head in the sand, "USCIS or IO never told you that your EAD card was invalided by the denial of your green card petition," if this was explicitly stated to you that it was invalid by the denial, you would have left your employer". You don't have to give an elaborate speech about how you knew it was invalid, plus you needed to provide for your family, stay clear of emotional issues, focus on the simple and straightforward facts. I believe that your working with this invalid EAD will be forgiven by USCIS by virtue of your marriage to US citizen. It is a common practice for all immigrants who worked illegally but married US citizen to be given a reprieve for all illegal work by USCIS.

Personally, I wouldn't consult with an attorney, unless you feel compelled to do so, I would act stupid. USCIS is adept at acting stupid too, have you ever wonder why people petition are stuck in the blackhole for 50000 years? The less you will say about this subject during the interview, only when you are asked, the better for you. Also, don't hide the fact that you are employed. I have always advises people, to keep their mouth shut when dealing with USCIS and say less about issues which can create complications for their case. It is the omission which is usually worse than the crime itself. Also, it is possible that your interview will be a stoke interview, in which you will be separated and grilled like a chicken breast apart from each by immigration officers. Since your initial petition was denied due to insufficient evidence and suspicion of marriage fraud, this new one is NOT immune from becoming an exercise in grilling both of you.
 
Definately more than 30 days..i will say give or take about 50 days..although I have heard of cases getting approval after 90 days...what location?

realcool1 said:
sorry how long after the interview did you get the denial letter, please share,as for us our interview went fine and we didn't have any red flag but still waiting for decision.
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Al,
You have no idea how much this means..I REALLY appreciate your help and will take all your suggestions..I will be back here to update you on my application.

Thanks,
Ben.
 
If first interview is denied, shouldn't there be a 2nd interview? Why do you need to resubmit everything again?
 
If you appeal, they will send you the 2nd interview notice? I thought within that 30 days, they will make decision by whether or not to approve or send you a 2nd interview notice?
 
Ur appeal is either denied or approved. If denied you have to re-file again, if approved I think your DO will contact you and the GC will be issued or a second interview may take place...
 
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