Rete

I picked up on the further on in the thread. But he originally referred to their colleagues which I assumed meant she worked as well.

shepslady

Sorry if this is a little off the topic but have to admit I was a little blown away to read that after 4 years in this country she still doesnt speak English very well!!! I would think learning the language would be high on your list of priorities.
Goodluck in following through with getting her status changed back & filing the documents to ensure she is permitted to stay here.

newyork37

Hi everyone,

Thanks again for all of the thoughtful replies. A few notes..

• My wife has never worked in the time she's been here
• I am meeting with our CPA Monday morning to file the last three years (2004 was not required, but will file anyway)
• We're to speak with a few immigration attorneys in the area as well as a couple of referrals, and will get any necessary process started as soon as possible, starting with finding out whether she indeed has been placed on removal proceedings.
• Will continue to gather as much evidence of marriage, affidavits, etc. as possible, even if have to start all over
• Will try to add her to as much of utility bills, authorization to use debit cards, etc. and others as possible starting Monday
• We'll certainly not travel anywhere outside US

As for her English, there really is no excuse from us. We both know it's been a struggle but at the same time it should be in much better place.

A couple of questions that are still not very clear for me, for the very generous posters to this thread (whom we thank very much, and apologies if we're reposting the same questions that were answered before):

• Is it possible for her to get a SSN w/ expired status?
• If removal proceedings have begun, will it still give us a chance to adjust her status?
• If the process to get her status adjusted has started, do we have the same chance as the first time we petitioned (and granted the conditional PR) or does missing the I-751 deadline (and possibly missing interview dates) hurt our changes?

Thanks again everyone, we're preparing for the worst but hoping we can get at least back to where her status here is legal.

newyork37

My mistake on that Rete - I keep using "us" when I should say "I". She indeed has not worked from the day she arrived here til now. I have been able to provide for both of us, although in hindsight having her work meant that she needed to have a SSN.

ian-mstm

While I'm sure that others will add their $0.02 worth, I'm pretty sure that you and your wife (and the gentle readers of this forum), are the only ones who currently know that she is out of status. It'd be far too overwhelming a task for USCIS to keep track of everyone's status. Only when you file some sort of paperwork, will USCIS even know.

Ian

ToniD

Whoops

newyork37

Thanks very much Ian, I truly hope that's the case. There are cases that I've read where a couple of weeks, even a month late was okay, and without much of an explanation (not certainly illness or others.)

We're not taking much comfort in it however, nor think that it'll be that easy for our case at all, not taking anything for granted.

But nevertheless, your words are certainly comforting, and here's hoping (again) that they're true.

Elvira

I don't think it is possible to apply for her SSN at this point. They would see that her status has expired - even if she didn't show her expired card, they would verify her status through their system. They might even alert USCIS.

Now, in order to file your taxes, she needs either a SSN or a TIN. Another poster has said that, as a former CPR, she is not entitled to a TIN. If this is indeed true, I'm not sure how you would go about filing joint taxes. That's obviously something you need to sort out with your CAP.

As Ian said, it is extremely unlikely that removal proceedings would have begun. USCIS are far too disorganized to keep track of CPR expiration dates. In any case your wife would be low priority.

As for your chances when you refile: This should not be a problem. Once approved, your wife will get a 10-year LPR card, so you won't need to worry about removing conditions...

newyork37

Hi Elvira,

Thank you -- I'll consult with the CPA tomorrow to see if it's possible to file with her TIN the years BEFORE it expired.

Government bureaucracy is something everyone resents, but in my case I hope to be thankful for the delay. I would assume it will be automatic, but am glad that whatever process it is, that it takes a bit to get going.

Elvira, if we reapply, and approved, won't she just get another 2-year conditional PR?

Elvira

Ah!! I didn't realize she already has a TIN. That's good then!

Since you have been married more than 2 years, her new GC will be permanent.

Noorah101

No, because if your marriage is more than 2 years old at the time her AOS is approved, she will receive the 10-year card.

The 2-year card is for marriages that are less than 2 years old at the time AOS is approved.

Rene

newyork37

That's just superb. So looks like as long as we continue to take actions to sort things out, there are some silver lining ahead. Even if our I-751 gets denied, restart the AOS application and receive a 10-year PR.

And of course hope that the immigrations office has been kept busy enough not to have placed her in the removal proceedings yet - although I've read in places that being placed in a removal proceedings does not necessarily mean end of the road, that it can be reviewed and as long as she stays in the US, she still has a chance to apply for AOS. Is that true?

meauxna

I don't know exactly how CPRs are handled in the SAVE database--maybe mdyoung will drop by and enlighten us. Normally, a non-USC's status must be verified by the SSA to issue a number. They will not do wo if the alien's status expires in 14 days or less. If your wife returns from SAVE with an expired status, they will not issue her a number. I do not think SSA reports back to CIS if an out of status alien applies for a SS#.

She does not NEED to adjust her status, it is already adjusted. "Adjusted" has a specific meaning in immigration. If she is in removal already, I'm sure there is a remedy.

newyork37

Hi meauxna,

I'm curious what the terminology is in her case -- her status has been "adjusted", but now is "out of status" - so I guess the correct terminology is to get her back on "in status" or "legal status", which means to start the path to retain/get back her "adjusted" status?

(And thank you for the information regarding the SSN and how the SSA office works. I believe we do have a TIN # for her, and if that's true that'd be a lot of help.)

meauxna

First of all, you do not know that her status has been terminated. There are some classes of admission that don't become 'out of status' until told so by an Immigration Judge or Border Agent. The reason it is so urgent that you consult with a lawyer is to find out things exactly like this.. do NOT go running off half cocked, filing papers, making appointments, etc until you KNOW what is what.
I'm no lawyer, and I do not know what little secrets might be in the INA behind these casual instructions, but reading the USCIS webpageo n the topic would give me *hope* instead of sending me on the same path as you're on. I do not know (because you haven't said) how much reading you have done at uscis.gov and from the INA on this topic:
How Do I Remove The Conditions On Permanent Residence Based On Marriage?
http://tinyurl.com/344h44
What if I am Late in Applying to Remove the Conditions on Residence?
If you fail to properly file the Form I-751 (Petition to Remove the Conditions on Residence) within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and the USCIS will order removal proceedings against you. You will receive a notice from the USCIS telling you that you have failed to remove the conditions, and you will also receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (the USCIS is not responsible for proving that you did not comply with the requirements).

The Form I-751 can be filed after the 90-day period if you can prove in writing to the director of the Service Center that there was good cause for failing to file the petition on time. The director has the discretion to approve the petition and restore your permanent resident status.

I am a salesman by breeding and training.. I see an opportunity there, not a death sentance.

IMO, you need to focus on getting the conditions removed from her PR status.
As far as I know, her status is Permanent Resident until she is told differently. (I don't hold that out to be the GodsTruth either, but I don't think any of us can 'label' her at this point).