Originally Posted by newyork37

This I have to take full responsibilities for -- she still doesn't speak English very well and have trusted me to get the process forward. I had the dumbest notion that somehow we'd be notified for an interview, and an even dumber notion that we should have been absolutely vigilant in getting documentations in order.

We've gone through the steps before this w/o much of an issue - this simple, simple step has just not been kept on top of.

As much of a screw-up I have been on this, we do have all the paperwork as backups, including her original status, financial documentations, etc. to get her the conditional GC in the first place.

If she can stay in the US while we restart the process, that's a thousand times better than her being deported and me picking up everything and leaving US as well.

Originally Posted by Elvira

None of my business, of course, but after FOUR years in the US it may be time to learn the lingo, get a SSN, get out and about, take charge of her life... Otherwise what is she going to do here for the rest of her life?

Anyway, good you kept copies - so refiling should be a breeze...

Originally Posted by newyork37

...........The stories about immigrants not speaking the language (and staying within their ethnic neighborhood) is not new, and unfortunately, even for someone who was a vibrant, energetic, and completely outgoing like my wife can become opposite of who she was.

Originally Posted by Elvira

Glad to hear she's doing something. It might be an idea, though, for her to apply for an EAD when she re-files for AOS - even a part-time, low-level-entry job might help her acclimatize and improve her language skills.

Anyway - good luck!

Originally Posted by newyork37

I completely agree - she has to take the big first step sometime. Thank you so much for your thoughts and advise.

We just hope that the removal process has not begun, and even if it has, we can reapply to get her on-status and start the process again. (Worst case scenario would be that she has gotten her removal date, missed it, and cannot be in a position to reapply.)

Originally Posted by Elvira

I am sorry, but I really do not know about the removal part. I think that, in theory, she is removable, but I doubt that she would be considered a high-priority case.

Since you probably won't be able to talk to a lawyer until Monday anyway, why not just print out all the various AOS forms and fill them in, and gather all the supporting documents you'll need, so you'll be one step ahead (and it will give you something constructive to do instead of worrying).

If you are able to refile, as soon as the petition is accepted by USCIS, your wife would be back in "pending AOS" status, i.e. legal. But she must not leave the US until she her PR status is approved.

Originally Posted by newyork37

Absolutely right Elvira. We went though every box and found as much evidence as we can, and sent out emails and called colleagues, ex-bosses, etc. for affidavits. We have our I-751 filled, but we'll print out the AOS and filled those out as well.

Originally Posted by Elvira

Glad to hear she's doing something. It might be an idea, though, for her to apply for an EAD when she re-files for AOS - even a part-time, low-level-entry job might help her acclimatize and improve her language skills.

Anyway - good luck!

Originally Posted by newyork37

Hi,

I was referred here by visajourney.com, and though I would post our dire situation here and ask for help also.

I wished that I was even remotely responsible many months ago. My wife and I have been married since 2003 (I've been a naturalized citizen for the last 20+ years), and she was on a conditional PR (and have been in the country for the last 4 years.)

Unfortunately, we are 6 months late in filing the I-751, and am faced with what seems like a huge emergency.

Here are the most worrisome facts that we're faced with:

* Her conditional PR card has been expired for 6 months
* We've never made her a SS#
* No shared financial statements (partly due to lack of #SS, also because I was paying for most everything) except shared address
* Haven't had a wedding ceremony
* Tax returns have not been filed for the last 3 years


Now what we do have:

* Shared address for the last 3-4 years (Her checking/saving account and mine are to the same address)
* We have paid for each other's expenses each other's debit cards
* Have trustworthy colleagues & clients who can sign affidavits
* Have plenty of photographs, videos, and other personal items
* Have hired a CPA to help us file the tax returns, which will be filed jointly asap


We're just deathly afraid that we have become a case in what NOT to do in a marriage-base visa, and have made too many mistakes. Of course we'd love a second chance to get her a SS# and get everything in a joint status, as we're thinking of buying a house later this year, but if she enters the removal process it will all be moot.

What are our chances? Should we hire an immigration lawyer? How realistic is to get a one year extension to get things in order even with a lawyer's help?

I almost wish they came by at odd hours to check on us (I've heard stories of immigration officers coming by at odd hours) or even a surveillance camera at this point to prove our marriage...

Would most welcome any advise or comments -- thank you so much....

Originally Posted by newyork37

Thanks very much David,

Is it actually possible to start from scratch? If so, I would assume that she has to leave the country, and if so, would that mean a certain # years ban on re-entering US?

Originally Posted by Ray

And get those taxes filed immediately ..

Originally Posted by meauxna

Throwing in my two cents....

I think it is premature to talk of refiling AOS (like it's a foregone conclusion) until you find out what can happen with the I-751.

Originally Posted by Rete

IMHO, the attorney will tell you to refile for adjustment of status for your wife. The 6 months delay in the filing for removal of conditions will only be pardoned if there is a good reason for the delay, i.e. illness. That does not apply to you.............
As for your issues, she's been working without a social security number? Not paying taxes on those earnings? Definitely, get an attorney's assistance.