Removal and Interview letters – URGENT HELP!

R

riv

Registered Users (C)
Removal & Interview letter at the same time – URGENT HELP! :mad:

Unbelievable but my wife just got 2 letters - one schedule for interview for September and second as removal.

Short history:

- She was a F1 student doing MBA, came in 2004, late applied for OPT

- In 2005 she got married for crazy American fellow in good faith, but that starts disappearing for weeks and months. She knew what he has ex-wife and 2 kids from his ex-wife, but lately she found what he LIVES with his ex-wife all that time and lied to her what he been at his mom's house. His mother hates his new wife and did want to discuss with her at all. She did apply for GC trough this marriage as well, right after the marriage.

- She filled uncontested divorce case in 2006, which came through in 2007. At the same time she submit certified (post) mail to USCIS stating what she would like to revoke the GC case. She had active OPT at that time.

- I met this girl in 2006, when she was struggling with that marriage, GC pending case and all related issues, so decided so support her as much as I could.

- In beginning 2007 she applied for H1B, priority 1 (based on OPT case, but showing her GC case in the application) and what status was approved and she got EAD.

- In 2007, I passed successfully to US citizen and decided to marry her, of course in good faith and having plans got long term relationship. Applied for her GC and successfully received advance parole and EAD.

- 3 days back got an interview invitation letter, which is good.... BUT yesterday got REMOVAL PROCEEDINGS letter from USCIS based on her old GC case.
Any advice? Will very appreciate your help. I really do not know how much attorney can help on that case, because she did not break any law and more over did not use any benefit from the original GC case… except paying for the application and attorney that time. She has been all the time F1 student -> OPT -> H1B -> my GC case, which I filled for her.
 
Does she have all the paperwork from the previous filing? Does she have her previous I-130 and I-485 case numbers? Enter them in at the USICS case status page and it will tell you what the current status is. Did she ever get confirmation that the previous filings were "withdrawn"?
 
Yes, she does have all paper work from the first case and A#s
The USCIS website state "Current Status: Denial Notice Sent", On July 1, 2008, we mailed you a denial decision notice for this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS.

She called a few times to USCIS to their 800 number and they said what the certified letter is good enough to send, asking to withdraw the case. She did this in 2006 or early 2007, before actual divorce case approval, right when she god H1 case.

Also, I made a mistake she got H1 approved in 2006 and she did H1 transfer from one employer to another in 2007.

I really do not know if any attorney will help much on that case, just looking for your great advice, which I was getting from his forum more then from any havely paid attorney's. We are going to collect all papers, what we have and try to check with the immigration judge office about this issue.
 
As long as she has a valid application,she is in valid status I think. There are multiple folks who are here illegally and everything is fine the day they file 485 after marrying a Citizen.
 
when has she been asked to appear in front of an Immigration Judge? Before the I-485 interview or after? The adjudication officer may not proceed with the case till the removal proceedings are terminated.
 
it has only "a date to be set" and "a time to be set" in those field.

Note: She got the letter from USCIS in begging (dates as 07/01/08) of July stating what they acknowledge her letter which as been sent in November 2006 wherein the applicant requested to withdraw I-485, filed in 2005.....
 
I know it is stressful but relax, it is one of those examples where one hand does not know what the other one is doing. It is only when the time came for her interview that they realized they have not sent a removal letter for her from the case before. Just go to the scheduled interview and it will get straightened out. And remember: since you are a USC even if she had overstayed here before (which she did not, but I am saying for the sake of the argument), the overstay would be forgiven as a result of the marriage to you. Except in the situation like hers, bring A LOT of evidence of your bona fide marriage. Good luck
 
Thank you yandresyuk, very applicate your input. Will try to relax, actually we have advance scuba dive certification classed trough this weekend, both of us... so hope this stress will not kill as during the class. :D
 
Does anybody know what is it and how to do this stuff?

1. a motion to dismiss proceedings
2. get the Office of Counsel of ICE to agree to close the case
 
Strange... the immigration court return the papers stating what there is "inappropriate or no service". The case does not exist within immigration court (tried to check dialing 1-800-898-7180 and checking both A#). So sounds like there is no way to meet with IJ right now and the option is only to go to the interview.

Any clue?
 
I agree w/ RealCanadian, that all of that would get settled at the interview that you have coming up. When you go to an attorney, he will scare the crap out of you saying something like that your wife will be deported immediately bla bla but i can save her if u pay me.
 
JJBBKK, are you attorney? I do not mind to pay reasonable fee for reasonable help and advice :)
 
I've got that... and referred to
JJBBKK said:
... bla but i can save her if u pay me.
Click to expand...
sentence. :)

Anyway - do not mind, we will go for the infopass this Friday and most likely to the first interview along, after that will see if attorney is required.
 
..... sounds like no constitution and human rights anymore, so welcome to new soviet republics country. It was always there "has a paper - you're a person, has no paper - you're nobody"
 
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