married usc, applied aos, injured, divorced
Jan 24th 2009, 2:27 am
#16
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: married usc, applied aos, injured, divorced
Hi Rene,
I may be confused. Approved / interviewed. I know submitting an AOS is a waste at this time until we move our case out of the court. Perhaps you are right, the interview comes after we submit a 485. I thought though that our attorney suggested we would be called into an interview for the 130 to prove the bona fides of our marriage, since we married while in removal proceedings.
It was explained to me that my case would only be removed from the courts if we proved these bona fides through either a court hearing called a "Velarde" or through approval of an 130 and that they would likely call both of us in for an interview to provide the evidence of the bona fides. Either way, an approved 130 will apparently help in the removal of my case from court, and that is of course what need!
Cheers!
I may be confused. Approved / interviewed. I know submitting an AOS is a waste at this time until we move our case out of the court. Perhaps you are right, the interview comes after we submit a 485. I thought though that our attorney suggested we would be called into an interview for the 130 to prove the bona fides of our marriage, since we married while in removal proceedings.
It was explained to me that my case would only be removed from the courts if we proved these bona fides through either a court hearing called a "Velarde" or through approval of an 130 and that they would likely call both of us in for an interview to provide the evidence of the bona fides. Either way, an approved 130 will apparently help in the removal of my case from court, and that is of course what need!
Cheers!
I still don't know what the hell your case is truly about -- your description is somewhat at odds with Matter of Velarde. Also, I don't know where you are and what immigration judge you had -- I've heard of some weird interpretations.
Jan 24th 2009, 2:38 am
#17
London Canada to Atlanta
Thread Starter
Joined: Feb 2008
Location: Near Atlanta GA
Posts: 240
Re: married usc, applied aos, injured, divorced
Yes, we had an attorney represent us at the hearing. We fired her though because she did not seem to be prepared and did not have a strategy to deal with twists and turns and then we retained one of the best immigration litigators in the region who wrote our brief for appeal and tried several times to get the case remanded back to the court. Not that he felt this motion to remand would work, rather that he wanted to place more evidence into the appeal boards hands - information that we should have had the opportunity to present in court but were denied the opportunity. The first attorney did not get a word in and looked dumbfounded... as an e ample, the judge did not even seem to know I had remarried! She thought I was asking for a fourth 130 interview (her words and perhaps why I am confused about 130 approval / interview mentioned above).
Anyway. I think we have excellent representation now and everything will be fine. We just have to wait and pay...
Jan 24th 2009, 4:20 am
#18
London Canada to Atlanta
Thread Starter
Joined: Feb 2008
Location: Near Atlanta GA
Posts: 240
Re: married usc, applied aos, injured, divorced
I thought it was pretty clear really. My first marriage to a USC failed, I was placed in removal court and remarried while in proceedings. My new USC petitioned 130 before I was ordered to leave voluntarily and we appealed her decision. Meanwhile our 130 is chugging along at USCIS.
Feb 11th 2009, 8:44 am
#19
London Canada to Atlanta
Thread Starter
Joined: Feb 2008
Location: Near Atlanta GA
Posts: 240
Re: married usc, applied aos, injured, divorced
Here is what I have found. Normally you are right. 130s are generally adjudicated and approved without an interview, however, it is usual for an interview when married while in proceedings for removal. They will want to interview us to determine the validity of the petition.
Cheers!
