kittya2004

As per my last thread I was having major issues with my husband. One of the issues was that he could not stay in one place for a long time as he kept getting evicted from properties for no payment of rent. I went to Houston District INS yesterday to renew work autho and was told that my case had been retired and that I had to come back in 3 hours to find out why. MY work autho was denied so I cannot work anymore due to them not changing my address when should have.

Well I went back in the alloted 3 hours and was told that my case had been denied as they could not contact me for fingerprints ect. Everytime I have moved I have filled in the required AR11 and have sent it to their PO bOX in Kentucky. Semms that they only updated my address once and have not done it again since even though I did fill out the AR11's each time that I moved.

Now that my case has been denied because of this I was wondering what my next step would be and Ray this is for you hun please dnt say " Go Home " lol. I need to know that because this letter was sent to the address I lived at before I changed my address on the AR 11 ythis letter is dated 26th April 2004 and only gives me 30 days to motion to have case reopen. I only got a copy of the letter today and the 30 days is well and truly up. Do I have a chance to motion to have it reopen because I only had receipt of the letter yesterday.

Ohh yeah and by the way my hubby has taken off and I have no idea where he is anymore. I cannot ask my family for help as they won't do it. So any advise would be great. Ray again hun please dnt tell me to go home as right now USCIS is not even talking deportation yet so please I know you mean well but I really dnt want to hear that.

inquisitive40

I am SOOO sorry
I really don't know what you can do without your spouse petitioning for you. I think really now the best thing you can do (sorry but will sound like Ray) is head back home, if you overstay you are gonna be really screwed. My thought would be go home abandon your current petition and once you have collected yourself back home then work from there. At least if you are back home and you want to return to the US at a later date it would still be possible, overstay now with the situation you have and you will be REALLY stuck, no spouse to file with will still mean denial of your case even if the USCIS reopen it, you can't marry anyone else here (as far as I am aware it would be VERY difficult to do all that and refile again, divorce, find a new husband, remarry, USCIS would really jump on that even if it is possible). If you return home you at least have not commited any overstay and so will be free to re-enter at a later date if you did happen to want to.

Sorry for everything that has happened you, it totally SUCKS

Patrick

Ray

My lips are sealed...You got my position on it ..My best wishes really do go with you though..

whistlestop01

Sorry to hear of your problems. I thought with AOS when your interview comes up you need both the US citizen and foreign spouse there. How is it possible for you to continue with the AOS without him?

Hopefully you can find some way legally but I can't see any chances.

Good Luck xxxxxxx

kittya2004

Thank you I guess I just really needed to get it off my chest. Yesterday just took what little faith I have in anything anymore. You men and woman on this forum are very nice people and I do hope that your journeys are more fruitful then mine.

Bluegrass Lass

Awwww, Kitty, I'm soo sorry to hear this distressing news. So you say your parents won't help, but has his family offered to help you in any way? Especially seeing as how he's the one that has run out on you.

Since you entered on a K1, as far as I understand it, you are only allowed to marry the person that petitioned for you, and file AOS through that person. I don't think you could pursue a divorce, remarry and file AOS. That would probably throw a red flag at USCIS and you might really be screwed then.

My other thought is, how does a denied I-485 effect your ability to use a Visa Waiver to visit the US? Does anyone know? If you leave before you overstay, then you may be able to return to visit in the future. Versus, if you overstay you may never be able to travel here again without obtaining a waiver first.

I know this may be tough since you are now without work authorization, but I think you really should try to consult with a good immigration attorney to see what, if any, options you have.

At any rate, Australia can't be that bad to return to. Despite what your family says/thinks, at least you took a chance at love, even if it didn't work out.

Best wishes, Kitty. My heart and prayers go out to you. <<hugss>>

Jamie

kittya2004

Jamie thank you so very much for your heartfelt words it put a smile on my face. Sorry but I entered on a 12 month tourist visa not a K1 I had my return ticket home and all and he asked me to marry him 4 days befor I was due to fly out. Huh what a laugh I loved him and said yes and I still do love him (crazy me ) huh. But thank you anyways you made me smile.

Kitty

inquisitive40

HUM,
So you have not got a K-1. That would mean you could divorce and remarry and apply again BUT with a denial of your I-485 you could still have problems, was the denial based on you abandoned your application? If so that might actually help you. If it was a denial based on circumstance then you would have same problem with any other application.

Anyone else know if she could stick around and divorce (this is possible) and then later remarry and file a new application? Has it ever been done before?

The biggest issue you have right now is no work authorisation and how to feed yourself..

I am thinking with hubby being in his late 30s, early 40s, his family probably are not going to be that helpful and may just think "he's a big boy and should take care of himself" ?

This sucks big time for you
Patrick

USA & Pakistan

If you need shelter, food, counseling, etc... there are usually women's services available. You can find the numbers in the comunity pages of the phone book... 'women's crisis line', etc. They have resources to help you... maybe even with an aiplane ticket home, if u need it, and/or legal advice.

I am sorry this happened to you.... more than words on a forum can say. You will be ok. Somehow, someway, things will work out. You are strong and you will get thru this.

Marnee

kittya2004

Inquisitive40 yes the reason for denial is as in the picture each time my husband was evicted from where he was lving I filed the required AR11 and USCIS never updated it and I got this letter only yesterday from the immigration lady at Houston USCIS. it is dated april 26th 2004 and only gave me 30 days to appeal and since I only got it yesterday there may be a chance that I can motion to reopen the case I am not sure. But here is a portion of the letter that I scanned.

meauxna

I wish I had the relevant rule to quote here (maybe someone else can look it up for everyone's benefit), but:

the AR-11 does NOT update your mailing adderss with USCIS. It is a "tracking tool" as I understand it.

Others have reported using the 1-800 number or calling & writing to the office where your applications are pending to change mailing address information.

In other words, the AR-11 is required so that USCIS may keep tabs on the alien.
It is nothing to do with your address change for correspondence.
If someone moves in the middle of their case, they should file 2 address changes (AR-11 and 'other' method).

I'm very sorry to hear of your situation & sorrier that I don't have even a shred of an idea to offer you. Hopefully your hard lesson will serve others in the future (re: mailing address change).

If I am totally off-base with the AR-11 info, it is because I'm making an informed guess; ie, don't bet the farm on my info here.

kittya2004

Meauxna on the USCIS.gov site it says AR11 is a change of address form this it what is says on form

Purpose of Form: To report the change of address of an alien in the United States. If you are subject to Special Registration, see Form AR-11 Special Registration.
Number of Pages: 1
Edition Date: 6/17/03, 11/07/02, 02/19/02, 10/11/00, 9/18/00 and 10/1/85 versions also acceptable however if using older versions, be sure to use addresses below or on the current AR-11
Where to File: The completed form should be mailed to:

U.S Department of Homeland Security
Bureau of Citizenship and Immigration
Change of Address
PO Box 7134
London, KY 40742-7134

This is the form the customer service senter told me to send to kentucky each time I moved. Please dnt tell me I have filed the wrong form each time

Folinskyinla

Hi:

The practice is to inform BOTH Kentucky and the local district where the application is pending. This can often be done by sending a copy of the AR-11 to the local district.

In Los Angeles, if a notice comes back marked "undeliverable" the CIS practice is to check the AR-11 database.

Matthew Udall

Actually, you are right on the money and I was going to post the same thing until I came across your reply. Practice pointer: Never rely on an AR-11 effecting your change of address with a local office "or" service center. I asked while at the CSC, and they said they don't get anything from KY when an AR-11 is filed, nor to they check with Kentucky.

Do the AR-11 because the law requires you to, but then also notify the given office in question about the change of address and cross your fingers that they update your address in the file and/or database.

Having an attorney of record provides a nice little safety net concerning this issue, as important correspondence (such as FP appt. letters, AOS interview appt. letters, approval or denial notices, etc) should be sent to both the attorney and client. That reduces the odds of a client missing some important event or deadline.

kittya2004

So the form that the USCIS told me to send to them so I can change my address is no good ( way to go ) okay so even though I have sent them and my address was never updated what do I do now. Do I still try and motion to have my case re open even though they didn't update my address until 2 days ago when I was standing at the counter?