What to do - deportation notice just arrived...

L

leyefe12

Registered Users (C)
Hello ,

I got married to a US Citizen on March 2007. Before that I was here with Tourist Visa which was valid until September 2006. But after Sept. 2006, I extended the visa until March 2007 and on the last day of that tourist visa, I got married to a US CITIZEN. He applied to green card on jUNE 2007. And in the meantime, we haven't informed any INS authorites about the marriage.

My husband did not give me any paperwork like travel document, employment authorization that I just got aware of....

On April 2008, my husband filed for divorce with my approval. I am in NY right now staying with my sister.

I called the lawyer to check to see the status of the file. The lawyer told me that he was suprized because my husband told him that I went back to Belgium. And that he sent me all the paperwork for my name. One of them was this deportation notice. It indicated that, because we did not show up to interview, the green card application was denied and that my tourist visa did expire on Sept. 2006. Well I also did not understand why it did not show any records of extension of tourist visa and also me getting married....

What do u suggest? Shall I hire a lawyer who would honestly explain that this was a mutual marriage but my husband harrassed me and played with my future and that he did not give me any paperwork. And that I want to convert to B2 Visa and that I dont want to be deported. Any suggestions please help or advise...
 
Why would your husband "give" you paperwork? USCIS would not have issued your work permit, travel document or GC to your husband, these documents are issued to the beneficiary (you.) Appointment notices and warnings would also have been addressed to you.

Also, your husband couldn't have applied for a green card without you seeing and signing several papers, like the I-485 and I-130. Did this happen? Did you get your biometrics taken? Even if they could issue your EAD and travel document to your husband (which they can't and don't) they would not have done it without getting your fingerprints. And they won't issue a green card without an interview, which you both have to attend - if that didn't happen, you never got a green card. There's no way your husband has it and is withholding it.

It sounds like he may have been deceiving you about the process. I can see this is terrible for you, but did you never wonder why you didn't have to do anything to get your GC? Did you just assume you were legal because you got married? You're not - you still have to go through a long and difficult process to get USCIS to recognise your right to stay here. I'm really finding it difficult to understand why you thought everything was ok.

Since you've overstayed over 1.5 years and there's a deportation order, you will have a lot of trouble getting another visa... best of luck, but really, I can't see what you can do. Someone on here will know if there's a chance that the battered spouse exception might apply... you'll need a very good lawyer.
 
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Hi I think there are some misunderstanding.

My husband told me to wait for him to go for the fingerprinting. But he never told me to go. I got EAD and travel document but he is witholding the documents. He never informed me about it...

He has not been honest. And that I just received the deportation notice so I have no idea what is going on...
 
Your EAD and travel document were issued to your husband, without you ever going for fingerprints?

This doesn't make sense to me... how do you know the documents were issued and he is withholding them?

I don't mean to interrogate you, I'm just confused about your situation.
 
clarification

Of course the paperwork was issued to me , myu name. But my husband and I had the same address. And I never had my hands on the paperwork. I never saw them...Becuase he traveled back home, and I was staying at my sister and that in the meantime my paperwork wen to our home that we live together.

And yes, I never gave fingerprint and got my EAD and travel document. On the day of the biometrics, my husband was in overseas and I was at NY visiting my sister. My husband told me to wait for him and change the date of the biometrics...so we never had it...
 
So basically, you put your life in his hands and didn't involve yourself in your own process? I hate to be the one to say it, but you should have been more involved in your own AOS process to have avoided such things.
 
Sorry to say, but you've been put in a bad situation and the only way out will be to leave the country.

The instant your petition was denied, you went out of status as you no longer hold a valid non-immigrant visa. Once you exceed 6 months of unlawful presence, you automatically incur a 3yr reentry ban, and if you exceed 1yr unlawful presence, you get a 10yr ban. In the light of the missing tourist visa extension, its not clear to me how much of your time prior to the GC application would be counted against you. Potentially you are already well on your way to the big ban.

Right now you must decide whether to simply voluntarily depart, or appear before an immigration court. Switching back to a tourist visa isn't going to happen as you've clearly already demonstrated immigrant intent.
 
The I-485 wouldn't put her out of status retroactively, only from the denial date. But from the description so far I am not even sure a I-485 was ever filed in her case ... As several people said before, go talk to an attorney, but start preparing for the eventuality of having to leave the US. It doesn't look good for you.
 
Leyefe12,
Your marriage is basically over and that was the basis of your application to stay in the US. So why do you want to stay now? Looking at your case, wouldn't you agree that it would be best if you leave?
 
you know, if you want the advices from forum members, get the fact straight. Did you have citizenship interview in Feb 2008 ?
http://www.immigrationportal.com/showthread.php?t=273932

YOu may be able to get B status but whether you can get it in the US or not is up to CIS, since authorized stay is not non-immigrant status and COS may not be applicable.


leyefe12 said:
Hello ,

I got married to a US Citizen on March 2007. Before that I was here with Tourist Visa which was valid until September 2006. But after Sept. 2006, I extended the visa until March 2007 and on the last day of that tourist visa, I got married to a US CITIZEN. He applied to green card on jUNE 2007. And in the meantime, we haven't informed any INS authorites about the marriage.

My husband did not give me any paperwork like travel document, employment authorization that I just got aware of....

On April 2008, my husband filed for divorce with my approval. I am in NY right now staying with my sister.

I called the lawyer to check to see the status of the file. The lawyer told me that he was suprized because my husband told him that I went back to Belgium. And that he sent me all the paperwork for my name. One of them was this deportation notice. It indicated that, because we did not show up to interview, the green card application was denied and that my tourist visa did expire on Sept. 2006. Well I also did not understand why it did not show any records of extension of tourist visa and also me getting married....

What do u suggest? Shall I hire a lawyer who would honestly explain that this was a mutual marriage but my husband harrassed me and played with my future and that he did not give me any paperwork. And that I want to convert to B2 Visa and that I dont want to be deported. Any suggestions please help or advise...
Click to expand...
 
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PraetorianXI said:
Maybe she posted in the wrong section (citizenship?)...
Click to expand...

Maybe....

In any way, she didn't get GC yet.. so that GC is pretty tough to get, I believe, even through battered spouse.
B visa, maybe. But all these immigration intent and so on, it could be tough too(And I'm not sure what she wants to do with B visa as B visa can allow only 6 months.).

Lawyer is the best option.
 
Wow. This is some freaky and confusing story. You need another lawyer and youhave to act fast so you do not incur a reentry ban as someone has already posted. I
f you are saying your green card was never approved, then the only way out is to get approval as a victim of domestic violence. In the absence of theat, it is unlikely you will be granted a B visa as you have already demonstrated immigrant intent (someone mentioned this above).
If you have already been given a GC, then the story is remarkably different cos all you have to prove is that you entered the marriage under good intent. Otherwise, the situation looks like you might be better of leaving.
Contact a good immigration lawyer pretty quick.
 
by the way

By the way this post was also for a friend. She appreaciates all of the comments. I am a PR.

Thanks.
 
My friend is the one posting. She doesnt have account.

I became US CItizen in the month of February of this year at Newark and posted my experience. GC holder since 2002.

Thanks.

She does not have GC and nor looking for it. She just wants to be legal again so that she can come and go to US. She is afraid of being deported just for loving this weird guy. That's it.
 
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