[email protected]

Hi everyone, I just found this group and thought I would try to get
some feedback.

I came to the U.S. on a student visa and graduated 2 years earlier than
I was supposed to. I called the national customer service and they told
me that it was ok to stay until the expiration date of my visa. Few
months before my visa expired, I was picked up by INS and told that I
overstayed and I was put in removal proceedings. I married my boyfriend
(Now husband) and got an attorney. They filed all the applications on
Jan 2004 (that's when we got married) The I-130 was pending for a long
time and after putting many Inquiries through the National Customer
Service I finally checked on the USCIS website and it says that they
have responded to it on 11/9. I don't know what to expect! Can someone
please give me an idea? Would it be a "Sit down and keep waiting" or an
approval, denial or interview? I don't think they would bother to
respond to the inquiry by saying sit down and keep waiting but I am
afraid!
Me and my husband married loving each other, but since I have not been
able to work, we fight way too much and he wants a divorce. I told him
to wait to see what the notice says and he says that he will and in the
case that it is for the interview or approval then I guess he will wait
for the individual hearing with a judge and then most likely we will
get a divorce. I am afraid that if we get a divorce right after I get
the GC (it would be the real one as we have been married for almost 2
years) they might deport me thinking that it is fraud. We did marry
because we love each other and I am very sad because he wants out. All
of our bills, lease, etc are in both our names.
Please help.

Folinskyinla

Hi:

Your case is beyond the scope of this NG. And you might be leaving some facts out. Do you have a work authorization or not? You don't say why you can't work.

Without way more in the way of facts, you won't get good advice and you won't get it on this NG.

[email protected]

I do not have work authorization because since I am on removal
proceedings, I am not entitled to it. I am not leaving any facts out.
I just want to know what can I expect to see in the mail as a response
to the I-130 inquiries that my husband and me have been making. The
I-130 is way outside processing times and they have finally responded
but on their website, they don't say what can I expect.

Just Jenney

From what you're saying, it sounds like all the website says is something like, "A response to your recent inquiry was sent to you on November 9, 2005." If that's the case, how is anyone here supposed to know anything beyond what YOU know?

You have an immigration lawyer -- what does he/she say? That should be the first person you should be asking. Or, simply wait until you get the response, probably some time next week.

On a more marriage-related note, if your husband wants a divorce because you're fighting, then it doesn't sound like it would make much difference what the response says. I mean, the fighting has to do with other things besides your immigration status. You say it's because you're not working -- but if he loves you, and if he knows you are out of status and in removal proceedings, surely he would understand that there's nothing you can do about that. From what you've said, it sound like otherwise, as long as you're working, everything would be great and he wouldn't want a divorce, and it's usually not so cut-and-dry. There must be more to it than that; just my $0.02.

In any case, I hope you get the response that you're looking for -- but no one here will be able to tell you what that is, unfortunately.

~ Jenney

Folinskyinla

Hi:

You give a "conclusion" rather than an answer. The statement that you can't get an EAD because you are in removal proceedings is not correct and makes no sense. Either there is a fact which you have ommitted or you haven't talked to your attorney about this.

[email protected]

For Folinskyinla, if you didn't know, when one is on removal
proceedings, there is no way you can get a work permit. In fact I
cannot even file an I-485. I have to wait until the I-130 is
adjudicated before sending the I-485 to the judge with whom me and my
husband would have the interview and then he would give me the GC on
the spot.

And yes, I am talking to my attorney and asking questions but many of
them remain unanswered. AND I AM NOT HIDING OR OMMITING ANY FACTS.

For Jenney and Mark I just thought that someone might have an idea of
what the response was going to say because it has happened to someone
else. My attorney told me that it was probably for an interview.

Well, to make a long story short, I got the letter from USCIS yesterday
and it says that the I-130 is "pending review" Any idea on how long
that takes?

and also there is nothing else going on on my marriage. Me and my hubby
fight because we are broke. He wants to divorce and move with his dad
so he can take care of some bills and save a little. Of course, I
cannot live with his dad as he lives in a 1-bedroom apt.

Just Jenney

As his signature mentions, Mr. Folinsky is an immigration attorney. He's been doing this for... how long? Thirty-five years? Something like that. He's one of the go-to guys for legal clarification on this board, even if his answers are a bit vague. That's because although he is an attorney, he is not the attorney of anyone on this board, so his answers have to be non-specific.

So, if Mr. Folinsky says someone in removal proceedings CAN get an EAD, there is knowledge behind that answer. Now, that doesn't mean that YOU can get an EAD -- but what he's saying is, generally speaking, being in removal proceedings does not automatically make someone ineligible for an EAD. (I personally don't know anything about the issue -- I'm just trying to clarify why Mr. Folinsky is saying to you.)

However, you obviously believe that YOU can't get an EAD, and you're basing that belief on something -- perhaps something your lawyer told you. And assuming that your lawyer told you that you can't get an EAD, there must be some other reason, besides being in removal proceedings, explaining why you can't. That's why Mr. Folinsky keeps saying that you must be leaving out some details here, because otherwise what you're saying doesn't make sense to him.

I'm sorry to hear about your troubles. I can relate, as my husband JUST got a job, even though he has been eligible to work since February 2004. In that time we have lived on my income alone and it has been extremely stressful.In fact, I have been out from work for over two months now due to anxiety and panic attacks brought on by this stress. My disability claim was denied (long story) and I am having to appeal, so the only income we have now is from Mark's $7.25/hour job. That has caused even MORE stress. The bills are mounting and it feels like the hole we are in just gets deeper and deeper every day. So believe me, I can and do understand what you're going through, and I hope everything turns out for the better for you very, very soon.

Best of luck.

~ Jenney

Rete

I'm just curious if your husband is a US Citizen and if so, why didn't you file the I-130 and the I-485 together instead of just filing the I-130. It is the I-485 in a marriage based adjustment that gives you the base for applying for an EAD.

As Mr. Folinskyinla stated, some facts are missing from your retelling of your situation and it is beyond a layperson's grasp of the intricacies of CIS law to even advise you.

As for your marital situation, that seems like a very strange reason to terminate a marriage, lack of funds. It is going to take funds to terminate it. Divorce filings are not cheap.

Wishing you luck.

Noorah101

Hi Sally,

Sorry you're having difficulties. I just wanted to say, if everything else in your marriage is going well, and it's only the financial aspect that is driving you guys apart, perhaps a divorce isn't really necessary. Perhaps you could both move in with his dad, and sleep on the floor in the living room. It might be difficult, but getting a divorce because hubby needs to pay bills sounds too harsh.

I hope you find the answers you need. Best Wishes,
Rene

Rete

Put dad on a futon or the sleep sofa and the couple take the bedroom. Anything and everything is surmountable.

bionomique

Good idea. The divorce would not appear to solve the financial load of hubby, at this time, anyway. Outside of the legal costs to terminate the marriage, I doubt any family judge would decide it appropriate for the him to leave his wife without the employment, without a home and without some sort of temporary support. In that regard, the proposal that only hubby consider bunking-up with Dad might not amass any savings at all. It could simply turn out to be hubby exchanging his wife for Dad as a room-mate.

[email protected]

Thank you all for your good wishes and thoughts.

For Rete: Once again, I was told by my attorney that since I am in
removal proceeding the I-485 cannot be filed. The I-130 must be
adjudicated and if approved, then the I-485 gets filed directly with
the judge who will then give me the GC on the spot (on a final
individual hearing with me and my husband)

For all others, yeah I guess we could all pile up at my husband's dad
1-bedroom apartment but that would completely destroy what's left of
the marriage and also any possible good and healthy relationship
between my husband and his dad and me and my father in law.

A divorce would not be expensive for us because my husband's mom is an
attorney and she would take care of it at least from my husband's side
and we do not have any kids or property. All we have is a whole bunch
of bills together that keep piling up.

All of the information that I have provided has been given to me by my
atty. If I cannot file an I-485 until the I-130 is approved, then how
am I supposed to file the I-765?

I have been married for almost 2 years and I don't even have a
conditional, is this normal? Originally the I-130 was filed in Nebraska
and then on Sept 2, 2004 they transferred it to California.

Noorah101

The way you describe it now, seems like more problems going on than just the bills. I'm sorry to hear that. You must be very frustrated.

Yes, that sounds normal. Since you have not yet had an AOS interview, you won't have any kind of PR status, whether conditional or not.

I hope things work out for you.
Best Wishes,
Rene

Desperate and Confused

Well, Noorah, what I mean is that if it is normal for the process to be
taking so long?

I know that is normal not to have any kind of GC w/o an interview, but
does it normally take this long for the I-130 to be adjudicated?

Noorah101

There really is no norm. For example, in Bakersfield, California, a couple got their AOS interview in 4 months. Some folks in NYC are still waiting even after 27 months. If you have added complications, which sounds like you might have, it's anyone's guess how long things can take to process.

Sorry I can't be of more help.

Rene