Help needed

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Old Sep 13th 2004, 8:05 pm
  #1  
Christy
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Default Help needed

Please help! I try to make it short
and clear.
I got married in the states in July, 1999, came to the US with a B-2
in Dec, 1999,filed I-485 based on marriage in June 2000, based on
marriage, Charleston, SC. Had my interview in Sep. 2001, by then I was
already married for more than two years. I did not get the stamp at
the interview, because the officer found that I needed J-1 visa
waiver. So I started getting the J-1 waiver from Chinese Government.
It took me about a year. Bad luck, when I turned in the J-1 waiver,
the officer interviewed me was gone, so I was told the new office
would take a while, because she had to review all the cases.
Meanwhile, I got a divorce, because my ex was cheating, and he left
with his girl-friend to another state. So after a period of mysery, I
finally decided to seek divorce, but not on Adultary. My lawyer told
me since I was already married for more than two years, it wouldn't
matter to my green card issue. I got a divorce in June, 2003. I kept
checking on my green card status, but was always told that they didn't
know why it's taking so long, I just had to wait for an answer. In
Sep. 2003,I was told that my fingerprint was expired, so I needed a
new one. Anyway, when I went back to the INS office,they found out
that I was divorced, so I was asked to turn in a copy of my divorce
decree. I don't know what to do now. Because I talked to an INS
officer from the customer service line, she told me that I would be
denied, the only reason why I haven't got an answer is because the
officer in Charleston hasn't got around my case. And a friend told me
that I should just wait till the answer comes, if I get denied, I just
have to gather all the affidavits, which are the letters my ex wrote
to his girl friends family and the letters from my ex-job, and friends
saying that he left me, and appeal.
Can anybody help? 1)Should I just wait, don't know for how long. Or I
request a status from the officer in Charleston, so she will at least
look at my file now, and then might tell me that I am rejected.
2)Should I get remarried? And file all over again? 3)Should I try to
find an employer who can get green card for me? 4) Should I just turn
in all the affidavits to the office now instead of waiting till the
appeal?
What should I do? I feel very hopeless. I asked the officer from the
customer service why I should be penalized for his fault? She said it
didn't matter, what matters is that we are not married any more.
 
Old Sep 14th 2004, 1:11 pm
  #2  
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Joined: Feb 2004
Location: GA, USA
Posts: 28
elga is an unknown quantity at this point
Default Re: Help needed

Originally Posted by Christy
Please help! I try to make it short
and clear.
I got married in the states in July, 1999, came to the US with a B-2
in Dec, 1999,filed I-485 based on marriage in June 2000, based on
marriage, Charleston, SC. Had my interview in Sep. 2001, by then I was
already married for more than two years. I did not get the stamp at
the interview, because the officer found that I needed J-1 visa
waiver. So I started getting the J-1 waiver from Chinese Government.
It took me about a year. Bad luck, when I turned in the J-1 waiver,
the officer interviewed me was gone, so I was told the new office
would take a while, because she had to review all the cases.
Meanwhile, I got a divorce, because my ex was cheating, and he left
with his girl-friend to another state. So after a period of mysery, I
finally decided to seek divorce, but not on Adultary. My lawyer told
me since I was already married for more than two years, it wouldn't
matter to my green card issue. I got a divorce in June, 2003. I kept
checking on my green card status, but was always told that they didn't
know why it's taking so long, I just had to wait for an answer. In
Sep. 2003,I was told that my fingerprint was expired, so I needed a
new one. Anyway, when I went back to the INS office,they found out
that I was divorced, so I was asked to turn in a copy of my divorce
decree. I don't know what to do now. Because I talked to an INS
officer from the customer service line, she told me that I would be
denied, the only reason why I haven't got an answer is because the
officer in Charleston hasn't got around my case. And a friend told me
that I should just wait till the answer comes, if I get denied, I just
have to gather all the affidavits, which are the letters my ex wrote
to his girl friends family and the letters from my ex-job, and friends
saying that he left me, and appeal.
Can anybody help? 1)Should I just wait, don't know for how long. Or I
request a status from the officer in Charleston, so she will at least
look at my file now, and then might tell me that I am rejected.
2)Should I get remarried? And file all over again? 3)Should I try to
find an employer who can get green card for me? 4) Should I just turn
in all the affidavits to the office now instead of waiting till the
appeal?
What should I do? I feel very hopeless. I asked the officer from the
customer service why I should be penalized for his fault? She said it
didn't matter, what matters is that we are not married any more.
Tough situation.
At any rate I'd highly recommend looking for an excellent immigration lawyer to assist you. You can of course also try to fight through this yourself, people have done it successfully before, it can be nerve wrecking however, to say the least.

To 1) I wouldn't simply wait it out. Get a lawyer now and start trying to solve the issue. Parts of hopefully solving the issue will be proofing that you now got 'your roots and base' in the US. Gather all kinds of documentation for your circle of life in the US, i.e. your job. Also proof that your marriage was 'in good faith', gather your fotos of happy times together etc.
To 2) You should remarry and file all over if you do fall in love and meet Mr Right, I wouldn't recommend any other reason for any marriage...
To 3) Finding an employer who'd file on your behalf may be a solution but as far as I know you'd have to be out of the US (i.e. in your home country) to wait that process out.
To 4) I'd talk that over with an immigration lawyer and then act accordingly...

Good Luck with everything...!
elga is offline  

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