wildestkabs

Thats what I think too. USCIS is not responsible for your mail delivery. Regardless of whether mail was sent to the right address and you *forgot* to go to your interview, or whether the mail was sent to the wrong address and you never got it, fact of the matter is that you missed the interview and are now out of status and in removal proceedings.

Contact a lawyer.

express

I found Staurt F. phone, and left him a message. However, he hasn't called me back yet.

my spouse and I are separate, but still filed jointly so i don't think that's the problem. I have a feeling that the reason would be that USCIS sent me interview notice or REF to my previous address which is their mistake. Even though it's not my mistake, i still have to pay $$$$ to hire attorney to clean up their mess. I wonder if I can ask USCIS to pay for my attorney's fee and settlement for emotion and stress damage if it's their mistake. mad:

wildestkabs

Don't assume. If there has been no investigation initiated already, you might get into trouble because of this. You should have gotten divorced and filed under a good faith waiver.

No, its not. Like I said, it is not their responsibility.

Just Jenney

You never answered the question: WHEN did you separate? Before or after you filing your I-751?

The fact that your spouse would be willing to perjure herself to help you commit immigration fraud is disturbing.


Income is not a factor with the I-751, it's not even considered. As for support documents -- yes, that could be the case.

Did you go through the ENTIRE procedure to update your address -- the first time as well as this time? If you don't know what that is, please read THIS POST.

And what if you're wrong? Let's pretend for the moment that you had received an interview notice. You don't think it would be a problem for you to show up and for you and your wife to lie to the interviewing officer, to commit immigration fraud? What if your wife has second thoughts and (does the right thing and) tells the truth -- that you're actually separated and have been for some time? What if she refuses to show up altogether? You don't think THAT would be a problem??

Wow, it's only 8.31am and I've already had a good laugh this morning. Thanks for that!

But seriously: You are making a lot of assumptions and, in my opinion, blaming USCIS for your own mistakes.

~ Jenney

wildestkabs

Jenney, the OP says, "my spouse and I are separate, but still filed jointly." Based on that, I made the assumption that he was separated when he filed the form - jointly.

wildestkabs

Prove what about your marriage? Would you be getting divorced before the hearing and your spouse will testify that the marriage was entered into in good faith, or will she testify that you are living very happily as a married couple, even though you are separated?

express

We are still married and not trying to lie to immigration. We just have problems in our relationship like everybody. we don't want to get a divorce yet because we hope that we can work thru the problems. My spouse is willing to go to the court w/ me to prove that our marriage is in good faith. I don't think this sititution is not common at all. I read plenty of posts are in similar stitutions.

I changed the address w/ USCIS and they sent the receipt number to me at the new address which proves that they have correct address all this time and attorney confirmed that. So, it's not my fault that if USCIS sent to the previous address.

From previous post:
"Thats what I think too. USCIS is not responsible for your mail delivery. Regardless of whether mail was sent to the right address and you *forgot* to go to your interview, or whether the mail was sent to the wrong address and you never got it...."

It is unfair that if it's USCIS set the mail to the wrong address and does not take the responsibility.

ian-mstm

USCIS sees things in black and white. Either you are living together or you are separated. If you filed the I-751 jointly when, in fact, you were separated... well, you're going to end up in deep shit!


Life isn't fair!

Ian

Just Jenney

You're still not answering the question. Did you separate BEFORE or AFTER you filed your I-751? It's not a difficult question.

You sent your I-751 to one of the four service centers. The service center sent you the receipt to your new (correct) address. However, you said you went to your local USCIS in person in February and were told that they DIDN'T have your new (correct) address on file. So obviously the service center had your correct address but your local USCIS did not. Which leads me back to the question: Did you follow ALL the steps to update your address? Especially this second attempt to update your address??

Remember that there are lots of different USCIS offices, and while your address might have been updated at one that doesn't mean it was updated everywhere. The onus is on the applicant and/or the financial sponsor(s) to ensure any address changes are updated thoroughly. This might seem unfair to you, but we're talking about a huge bureaucracy here that deals with millions of people's paperwork every day.

~ Jenney

express

New update for my case. Mine was denied due to abandoment. I'm confused about what are the options I can do. I talked to several attorneys and each one has different sayings.

Did you guys ever receive Notice to Appear? Did you receive the court date and go to immigration court?

On the letter it says

".... the petition is denied due to abandonment and the conditional residence status is terminated concurrently. This decision may not be appealed. However, the conditional resident may request a review of this decision before an Immigration Judge pursuant to 8C.F.R. 2164(d)(2). Please note that a Notice to Appear before an Immigration Judge will be issued and forwarded to you."


I received Notice to Appear without requesting it. No court date yet. Some attorneys said that it could take them 1 or + year to get the court date, some said would be within 90 days.

Attorney suggest to do motion to reopen and see what is going on...

Anyone has similar experiences?

MMA2002

Welcome to the club of USCIS not sending the mail to the right address - however in my case there was no "change in address" - they swapped a number and delayed our NOA and biometrics for over two months - nothing can be done and to even think that USCIS should "pay" is DREAMING!

kingfisher241049

http://www.wsba.org/media/publicatio...sciplinary.htm

http://pview.findlaw.com/view/3427290_1?noconfirm=0

Tracym

Oh dear.

Ray

very old news ....

Elvira

I think most of us here knew about those. I expect most lawyers who have been in business as long as he has have chalked up a few black marks here and there.

The fact that the AILA continues to ask him to lecture at their meetings speaks for itself.