Best Friend Inteview chicago next week/Husband not a resident?
Sep 16th 2006, 12:46 pm
#1
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Best Friend Inteview chicago next week/Husband not a resident?
Any advice to give to my friend who is going insane.
She has an interview next week in Chicago she applied for the VAWA and the petition was approved pending the 1-485.
She has just found out that her ex husband when I say ex he they are not yet completely divorced, is only a CPR ?.
What will happen? to her she cannot understand why they approved the 1-360 when he was not a qualified sponser? (she was not aware of the fact)
He entered the US on a work visa which type I have no idea?
She is still going to the interview with her lawyer who seems to be not much help in the matter, or the lawyer would of found out this vital fact in the beginning before it got to the interview process, why the heck did they approve the 1-360 when she was not even married to a US Resident or Citizen?
She is beside herself what to say or do at the interview, I told her to just tell the truth and let them decide but I don't feel very confident for her, she said what if they don't realise he is not a Resident? should she mention it or let it go.
Poor girl if there is any advice please, and I will let you know the out come next week.
She has an interview next week in Chicago she applied for the VAWA and the petition was approved pending the 1-485.
She has just found out that her ex husband when I say ex he they are not yet completely divorced, is only a CPR ?.
What will happen? to her she cannot understand why they approved the 1-360 when he was not a qualified sponser? (she was not aware of the fact)
He entered the US on a work visa which type I have no idea?
She is still going to the interview with her lawyer who seems to be not much help in the matter, or the lawyer would of found out this vital fact in the beginning before it got to the interview process, why the heck did they approve the 1-360 when she was not even married to a US Resident or Citizen?
She is beside herself what to say or do at the interview, I told her to just tell the truth and let them decide but I don't feel very confident for her, she said what if they don't realise he is not a Resident? should she mention it or let it go.
Poor girl if there is any advice please, and I will let you know the out come next week.
Sep 16th 2006, 12:59 pm
#2
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Joined: Apr 2001
Posts: 46,402
Re: Best Friend Inteview chicago next week/Husband not a resident?
CPR = Conditional Permanent Resident. He is a US Permanent Resident.
Question though how he is a CPR if his residency was applied for and granted based on a work visa.
Question though how he is a CPR if his residency was applied for and granted based on a work visa.
Originally Posted by whiskers
Any advice to give to my friend who is going insane.
She has an interview next week in Chicago she applied for the VAWA and the petition was approved pending the 1-485.
She has just found out that her ex husband when I say ex he they are not yet completely divorced, is only a CPR ?.
What will happen? to her she cannot understand why they approved the 1-360 when he was not a qualified sponser? (she was not aware of the fact)
He entered the US on a work visa which type I have no idea?
She is still going to the interview with her lawyer who seems to be not much help in the matter, or the lawyer would of found out this vital fact in the beginning before it got to the interview process, why the heck did they approve the 1-360 when she was not even married to a US Resident or Citizen?
She is beside herself what to say or do at the interview, I told her to just tell the truth and let them decide but I don't feel very confident for her, she said what if they don't realise he is not a Resident? should she mention it or let it go.
Poor girl if there is any advice please, and I will let you know the out come next week.
She has an interview next week in Chicago she applied for the VAWA and the petition was approved pending the 1-485.
She has just found out that her ex husband when I say ex he they are not yet completely divorced, is only a CPR ?.
What will happen? to her she cannot understand why they approved the 1-360 when he was not a qualified sponser? (she was not aware of the fact)
He entered the US on a work visa which type I have no idea?
She is still going to the interview with her lawyer who seems to be not much help in the matter, or the lawyer would of found out this vital fact in the beginning before it got to the interview process, why the heck did they approve the 1-360 when she was not even married to a US Resident or Citizen?
She is beside herself what to say or do at the interview, I told her to just tell the truth and let them decide but I don't feel very confident for her, she said what if they don't realise he is not a Resident? should she mention it or let it go.
Poor girl if there is any advice please, and I will let you know the out come next week.
Sep 16th 2006, 1:16 pm
#3
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Re: Best Friend Inteview chicago next week/Husband not a resident?
Originally Posted by Rete
CPR = Conditional Permanent Resident. He is a US Permanent Resident.
Question though how he is a CPR if his residency was applied for and granted based on a work visa.
Question though how he is a CPR if his residency was applied for and granted based on a work visa.
Thanks Rete I am confused then I thought that to sponser another person you had to have your 10 years green card not the 2 years one that is issued prior to the removal of conditions?
Thats assuming that she has here facts right.
Sep 16th 2006, 1:52 pm
#4
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Posts: 4,316
Re: Best Friend Inteview chicago next week/Husband not a resident?
Did the (ex-)husband tell her that he was a USC? No offense to your friend, but I find it very odd that someone can not know what their spouse's nationality is.
How long have they been married? If he's a CPR at this point, then he would have only been granted that status within the last two years, perhaps a little bit more. Were they married 2½-3 years ago when he had his AOS interview? Did he do all of this in secret?
Just curious about how this scenario actually came to be...
Also, if she has proof that he lied about being a USC -- signing a document of some kind, etc. -- whether that could affect his own immigration efforts?
~ Jenney
How long have they been married? If he's a CPR at this point, then he would have only been granted that status within the last two years, perhaps a little bit more. Were they married 2½-3 years ago when he had his AOS interview? Did he do all of this in secret?
Just curious about how this scenario actually came to be...
Also, if she has proof that he lied about being a USC -- signing a document of some kind, etc. -- whether that could affect his own immigration efforts?
~ Jenney
Sep 16th 2006, 2:04 pm
#5
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Re: Best Friend Inteview chicago next week/Husband not a resident?
Originally Posted by Jenney & Mark
Did the (ex-)husband tell her that he was a USC? No offense to your friend, but I find it very odd that someone can not know what their spouse's nationality is.
How long have they been married? If he's a CPR at this point, then he would have only been granted that status within the last two years, perhaps a little bit more. Were they married 2½-3 years ago when he had his AOS interview? Did he do all of this in secret?
Just curious about how this scenario actually came to be...
Also, if she has proof that he lied about being a USC -- signing a document of some kind, etc. -- whether that could affect his own immigration efforts?
~ Jenney
How long have they been married? If he's a CPR at this point, then he would have only been granted that status within the last two years, perhaps a little bit more. Were they married 2½-3 years ago when he had his AOS interview? Did he do all of this in secret?
Just curious about how this scenario actually came to be...
Also, if she has proof that he lied about being a USC -- signing a document of some kind, etc. -- whether that could affect his own immigration efforts?
~ Jenney
Is it possible that this guy entered on a work visa (maybe an L1 or and H1b), got married to a USC at some point, but never removed the conditions, got divorced and then married the OP's friend?
However, I'm a little surprised that he was able to hide his status all this time. Did he not have to produce a birth cirtificate or passport when they got married? And don't both spouses have to fill in a biography-form (I-865?) at some point during the non-USC's AOS process?
Weird!
I guess if it were me I'd 'put my affairs in order', just in case... I hope there are no children involved.
Sep 16th 2006, 2:07 pm
#6
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Re: Best Friend Inteview chicago next week/Husband not a resident?
Originally Posted by Jenney & Mark
Did the (ex-)husband tell her that he was a USC? No offense to your friend, but I find it very odd that someone can not know what their spouse's nationality is.
How long have they been married? If he's a CPR at this point, then he would have only been granted that status within the last two years, perhaps a little bit more. Were they married 2½-3 years ago when he had his AOS interview? Did he do all of this in secret?
Just curious about how this scenario actually came to be...
She was on an arranged marriage, turned out he was gay they separted, she was brought over as his wife they married in India.
When she found out about this obviously she filed the VAWA straight away he had also abused her there are Police Records,the VAWA was granted as I mentioned, she never adjusted status.
Also, if she has proof that he lied about being a USC -- signing a document of some kind, etc. -- whether that could affect his own immigration efforts?
He has not lied to her she said she thought he had the 10 years green card already.
Thanks.
~ Jenney
How long have they been married? If he's a CPR at this point, then he would have only been granted that status within the last two years, perhaps a little bit more. Were they married 2½-3 years ago when he had his AOS interview? Did he do all of this in secret?
Just curious about how this scenario actually came to be...
She was on an arranged marriage, turned out he was gay they separted, she was brought over as his wife they married in India.
When she found out about this obviously she filed the VAWA straight away he had also abused her there are Police Records,the VAWA was granted as I mentioned, she never adjusted status.
Also, if she has proof that he lied about being a USC -- signing a document of some kind, etc. -- whether that could affect his own immigration efforts?
He has not lied to her she said she thought he had the 10 years green card already.
Thanks.
~ Jenney
Yes they have been married about 3 years I believe and yes again he did it in secret the AOS but she had his alien number and did a check on him.
He was granted CPR November 2004.
She was on an arranged marriage, turned out he was gay they separted, she was brought over as his wife they married in India.
When she found out about this obviously she filed the VAWA straight away he had also abused her there are Police Records,the VAWA was granted as I mentioned, she never adjusted status.
She has checked online and found out that he adjusted in Nov 2004? its all a bit bazaar to me
He has not lied to her she said she thought he had the 10 years green card already. It was her assumption.
Sep 16th 2006, 2:10 pm
#7
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Re: Best Friend Inteview chicago next week/Husband not a resident?
Originally Posted by whiskers
He is Indian and was sponsered over here.
Yes they have been married about 3 years I believe and yes again he did it in secret the AOS but she had his alien number and did a check on him.
He was granted CPR November 2004.
She was on an arranged marriage, turned out he was gay they separted, she was brought over as his wife they married in India.
When she found out about this obviously she filed the VAWA straight away he had also abused her there are Police Records,the VAWA was granted as I mentioned, she never adjusted status.
She has checked online and found out that he adjusted in Nov 2004? its all a bit bazaar to me
He has not lied to her she said she thought he had the 10 years green card already. It was her assumption.
Yes they have been married about 3 years I believe and yes again he did it in secret the AOS but she had his alien number and did a check on him.
He was granted CPR November 2004.
She was on an arranged marriage, turned out he was gay they separted, she was brought over as his wife they married in India.
When she found out about this obviously she filed the VAWA straight away he had also abused her there are Police Records,the VAWA was granted as I mentioned, she never adjusted status.
She has checked online and found out that he adjusted in Nov 2004? its all a bit bazaar to me
He has not lied to her she said she thought he had the 10 years green card already. It was her assumption.
I have never heard of work-based permanent residents only getting condition residency. Everyone I know got a 10-year card without conditions.
Still weird.
Sep 16th 2006, 2:10 pm
#8
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Re: Best Friend Inteview chicago next week/Husband not a resident?
Originally Posted by Elvira
Is it possible that this guy entered on a work visa (maybe an L1 or and H1b), got married to a USC at some point, but never removed the conditions, got divorced and then married the OP's friend?
However, I'm a little surprised that he was able to hide his status all this time. Did he not have to produce a birth cirtificate or passport when they got married? And don't both spouses have to fill in a biography-form (I-865?) at some point during the non-USC's AOS process?
Weird!
I guess if it were me I'd 'put my affairs in order', just in case... I hope there are no children involved.
However, I'm a little surprised that he was able to hide his status all this time. Did he not have to produce a birth cirtificate or passport when they got married? And don't both spouses have to fill in a biography-form (I-865?) at some point during the non-USC's AOS process?
Weird!
I guess if it were me I'd 'put my affairs in order', just in case... I hope there are no children involved.
Yes possible on the L1 or H1b
Never married before to our knowledge.
There are no Children.
Believe me all, this is as weird to me as any of you.
Sep 16th 2006, 2:12 pm
#9
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Re: Best Friend Inteview chicago next week/Husband not a resident?
Originally Posted by whiskers
He is Indian and was sponsered over here.
Yes they have been married about 3 years I believe and yes again he did it in secret the AOS but she had his alien number and did a check on him.
He was granted CPR November 2004.
She was on an arranged marriage, turned out he was gay they separted, she was brought over as his wife they married in India.
When she found out about this obviously she filed the VAWA straight away he had also abused her there are Police Records,the VAWA was granted as I mentioned, she never adjusted status.
She has checked online and found out that he adjusted in Nov 2004? its all a bit bazaar to me
He has not lied to her she said she thought he had the 10 years green card already. It was her assumption.
Yes they have been married about 3 years I believe and yes again he did it in secret the AOS but she had his alien number and did a check on him.
He was granted CPR November 2004.
She was on an arranged marriage, turned out he was gay they separted, she was brought over as his wife they married in India.
When she found out about this obviously she filed the VAWA straight away he had also abused her there are Police Records,the VAWA was granted as I mentioned, she never adjusted status.
She has checked online and found out that he adjusted in Nov 2004? its all a bit bazaar to me
He has not lied to her she said she thought he had the 10 years green card already. It was her assumption.
I have never heard of work-based permanent residents only getting condition residency. Everyone I know got a 10-year card without conditions.
And am I reading this correctly: they were married before his AOS was approved, but he did not tell his wife? She could have filed for AOS at any time before he became a permanent resident, based on his work-based application. Or is this what actually happened?
But what is this about a I-360? Or is this a form used for follow-to-join benefits?
I am confused...
Sep 16th 2006, 2:13 pm
#10
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Re: Best Friend Inteview chicago next week/Husband not a resident?
Originally Posted by Elvira
I have never heard of work-based permanent residents only getting condition residency. Everyone I know got a 10-year card without conditions.
Still weird.
Still weird.
Her Lawyer told her Thursday that as he was only just granted his Visa in 2004 then he was not eligable to sponser her and the interview would be denied when she got there. also her vawa was not valid then?
I think that this guy has a 10 years card through working here that would explain it would it not? surely the lawyer would of picked up on this?
Pleased this woman that my friend has is not my Lawyer lol.
Sep 16th 2006, 2:15 pm
#11
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Re: Best Friend Inteview chicago next week/Husband not a resident?
Originally Posted by whiskers
Thats my question Elvira
Her Lawyer told her Thursday that as he was only just granted his Visa in 2004 then he was not eligable to sponser her and the interview would be denied when she got there. also her vawa was not valid then?
I think that this guy has a 10 years card through working here that would explain it would it not? surely the lawyer would of picked up on this?
Pleased this woman that my friend has is not my Lawyer lol.
Her Lawyer told her Thursday that as he was only just granted his Visa in 2004 then he was not eligable to sponser her and the interview would be denied when she got there. also her vawa was not valid then?
I think that this guy has a 10 years card through working here that would explain it would it not? surely the lawyer would of picked up on this?
Pleased this woman that my friend has is not my Lawyer lol.
Sep 16th 2006, 2:19 pm
#12
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Re: Best Friend Inteview chicago next week/Husband not a resident?
Originally Posted by Elvira
I have never heard of work-based permanent residents only getting condition residency. Everyone I know got a 10-year card without conditions.
And am I reading this correctly: they were married before his AOS was approved, but he did not tell his wife? She could have filed for AOS at any time before he became a permanent resident, based on his work-based application. Or is this what actually happened?
But what is this about a I-360? Or is this a form used for follow-to-join benefits?
I am confused...
And am I reading this correctly: they were married before his AOS was approved, but he did not tell his wife? She could have filed for AOS at any time before he became a permanent resident, based on his work-based application. Or is this what actually happened?
But what is this about a I-360? Or is this a form used for follow-to-join benefits?
I am confused...
Yes married before AOS approved and she was aware of this.
She filed as soon as she got here for AOS it never happened for them as they split before the AOS.
I don't think she knows she could adjust status based on his work visa she submitted it based on her marriage.
The 1-360 is the VAWA it means that immigration believe that she was abused and acknowledge she has a case.
Sep 16th 2006, 2:21 pm
#13
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Re: Best Friend Inteview chicago next week/Husband not a resident?
Originally Posted by Elvira
You are confusing me - what was granted in 2004 - LPR or a visa, if the latter, what sort?
Application Type: I485, Application to Register Permanent Residence or to Adjust Status
Current Status:
On January zz 2005, the card order was completed and we mailed the applicant's new card directly to him or her. If 30 days have passed and you have not received this card, you may wish to verify or update your address. To update your address, please call the National Customer Service Center at (800) 375-5283.
I have copied and pasted the email she sent me yesterday without the private info.
Does this help Elvira
Sep 16th 2006, 2:25 pm
#14
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Re: Best Friend Inteview chicago next week/Husband not a resident?
Originally Posted by whiskers
Yes married before AOS approved and she was aware of this.
She filed as soon as she got here for AOS it never happened for them as they split before the AOS.
I don't think she knows she could adjust status based on his work visa she submitted it based on her marriage.
The 1-360 is the VAWA it means that immigration believe that she was abused and acknowledge she has a case.
She filed as soon as she got here for AOS it never happened for them as they split before the AOS.
I don't think she knows she could adjust status based on his work visa she submitted it based on her marriage.
The 1-360 is the VAWA it means that immigration believe that she was abused and acknowledge she has a case.
Okay, I think I'm getting it now. He applied for AOS before they were married, and then she filed after they got married, but BEFORE his AOS was actually approved. I believe this is called 'follow-to-join' benefits for relatives of people who have filed for work-based (sponsored) permanent residence.
If her VAWA was granted, she should be fine.
I think the confusion arose because we thought that the husband hat pretended to be a USC and filed a marriage-based petition. Since this is not the case, she should not have anything to worry about.
I am assuming she did not know he was gay when they married and she filed for AOS. I expect she will have to convince USCIS that she entered the marriage expecting it to be a proper bona fide marriage. (or maybe thegranting of the VAWA has already taken care of this aspect?) However, her lawyer should have explained all this to her.
That's how I am reading it anyway - but I am not a lawyer etc etc.
Sep 16th 2006, 2:30 pm
#15
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Re: Best Friend Inteview chicago next week/Husband not a resident?
Originally Posted by Elvira
Okay, I think I'm getting it now. He applied for AOS before they were married, and then she filed after they got married, but BEFORE his AOS was actually approved. I believe this is called 'follow-to-join' benefits for relatives of people who have filed for work-based (sponsored) permanent residence.
If her VAWA was granted, she should be fine.
I think the confusion arose because we thought that the husband hat pretended to be a USC and filed a marriage-based petition. Since this is not the case, she should not have anything to worry about.
I am assuming she did not know he was gay when they married and she filed for AOS. I expect she will have to convince USCIS that she entered the marriage expecting it to be a proper bona fide marriage. (or maybe thegranting of the VAWA has already taken care of this aspect?) However, her lawyer should have explained all this to her.
That's how I am reading it anyway - but I am not a lawyer etc etc.
If her VAWA was granted, she should be fine.
I think the confusion arose because we thought that the husband hat pretended to be a USC and filed a marriage-based petition. Since this is not the case, she should not have anything to worry about.
I am assuming she did not know he was gay when they married and she filed for AOS. I expect she will have to convince USCIS that she entered the marriage expecting it to be a proper bona fide marriage. (or maybe thegranting of the VAWA has already taken care of this aspect?) However, her lawyer should have explained all this to her.
That's how I am reading it anyway - but I am not a lawyer etc etc.
Oh she did not know he was gay hell no lol she was working in India he flew back she had never met him before they married a 4 days later.
The only reason that the Divorce is not final is because her family are trying to sue his for knowing that he was gay at the time of the marriage and not telling her, his family thought once he was married he would change YER. RIGHT.