Originally Posted by wario75

We married in Jan 2009 (in UK) and filed the I-130 in Jan as well. We received NOA on 4 Feb stating the case has been received in Vermont. After 6 months had elapsed with no updates, we called the USCIS seeking an update. We were told that our case would be expedited and we should hear something within 45 days, which places us at 19 September. Well, still no updates....

I saw a recent post of another couple's I-130 taking 7 months for approval before it was passed to the NVC. I sure hope I get the approval notice within the next two months so I can join my wife end of year or January at the latest.

My case is unique in that I was living in the US previously, for almost 4 years. I originally arrived on a K-1, and then divorced my wife. My greencard just happened to arrive after my divorce. Though the card was erroneously issued, on my lawyer's advice I remained in the country, as it was technically a valid greencard. Unfortunately, after the card expired (it was a conditional 2 year card), I was unable to remove conditions myself, or effectively self sponsor. Just my luck of the draw I landed a not so nice USCIS officer. After the card expired I had no choice but to return to the UK, by then I had been in a relationship for several months with woman who is now my wife. So we've been doing the long distance thing since Feb 2008 - it's just been incredibly difficult for both of us, but we've somehow managed to stay sane and see each other every 3 months.

I really hope someone can tell me that my past won't create an issue in any way, as I was not involved in any deportation proceedings and I simply left when my greencard expired. I also hope that this entire process doesn't take any longer then 10 months as we can't bear to be apart much longer. Is there anyone who has just been through the hoops or at least gotten to the NVC stage?

Thanks!!

Originally Posted by Folinskyinla

Hi:

I already sent a PM to you off the other closed thread. But, I will summarize it here --

Your immigration history contains more than a whiff of past immigration fraud -- and this can poison the NEXT visa petition under section 204(c) of the Immigration & Nationality Act. I would not be surprised to see if your prior marriage gets investigated and people talk to both your ex- and current wife.

Also, your legal descriptions of your options are so, so wrong if you had had a bona-fide marriage on the K-1. Stockwell was issued in 1991 and has never been overruled. [I find the Heilman concurrence to be instructive]. Also, even the fact of post-divorce issuance would not invalidate the greencard IMHO. However, on that second point, I will concede that that issue has been one of contention -- but at least one court of appeals has ruled that a K-1 adjustment after divorce is just fine and dandy. See Choin v. Mukasey

IMHO, your having left may have really screwed up things badly. I hope I am wrong.

Originally Posted by wario75

Hi,

I followed the advise of my immigration lawyer from the period following my divorce to my eventual departure, so if I'm guilty of any immigration fraud then it's simply down to the advise I was given. My first wedding (based on the K1) was every bit bona fade, but it went horribly wrong unfortunately. This is my timeline:

Nov 2004: Filed AOS immediately after marriage.
Jun 2005: I filed for divorce
Sep 2005: Received final judgment and decree of divorce
Oct 2005: Submitted I-360 WAVA self petition
Oct 2005: USCIS made Prima Facie Determination of I-360 VAWA petition
Dec 2005: Received Conditional LPR
Jan 2006: Filed I-751 Petition to Remove Conditions on Residence based on bona fide marriage ending in divorce
Aug 2006: Receive intent to deny notice from USCIS re I-360 petition
Sep 2006: Responded to USCIS re. I-360 denial, notifying them of my intention to withdraw I-360 and will await decision upon pending I-751
Oct 2007: Receive letter from USCIS for I-751 interview. At the interview, my request to Remove Conditions on Residence denied, received I-551 passport stamp providing residency until Jan 22, 2008.
Feb 2008: Move back to UK

During the US, I met my present wife in May 2007, we got engaged in Nov 2008, and married in Jan 2009.

Basically, it all came down to me not being able to remove conditions on my greencard when the 2 year period ended (which was December 2007). With an expired greencard I had no right to remain in the country. It's just sad, given that I had already been in the US for over three years at that point.

I hope this better explains my case.

Originally Posted by meauxna

There are still 20,000 H-1Bs left for this year.. a third! There is no lottery this year. Of course, there's not a lot of jobs either...

An L-1 is nice; you still need to get to green card then, but you can do so through work or the marriage.

In London, the USC spouse may attend (you need to tell them beforehand but you'll get an oppt'y) but as JEff points out, she probably won't be allowed at the counter with you. For the entire 2.5 minutes of the interview, that is.

Originally Posted by meauxna

There are still 20,000 H-1Bs left for this year.. a third! There is no lottery this year. Of course, there's not a lot of jobs either...

An L-1 is nice; you still need to get to green card then, but you can do so through work or the marriage.

In London, the USC spouse may attend (you need to tell them beforehand but you'll get an oppt'y) but as JEff points out, she probably won't be allowed at the counter with you. For the entire 2.5 minutes of the interview, that is.

Originally Posted by Tonyuk

sent mine off in jan this year, got notice early feb, was approved and sent to nvc in april, maybe i just got lucky. Things get worsewhen NVC take over the rest of the case i864 i had to send off 3 times, first one they said was unsigned, second one i sent off apparantly never turned up, 3rd time lucky. I sent all 3 international signed for too, good luck with everything

Originally Posted by Folinskyinla

Hi:

I can tell you from experience that once a case gets the unpleasant aroma of what looks like visa fraud, the future applications are also problematical.

I hope I am wrong, but OP's case gives me bad vibes -- and I still can't fathom why he left the US. And if I have bad vibes, CIS will probably have bad vibes.

Originally Posted by wario75

Hi,

I've been going through my immigration files again. Following my divorce, I hired the services of immigration attorney to assist in preparation and submission of an I-360 WAVA petition and an I-485 permanent resident application (LPR application). I don't have any record of a NEW I-485 being filed (if that is where your suspicion lies), but I have following statement provided my attorney as part of the I-751 petition to removes conditions on residence:

"...after marriage he submitted an I-485 to adjust status to permanent resident. He remains in the US and received his LPR card in December 2005. It is noted prior to the I-485 being approved, [name] had submitted an I-360 as a self-petitioning spouse of a USC. An I-797, dated Oct 2005, advised prima facie finding that he qualified to file as a self-petitioner. Following that determination and filing, [name] was advised of the I-485 approval.

Since the underlying basis for eligibility for the I-485 was dissolved, form I-360 was filed to allow him to self-petition for an immediate relative classification"

I hope this is the missing piece which may have led to a misunderstanding of my case!

Thanks

As my timeline shows, I

Originally Posted by wario75

You're so lucky! That's VERY quick. I presume you are residing in the UK and your wife is in the UK? Those timelines seem as quick as s DCF filing.

Originally Posted by Folinskyinla

Hi:

I have no power to adjudicate your case. Also, the more you write here, the more confused I get. You have not written anything that "clears the air" so to speak. In fact, just the opposite.

Originally Posted by wario75

OK, I'll refrain from commenting further on my case! I've since had my ex-immigration attorney respond to an email I sent him seeking clarity.

Originally Posted by ian-mstm

I suggest you find a new immigration attorney... your former attorney gave you questionable advice which not only complicated your original situation, it now complicates your current situation. That you continue to rely on him for information is a bit mind boggling.

Ian

Originally Posted by wario75

so I can at least articulate it in clear legal parlance to someone else.