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Wife still doesn't have green card after 5 years.

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Old Oct 16th 2004, 12:47 am
  #1  
David Smith
Guest
 
Posts: n/a
Default Wife still doesn't have green card after 5 years.

My wife has been trying to get her green card for 5 years.

I was born in the USA, and have a U.S. passport. 6 years ago we
wanted to marry in her home country, but we had to get permission from
the U.S. consulate, and they told us to get a fiancee visa instead.
That was a big disappointment to her, because she wanted a wedding
with her family etc., but there was nothing we could do about it, so
we applied for the fiancee visa, and after we were married in the USA,
we applied for her green card, then waited about a year, went to her
fingerprint appointment, then waited a few more months, but then we
had to move because of my job. Immediately after we moved, we
notified the INS by mail of our new address. On their website we
found two places we were supposed to send the notice, one for her and
one for me as her sponsor. They sent us a receipt for mine, but none
for hers.

The INS somehow did not get her notice, and they denied her green card
application. They had scheduled the interview and sent the notice to
our old address, but it was delayed in forwarding, and we didn't
receive it till it was too late. We didn't know what to do, so we
started calling the INS and writing them letters. On the phone they
said we could have the case transferred to our new address, so we
wrote letters to them asking for that, but they didn't reply. We kept
writing, asking if they received our letters, but they kept ignoring
them. Finally, after a few years of phone calls and letter writing,
we decided to go see them in person and ask if they received our
letters. By that time we had moved again, twice, and each time they
sent me a receipt for my notice of change of address, but none to her
for hers. We had started sending all our letters certified after not
getting replies, but we still weren't getting replies.

The first person at USCIS who answered our questions in person
suggested we use the freedom of information act to find out about our
case. He also suggested my wife apply for an EAD, so she did that,
but it was denied and the application fee was wasted.

We used the freedom of information act, and after we got the
information, we went back to the USCIS again. This time it was a
different USCIS employee, and he said it was too late to do anything
about our case, because there is a one year deadline after being
denied to do anything about it. That was the first we ever heard of
any such deadline, and we still didn't get any answers as to why they
kept ignoring our letters. If they had answered the letters we might
have found out about the one year deadline before it was too late. It
was hard to get any meaningful information from that particular USCIS
employee, and we're not even sure whether to trust the information he
did give us. Is there really a one year deadline after being denied
to do anything about it?

Now my wife's K1 visa has been expired all these years, and we still
don't know what to do. We think the best thing to do might be to just
reapply and pay the fees again. But would that really work, and is
that the only way we can do it? Would her expired K1 visa be a
problem? We also have a problem with the affidavit of support. I had
reliable income when we first applied, so the first affidavit of
support was not a problem, but now I'm unemployed. Is there any way
we can still use the original affidavit of support so we wouldn't need
a cosponsor?

If we do reapply, should we do it exactly the same way, and give them
the exact same information, as if we were applying for the first time?
Or would it be a different kind of application to reapply?
 
Old Oct 16th 2004, 3:22 am
  #2  
FreddieN
Guest
 
Posts: n/a
Default Re: Wife still doesn't have green card after 5 years.

"David Smith" <[email protected]> wrote in message
news:[email protected] om...
    > My wife has been trying to get her green card for 5 years.
    > I was born in the USA, and have a U.S. passport. 6 years ago we
    > wanted to marry in her home country, but we had to get permission from
    > the U.S. consulate, and they told us to get a fiancee visa instead.
    > That was a big disappointment to her, because she wanted a wedding
    > with her family etc., but there was nothing we could do about it, so
    > we applied for the fiancee visa, and after we were married in the USA,
    > we applied for her green card, then waited about a year, went to her
    > fingerprint appointment, then waited a few more months, but then we
    > had to move because of my job. Immediately after we moved, we
    > notified the INS by mail of our new address. On their website we
    > found two places we were supposed to send the notice, one for her and
    > one for me as her sponsor. They sent us a receipt for mine, but none
    > for hers.
    > The INS somehow did not get her notice, and they denied her green card
    > application. They had scheduled the interview and sent the notice to
    > our old address, but it was delayed in forwarding, and we didn't
    > receive it till it was too late. We didn't know what to do, so we
    > started calling the INS and writing them letters. On the phone they
    > said we could have the case transferred to our new address, so we
    > wrote letters to them asking for that, but they didn't reply. We kept
    > writing, asking if they received our letters, but they kept ignoring
    > them. Finally, after a few years of phone calls and letter writing,
    > we decided to go see them in person and ask if they received our
    > letters. By that time we had moved again, twice, and each time they
    > sent me a receipt for my notice of change of address, but none to her
    > for hers. We had started sending all our letters certified after not
    > getting replies, but we still weren't getting replies.
    > The first person at USCIS who answered our questions in person
    > suggested we use the freedom of information act to find out about our
    > case. He also suggested my wife apply for an EAD, so she did that,
    > but it was denied and the application fee was wasted.
    > We used the freedom of information act, and after we got the
    > information, we went back to the USCIS again. This time it was a
    > different USCIS employee, and he said it was too late to do anything
    > about our case, because there is a one year deadline after being
    > denied to do anything about it. That was the first we ever heard of
    > any such deadline, and we still didn't get any answers as to why they
    > kept ignoring our letters. If they had answered the letters we might
    > have found out about the one year deadline before it was too late. It
    > was hard to get any meaningful information from that particular USCIS
    > employee, and we're not even sure whether to trust the information he
    > did give us. Is there really a one year deadline after being denied
    > to do anything about it?
    > Now my wife's K1 visa has been expired all these years, and we still
    > don't know what to do. We think the best thing to do might be to just
    > reapply and pay the fees again. But would that really work, and is
    > that the only way we can do it? Would her expired K1 visa be a
    > problem? We also have a problem with the affidavit of support. I had
    > reliable income when we first applied, so the first affidavit of
    > support was not a problem, but now I'm unemployed. Is there any way
    > we can still use the original affidavit of support so we wouldn't need
    > a cosponsor?
    > If we do reapply, should we do it exactly the same way, and give them
    > the exact same information, as if we were applying for the first time?
    > Or would it be a different kind of application to reapply?

Get an immigration attorney.
 
Old Oct 16th 2004, 3:41 am
  #3  
Hnchoksi
Guest
 
Posts: n/a
Default Re: Wife still doesn't have green card after 5 years.

    >Subject: Wife still doesn't have green card after 5 years.
    >From: [email protected] (David Smith)
    >Date: 10/16/2004 8:47 AM Eastern Standard Time
    >Message-id: <[email protected] >
    >My wife has been trying to get her green card for 5 years.
    >I was born in the USA, and have a U.S. passport. 6 years ago we
    >wanted to marry in her home country, but we had to get permission from
    >the U.S. consulate, and they told us to get a fiancee visa instead.
    >That was a big disappointment to her, because she wanted a wedding
    >with her family etc., but there was nothing we could do about it, so
    >we applied for the fiancee visa, and after we were married in the USA,
    >we applied for her green card, then waited about a year, went to her
    >fingerprint appointment, then waited a few more months, but then we
    >had to move because of my job. Immediately after we moved, we
    >notified the INS by mail of our new address. On their website we
    >found two places we were supposed to send the notice, one for her and
    >one for me as her sponsor. They sent us a receipt for mine, but none
    >for hers.
    >The INS somehow did not get her notice, and they denied her green card
    >application. They had scheduled the interview and sent the notice to
    >our old address, but it was delayed in forwarding, and we didn't
    >receive it till it was too late. We didn't know what to do, so we
    >started calling the INS and writing them letters. On the phone they
    >said we could have the case transferred to our new address, so we
    >wrote letters to them asking for that, but they didn't reply. We kept
    >writing, asking if they received our letters, but they kept ignoring
    >them. Finally, after a few years of phone calls and letter writing,
    >we decided to go see them in person and ask if they received our
    >letters. By that time we had moved again, twice, and each time they
    >sent me a receipt for my notice of change of address, but none to her
    >for hers. We had started sending all our letters certified after not
    >getting replies, but we still weren't getting replies.
    >The first person at USCIS who answered our questions in person
    >suggested we use the freedom of information act to find out about our
    >case. He also suggested my wife apply for an EAD, so she did that,
    >but it was denied and the application fee was wasted.
    >We used the freedom of information act, and after we got the
    >information, we went back to the USCIS again. This time it was a
    >different USCIS employee, and he said it was too late to do anything
    >about our case, because there is a one year deadline after being
    >denied to do anything about it. That was the first we ever heard of
    >any such deadline, and we still didn't get any answers as to why they
    >kept ignoring our letters. If they had answered the letters we might
    >have found out about the one year deadline before it was too late. It
    >was hard to get any meaningful information from that particular USCIS
    >employee, and we're not even sure whether to trust the information he
    >did give us. Is there really a one year deadline after being denied
    >to do anything about it?
    >Now my wife's K1 visa has been expired all these years, and we still
    >don't know what to do. We think the best thing to do might be to just
    >reapply and pay the fees again. But would that really work, and is
    >that the only way we can do it? Would her expired K1 visa be a
    >problem? We also have a problem with the affidavit of support. I had
    >reliable income when we first applied, so the first affidavit of
    >support was not a problem, but now I'm unemployed. Is there any way
    >we can still use the original affidavit of support so we wouldn't need
    >a cosponsor?
    >If we do reapply, should we do it exactly the same way, and give them
    >the exact same information, as if we were applying for the first time?
    > Or would it be a different kind of application to reapply?

You waited five years and it did not occur to you to hire an attorney or
contact your congressman? This looks like a clear case for your local
congressman's office to handle. Give them a call.
 
Old Oct 16th 2004, 4:47 am
  #4  
 
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Default Re: Wife still doesn't have green card after 5 years.

Originally Posted by David Smith
My wife has been trying to get her green card for 5 years.
<snip>
If we do reapply, should we do it exactly the same way
Since the first time has turned out so badly, I can't see why you'd want to do it the same way again.
You've been letting your wife languish with NO status for 5 years? Geez, the woman could be applying for Naturalization by now. Hire an AILA attorney and get this mess straightened out. Why flounder around longer because you don't understand the ins and outs... that's why we hire professionals when necessary.
meauxna is offline  
Old Oct 16th 2004, 6:50 am
  #5  
Olivier Wagner
Guest
 
Posts: n/a
Default Re: Wife still doesn't have green card after 5 years.

the fact that her visa expired shouldn't be a problem (but she can't
leave the country until she has an advance parole, or would be unable
to come back).
Apply again from the beguinning (apply for an EAD if she wants to work
and an advance parole if she wants to travel).
USE A RELIABLE ADDRESS.
If you plan to move again, don't use you address, use you parent's (or
friend...) address instead.

[email protected] (David Smith) wrote in message news:<[email protected]. com>...
    > My wife has been trying to get her green card for 5 years.
    >
    > I was born in the USA, and have a U.S. passport. 6 years ago we
    > wanted to marry in her home country, but we had to get permission from
    > the U.S. consulate, and they told us to get a fiancee visa instead.
    > That was a big disappointment to her, because she wanted a wedding
    > with her family etc., but there was nothing we could do about it, so
    > we applied for the fiancee visa, and after we were married in the USA,
    > we applied for her green card, then waited about a year, went to her
    > fingerprint appointment, then waited a few more months, but then we
    > had to move because of my job. Immediately after we moved, we
    > notified the INS by mail of our new address. On their website we
    > found two places we were supposed to send the notice, one for her and
    > one for me as her sponsor. They sent us a receipt for mine, but none
    > for hers.
    >
    > The INS somehow did not get her notice, and they denied her green card
    > application. They had scheduled the interview and sent the notice to
    > our old address, but it was delayed in forwarding, and we didn't
    > receive it till it was too late. We didn't know what to do, so we
    > started calling the INS and writing them letters. On the phone they
    > said we could have the case transferred to our new address, so we
    > wrote letters to them asking for that, but they didn't reply. We kept
    > writing, asking if they received our letters, but they kept ignoring
    > them. Finally, after a few years of phone calls and letter writing,
    > we decided to go see them in person and ask if they received our
    > letters. By that time we had moved again, twice, and each time they
    > sent me a receipt for my notice of change of address, but none to her
    > for hers. We had started sending all our letters certified after not
    > getting replies, but we still weren't getting replies.
    >
    > The first person at USCIS who answered our questions in person
    > suggested we use the freedom of information act to find out about our
    > case. He also suggested my wife apply for an EAD, so she did that,
    > but it was denied and the application fee was wasted.
    >
    > We used the freedom of information act, and after we got the
    > information, we went back to the USCIS again. This time it was a
    > different USCIS employee, and he said it was too late to do anything
    > about our case, because there is a one year deadline after being
    > denied to do anything about it. That was the first we ever heard of
    > any such deadline, and we still didn't get any answers as to why they
    > kept ignoring our letters. If they had answered the letters we might
    > have found out about the one year deadline before it was too late. It
    > was hard to get any meaningful information from that particular USCIS
    > employee, and we're not even sure whether to trust the information he
    > did give us. Is there really a one year deadline after being denied
    > to do anything about it?
    >
    > Now my wife's K1 visa has been expired all these years, and we still
    > don't know what to do. We think the best thing to do might be to just
    > reapply and pay the fees again. But would that really work, and is
    > that the only way we can do it? Would her expired K1 visa be a
    > problem? We also have a problem with the affidavit of support. I had
    > reliable income when we first applied, so the first affidavit of
    > support was not a problem, but now I'm unemployed. Is there any way
    > we can still use the original affidavit of support so we wouldn't need
    > a cosponsor?
    >
    > If we do reapply, should we do it exactly the same way, and give them
    > the exact same information, as if we were applying for the first time?
    > Or would it be a different kind of application to reapply?
 
Old Oct 16th 2004, 10:39 am
  #6  
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Default Re: Wife still doesn't have green card after 5 years.

Nice ... tell the woman to get an AP when she is clearly in overstay for more than 180 days. Her AOS after five years is surely considered abandoned but it is unclear on what date it was formally considered abandoned.

Don't understand why people don't find out the facts before moving. The change of address to the office in Kentucky is for their use only. It is not shared with the district offices. The thing is that when you move you send the foreign spouse's address change to Kentucky with a letter to the old district office asking to transfer the file to the new district office and then you go to the new district office with a copy of that letter and ask them if your file has arrived. It is a pain in the butt but it is the only way to make things work. The only other way is to use an address of a person who doesn't float the globe annually and/or hire an immigration attorney who will be sent a copy of all correspondence sent to the foreign spouse.

Get an ALIA attorney quickly and get your wife back in status. You have murked up her life thoroughly and now is the time to clean up problem.

Rete

Originally Posted by Olivier Wagner
the fact that her visa expired shouldn't be a problem (but she can't
leave the country until she has an advance parole, or would be unable
to come back).
Apply again from the beguinning (apply for an EAD if she wants to work
and an advance parole if she wants to travel).
USE A RELIABLE ADDRESS.
If you plan to move again, don't use you address, use you parent's (or
friend...) address instead.

[email protected] (David Smith) wrote in message news:<[email protected]. com>...
    > My wife has been trying to get her green card for 5 years.
    >
    > I was born in the USA, and have a U.S. passport. 6 years ago we
    > wanted to marry in her home country, but we had to get permission from
    > the U.S. consulate, and they told us to get a fiancee visa instead.
    > That was a big disappointment to her, because she wanted a wedding
    > with her family etc., but there was nothing we could do about it, so
    > we applied for the fiancee visa, and after we were married in the USA,
    > we applied for her green card, then waited about a year, went to her
    > fingerprint appointment, then waited a few more months, but then we
    > had to move because of my job. Immediately after we moved, we
    > notified the INS by mail of our new address. On their website we
    > found two places we were supposed to send the notice, one for her and
    > one for me as her sponsor. They sent us a receipt for mine, but none
    > for hers.
    >
    > The INS somehow did not get her notice, and they denied her green card
    > application. They had scheduled the interview and sent the notice to
    > our old address, but it was delayed in forwarding, and we didn't
    > receive it till it was too late. We didn't know what to do, so we
    > started calling the INS and writing them letters. On the phone they
    > said we could have the case transferred to our new address, so we
    > wrote letters to them asking for that, but they didn't reply. We kept
    > writing, asking if they received our letters, but they kept ignoring
    > them. Finally, after a few years of phone calls and letter writing,
    > we decided to go see them in person and ask if they received our
    > letters. By that time we had moved again, twice, and each time they
    > sent me a receipt for my notice of change of address, but none to her
    > for hers. We had started sending all our letters certified after not
    > getting replies, but we still weren't getting replies.
    >
    > The first person at USCIS who answered our questions in person
    > suggested we use the freedom of information act to find out about our
    > case. He also suggested my wife apply for an EAD, so she did that,
    > but it was denied and the application fee was wasted.
    >
    > We used the freedom of information act, and after we got the
    > information, we went back to the USCIS again. This time it was a
    > different USCIS employee, and he said it was too late to do anything
    > about our case, because there is a one year deadline after being
    > denied to do anything about it. That was the first we ever heard of
    > any such deadline, and we still didn't get any answers as to why they
    > kept ignoring our letters. If they had answered the letters we might
    > have found out about the one year deadline before it was too late. It
    > was hard to get any meaningful information from that particular USCIS
    > employee, and we're not even sure whether to trust the information he
    > did give us. Is there really a one year deadline after being denied
    > to do anything about it?
    >
    > Now my wife's K1 visa has been expired all these years, and we still
    > don't know what to do. We think the best thing to do might be to just
    > reapply and pay the fees again. But would that really work, and is
    > that the only way we can do it? Would her expired K1 visa be a
    > problem? We also have a problem with the affidavit of support. I had
    > reliable income when we first applied, so the first affidavit of
    > support was not a problem, but now I'm unemployed. Is there any way
    > we can still use the original affidavit of support so we wouldn't need
    > a cosponsor?
    >
    > If we do reapply, should we do it exactly the same way, and give them
    > the exact same information, as if we were applying for the first time?
    > Or would it be a different kind of application to reapply?
Rete is offline  
Old Oct 16th 2004, 11:40 am
  #7  
Olivier Wagner
Guest
 
Posts: n/a
Default Re: Wife still doesn't have green card after 5 years.

Yes, that's right, contacting your congressman may be the quickest way
to solve the situation (and save you some fees).
Why didn't I think about it earlier ?

[email protected]ojunk (Hnchoksi) wrote in message news:<[email protected]>...
    > >Subject: Wife still doesn't have green card after 5 years.
    > >From: [email protected] (David Smith)
    > >Date: 10/16/2004 8:47 AM Eastern Standard Time
    > >Message-id: <[email protected] >
    > >
    > >My wife has been trying to get her green card for 5 years.
    > >
    > >I was born in the USA, and have a U.S. passport. 6 years ago we
    > >wanted to marry in her home country, but we had to get permission from
    > >the U.S. consulate, and they told us to get a fiancee visa instead.
    > >That was a big disappointment to her, because she wanted a wedding
    > >with her family etc., but there was nothing we could do about it, so
    > >we applied for the fiancee visa, and after we were married in the USA,
    > >we applied for her green card, then waited about a year, went to her
    > >fingerprint appointment, then waited a few more months, but then we
    > >had to move because of my job. Immediately after we moved, we
    > >notified the INS by mail of our new address. On their website we
    > >found two places we were supposed to send the notice, one for her and
    > >one for me as her sponsor. They sent us a receipt for mine, but none
    > >for hers.
    > >
    > >The INS somehow did not get her notice, and they denied her green card
    > >application. They had scheduled the interview and sent the notice to
    > >our old address, but it was delayed in forwarding, and we didn't
    > >receive it till it was too late. We didn't know what to do, so we
    > >started calling the INS and writing them letters. On the phone they
    > >said we could have the case transferred to our new address, so we
    > >wrote letters to them asking for that, but they didn't reply. We kept
    > >writing, asking if they received our letters, but they kept ignoring
    > >them. Finally, after a few years of phone calls and letter writing,
    > >we decided to go see them in person and ask if they received our
    > >letters. By that time we had moved again, twice, and each time they
    > >sent me a receipt for my notice of change of address, but none to her
    > >for hers. We had started sending all our letters certified after not
    > >getting replies, but we still weren't getting replies.
    > >
    > >The first person at USCIS who answered our questions in person
    > >suggested we use the freedom of information act to find out about our
    > >case. He also suggested my wife apply for an EAD, so she did that,
    > >but it was denied and the application fee was wasted.
    > >
    > >We used the freedom of information act, and after we got the
    > >information, we went back to the USCIS again. This time it was a
    > >different USCIS employee, and he said it was too late to do anything
    > >about our case, because there is a one year deadline after being
    > >denied to do anything about it. That was the first we ever heard of
    > >any such deadline, and we still didn't get any answers as to why they
    > >kept ignoring our letters. If they had answered the letters we might
    > >have found out about the one year deadline before it was too late. It
    > >was hard to get any meaningful information from that particular USCIS
    > >employee, and we're not even sure whether to trust the information he
    > >did give us. Is there really a one year deadline after being denied
    > >to do anything about it?
    > >
    > >Now my wife's K1 visa has been expired all these years, and we still
    > >don't know what to do. We think the best thing to do might be to just
    > >reapply and pay the fees again. But would that really work, and is
    > >that the only way we can do it? Would her expired K1 visa be a
    > >problem? We also have a problem with the affidavit of support. I had
    > >reliable income when we first applied, so the first affidavit of
    > >support was not a problem, but now I'm unemployed. Is there any way
    > >we can still use the original affidavit of support so we wouldn't need
    > >a cosponsor?
    > >
    > >If we do reapply, should we do it exactly the same way, and give them
    > >the exact same information, as if we were applying for the first time?
    > > Or would it be a different kind of application to reapply?
    > >
    > >
    >
    > You waited five years and it did not occur to you to hire an attorney or
    > contact your congressman? This looks like a clear case for your local
    > congressman's office to handle. Give them a call.
 
Old Oct 16th 2004, 4:26 pm
  #8  
Mikko Peltoniemi
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Default Re: Wife still doesn't have green card after 5 years.

Olivier Wagner wrote:

    > Yes, that's right, contacting your congressman may be the quickest way
    > to solve the situation (and save you some fees).
    > Why didn't I think about it earlier ?

Contacting the office of a congressman is a good way to fix things.
I did that once, after trying twice to get the address corrected with
INS so I could get my OPT card.

It didn't take too long after contacting the office (I think it
was Barbara Boxer of California), when I got my card to the new address.

Lost a few months of time I could've been working though, and they
didn't even give me any additional time for that. The OPT card
was valid for only 9 months, instead of full 12. Oh well...

--
Mikko Peltoniemi
Film & Video Editor, Avid Technician at large.
http://editor.is.dreaming.org
 
Old Oct 24th 2004, 2:49 am
  #9  
David Smith
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Default Re: Wife still doesn't have green card after 5 years.

Mikko Peltoniemi <[email protected]> wrote in message news:<[email protected]>...
    > Olivier Wagner wrote:
    >
    > > Yes, that's right, contacting your congressman may be the quickest way
    > > to solve the situation (and save you some fees).
    > > Why didn't I think about it earlier ?
    >
    > Contacting the office of a congressman is a good way to fix things.
    > I did that once, after trying twice to get the address corrected with

We contacted the "immigration help center" in our senator's office.
The lady in that office said the USCIS was right and we did everything
wrong. She seemed to imply the USCIS had no obligation to answer
letters from applicants, and that we should have known in advance that
we had to go there in person, and that our letters would just be
ignored, even the ones sent certified. I don't see how we could have
known that. The USCIS is always slow, and it seemed reasonable to
assume that they were just slow to answer our letters. Where in any
of the forms or instructions, or anywhere on their website, does it
say they won't answer letters?

Anyway, the lady also said there is nothing we can do but reapply.
And she said we might not even be able to get the EAD when we reapply,
because it was already denied.

The problem is that I'm unemployed, and we're going to have to find
cosponsors to reapply. We now have two kids and need more money. We
both need jobs, but my wife won't be able to get one unless she gets
her EAD. We're also having trouble finding cosponsors. Cosponsoring
is a big responsibility, and we aren't good risks because I'm
unemployed and my next job might not last long. The salaries and job
stability in my profession nosedived during the recent recession, and
it's reached the point where I'm lucky to get any work at all, even
for a very short time, at any pay rate at all. We've used up most of
my retirement account paying our bills while I was trying to get more
work.

Should we wait till we have cosponsors before we reapply? Is there
any risk that my wife might get deported?

What about immigration attorneys? Other people who replied in this
thread mentioned them. How much do they cost? Are they likely to be
more helpful than our senator's office was? My main concern about
attorneys is that they cost money and we're struggling just to pay our
monthly bills from what's left of my retirement account and whatever
temporary work I can get. But if we can get a good attorney without
paying a big retainer or anything, that might be just what we need.
What I'm most worried about is that the attorney would charge big fees
and not do anything useful, and we would end up bankrupt and homeless
because of the attorney fees. A number of years ago I hired an
attorney because of a problem with a business I owned then. That
attorney turned out to be totally incompetent and with a bad attitude,
and never solved my problem, but just kept charging me fees. So I'm
reluctant to take the plunge into another relationship with an
attorney, unless I'm sure I'm doing it right and can afford it.
 
Old Oct 24th 2004, 4:50 am
  #10  
Hnchoksi
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Posts: n/a
Default Re: Wife still doesn't have green card after 5 years.

    >Subject: Re: Wife still doesn't have green card after 5 years.
    >From: [email protected] (David Smith)
    >Date: 10/24/2004 10:49 AM Eastern Standard Time
    >Message-id: <[email protected] >
    >Mikko Peltoniemi <[email protected]> wrote in message
    >news:<[email protected]>...
    >> Olivier Wagner wrote:
    >>
    >> > Yes, that's right, contacting your congressman may be the quickest way
    >> > to solve the situation (and save you some fees).
    >> > Why didn't I think about it earlier ?
    >>
    >> Contacting the office of a congressman is a good way to fix things.
    >> I did that once, after trying twice to get the address corrected with
    >We contacted the "immigration help center" in our senator's office.
    >The lady in that office said the USCIS was right and we did everything
    >wrong. She seemed to imply the USCIS had no obligation to answer
    >letters from applicants, and that we

The advice was to contact your local congressman, i.e., representative... not
a Senator...
 
Old Oct 24th 2004, 7:08 am
  #11  
Account Closed
 
Joined: Mar 2004
Posts: 2
scrubbedexpat099 is an unknown quantity at this point
Default Re: Wife still doesn't have green card after 5 years.

I do not know about having to re-apply, but it does sound like you will need a co-sponser no matter what as it appears unlikely that you will be able to show adequate income when you reach the AoS interview.

There is good and bad legal representation, sounds like you need some good as I find it hard to believe that there will be somebody on this board who will know all the answers to your predicament.

www.ailia.org is the site for immigration lawyers, I am sure that there are some better than others.
scrubbedexpat099 is offline  
Old Oct 24th 2004, 2:38 pm
  #12  
Tariq
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Posts: n/a
Default Re: Wife still doesn't have green card after 5 years.

I agree with the last person who posted a response. In order to save
money, you have lost precious time trying to do things yourself. Your
wife is illegal and if she leaves will be barred from reentering. So
the last thing she should be doing is traveling. Fix this first, get
her the green card, then celebrate with a vacation overseas. Hire an
experienced attorney. The money you spend will be well worth the time
you save. This will be easier than repeatedly writing letters and
contacting different officers who will give you different answers.
 
Old Oct 25th 2004, 7:09 am
  #13  
Sylvia Ottemoeller
Guest
 
Posts: n/a
Default Re: Wife still doesn't have green card after 5 years.

"David Smith" <[email protected]> wrote in message
news:[email protected] om...

    > Mikko Peltoniemi <[email protected]> wrote in message
news:<[email protected]>...

    > > Olivier Wagner wrote:
    > >
    > > > Yes, that's right, contacting your congressman may be the quickest way
    > > > to solve the situation (and save you some fees).
    > > > Why didn't I think about it earlier ?
    > >
    > > Contacting the office of a congressman is a good way to fix things.
    > > I did that once, after trying twice to get the address corrected with
    > We contacted the "immigration help center" in our senator's office.

I would have suggested the office of the Member of the House of
Representatives, who is usually more in tune with the local area, and less
busy than the Senator. However, the outcome may not have been all that
different. There are some things that a Congressperson cannot do anything
about.

    > The lady in that office said the USCIS was right and we did everything
    > wrong. She seemed to imply the USCIS had no obligation to answer
    > letters from applicants, and that we should have known in advance that
    > we had to go there in person, and that our letters would just be
    > ignored, even the ones sent certified. I don't see how we could have
    > known that.

You would have needed a sort of common-sense, street-smart, knowledge of how
the world is, particularly how huge, underfunded bureaucracies operate.
USCIS is not going to put in writing that it does not respond to mail.

The USCIS is always slow, and it seemed reasonable to
    > assume that they were just slow to answer our letters.

For years??

Where in any
    > of the forms or instructions, or anywhere on their website, does it
    > say they won't answer letters?

The website does give information about usual processing times. If your
time is beyond the usual processing time, you need to do something about it.

    > Anyway, the lady also said there is nothing we can do but reapply.
    > And she said we might not even be able to get the EAD when we reapply,
    > because it was already denied.

The EAD was probably denied because there was no longer a pending I-485 (it
had been denied). When an I-485 is properly filed and pending, I think it's
likely that the application for EAD will be approved.

    > The problem is that I'm unemployed, and we're going to have to find
    > cosponsors to reapply. We now have two kids and need more money. We
    > both need jobs, but my wife won't be able to get one unless she gets
    > her EAD. We're also having trouble finding cosponsors. Cosponsoring
    > is a big responsibility, and we aren't good risks because I'm
    > unemployed and my next job might not last long. The salaries and job
    > stability in my profession nosedived during the recent recession, and
    > it's reached the point where I'm lucky to get any work at all, even
    > for a very short time, at any pay rate at all. We've used up most of
    > my retirement account paying our bills while I was trying to get more
    > work.

You may not be able to get the exact type of work that you want, but how
about just working to bring in some money?

    > Should we wait till we have cosponsors before we reapply?

You may have to. The I-485 will probably not be accepted without showing
adequate income up front. You can get a temporary job, and file with a
letter from that employer before the job is over. Your wife can get an EAD
within a couple of months and start working. By the time of the interview,
you could have at least another tempory job which allows you to show another
employment letter, and you'll have your wife's income as well.

Is there
    > any risk that my wife might get deported?

That's hard to say. For all you know, deportation proceedings may have been
started somewhere. After all, your wife had an I-485 denied. The denied
I-485 usually goes to the deportation unit.

    > What about immigration attorneys? Other people who replied in this
    > thread mentioned them. How much do they cost? Are they likely to be
    > more helpful than our senator's office was? My main concern about
    > attorneys is that they cost money and we're struggling just to pay our
    > monthly bills from what's left of my retirement account and whatever
    > temporary work I can get. But if we can get a good attorney without
    > paying a big retainer or anything, that might be just what we need.

Here are referrals to low-cost or free legal services:
http://uscis.gov/graphics/lawsregs/advice.htm. Usually Catholic Charities
and Lutheran Social Services have some type of immigration guidance
available for low income people.

    > What I'm most worried about is that the attorney would charge big fees
    > and not do anything useful, and we would end up bankrupt and homeless
    > because of the attorney fees.

How much money can your wife earn? In a couple of months (unless she is
totally unskilled), she could probably earn the amount of the attorney fees
needed to address the problems of the previous denial, and prepare and file
another I-130/1-485 package, if necessary. You seem to be penny-wise and
pound-foolish.

A number of years ago I hired an
    > attorney because of a problem with a business I owned then. That
    > attorney turned out to be totally incompetent and with a bad attitude,
    > and never solved my problem, but just kept charging me fees.

Did you get some good referrals for that attorney? Attorneys usually can't
hide the fact that they are totally incompetent and have a bad attitude.

So I'm
    > reluctant to take the plunge into another relationship with an
    > attorney, unless I'm sure I'm doing it right and can afford it.
 

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