Shd

I have a question about removal of conditions based on marriage to
USC. I was in removal proceedings due to overstay and unauthoriized
employment. My girlfriend and I got married ahead of time ( we were
waiting for the 245i comeback to get married later.) and have been
married for year and a half. I-130 still pending ( at local BCIS
office now) and hopefully we'll get approved soon now as we have sent
in everything that was required to support the I-130 plus latest tax
return that we were asked to submit. All these documents were
submitted through our lawyer who has been great for getting everything
filed professionally, and on time. He says that we may or may not have
an I-130 interview because of all the documents submitted. He has
written to BCIS to expedite the I-130 and hopefully we'll hear some
good news soon. After the I-130 approval, AOS will be infront of an
Immigration Judge in june 2004. That is the background. My questions
are: 1) After Dec 2003 we'll be married for more than 2 years. Do we
still need to file for removal of conditions?
2) Is it possible to get Employment Authorization I-765 and driver's
licence renewal after the I-130 approval but before my next court
date, June 2004? 3) How likely is that we'll have to go to an I-130
interview instead of an approval without interview. We are ready to go
for the interview anytime, but curious to know. What is the interview
like?
4) What is the AOS like when done by an IJ in court? Just curious to
know what happens there?
5) My current passport is expired and is with INS ( because of removal
proceedings). What happens when it is time to place the
temporary/perminent resident stamp in the passport? Do I have to get a
new passport for that or do they stamp the expired one and then I have
to bring in the new and expired passport together to get the new one
stamped? Or do I get a different kind of proof or residency?

Your sincere answers and advice are highly appreciated God Bless all
of you helpful folks out there. For those who are in similar
situations, I pray for all of you and ask you to do the same for us as
it has been a very trying time for us, with me not being able to work
and contribute to our family. My wife has been absolutely great about
everything and hopefully I can start working soon to reduce the
financial burden on her. God Bless All and Please Pray for us.

Ingo Pakleppa

On Sat, 14 Jun 2003 11:39:36 -0700, shd wrote:

    > I have a question about removal of conditions based on marriage to
    > USC. I was in removal proceedings due to overstay and unauthoriized
    > employment. My girlfriend and I got married ahead of time ( we were
    > waiting for the 245i comeback to get married later.) and have been
    > married for year and a half. I-130 still pending ( at local BCIS
    > office now) and hopefully we'll get approved soon now as we have sent
    > in everything that was required to support the I-130 plus latest tax
    > return that we were asked to submit. All these documents were
    > submitted through our lawyer who has been great for getting everything
    > filed professionally, and on time. He says that we may or may not have
    > an I-130 interview because of all the documents submitted. He has
    > written to BCIS to expedite the I-130 and hopefully we'll hear some
    > good news soon. After the I-130 approval, AOS will be infront of an
    > Immigration Judge in june 2004. That is the background. My questions
    > are: 1) After Dec 2003 we'll be married for more than 2 years. Do we
    > still need to file for removal of conditions?

If the AOS is approved after that day, no.

    > 2) Is it possible to get Employment Authorization I-765 and driver's
    > licence renewal after the I-130 approval but before my next court
    > date, June 2004?

I'm not sure, but I suspect not. Normally, you can only get employment
authorization once the I-485 is filed.

    > 3) How likely is that we'll have to go to an I-130
    > interview instead of an approval without interview. We are ready to go
    > for the interview anytime, but curious to know. What is the interview
    > like?

Since this is a somewhat unusual situation, I think your attorney is
probably in a better position to guide you than anybody here is. I have
actually never heard of an I-130 interview; usually, there only is an
interview in connection with the I-485. But in your situation, it is
entirely possible that there will be one.

    > 4) What is the AOS like when done by an IJ in court? Just curious to
    > know what happens there?

It is my understanding that basically, it's pretty much the same as a
regular I-485. You file it differently (with the IJ rather than with
BCIS). The IJ will then forward it to BCIS, and most likely attach a note
saying "please approve" or something to that effect.

    > 5) My current passport is expired and is with INS ( because of removal
    > proceedings). What happens when it is time to place the
    > temporary/perminent resident stamp in the passport? Do I have to get a
    > new passport for that or do they stamp the expired one and then I have
    > to bring in the new and expired passport together to get the new one
    > stamped? Or do I get a different kind of proof or residency?

I'm not sure, but I am sure that they have procedures for such situations.
You will probably need to apply for a new passport anyway, also as part of
the removal proceedings. So you might as well initiate that now.

If you don't have a passport once the AOS is approved, there indeed are
alternate options. They place the stamp on a separate paper (some people
said that they simply use an I-94 for that purpose. I don't know if that
is true).

    > Your sincere answers and advice are highly appreciated God Bless all
    > of you helpful folks out there. For those who are in similar
    > situations, I pray for all of you and ask you to do the same for us as
    > it has been a very trying time for us, with me not being able to work
    > and contribute to our family. My wife has been absolutely great about
    > everything and hopefully I can start working soon to reduce the
    > financial burden on her. God Bless All and Please Pray for us.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please visit my new FAQ at http://www.kkeane.com (still under construction)

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http://www.ingopakleppa.com ! Comments are welcome.

Joe

I too was placed in removal proceeding for overstaying & unauthorized
unemployment after I filed for my AOS in April (without the aid of an
attorney).

I am to appear before the IJ this summer (August).

I continue to work unauthorized even after my arrest. I have a
mortgage & bills to pay and a spouse to support. It would be difficult
for me finanically if I were not working. The arresting immigration
officer knows that I work, and where I work, as I have to call her
once a week (just to make sure I haven't skipped town). Yet she hasn't
prohibited me from continuing my unauthorized employment.

I am curious - did they put you in removal proceedings even though you
had an lawyer file the AOS on your behalf? Normally, overstay &
unauthorized are generally forgiven if you are married to a USC
spouse. So why didn't your attorney bring this to the attention of the
immigration officer? I was of the impression that had I taken the
trouble of hiring an attorney to file my AOS, I could have avoided all
this legal hassle.
_________________________________

[email protected] (shd) wrote in message news:...
    > I have a question about removal of conditions based on marriage to
    > USC. I was in removal proceedings due to overstay and unauthoriized
    > employment. My girlfriend and I got married ahead of time ( we were
    > waiting for the 245i comeback to get married later.) and have been
    > married for year and a half. I-130 still pending ( at local BCIS
    > office now) and hopefully we'll get approved soon now as we have sent
    > in everything that was required to support the I-130 plus latest tax
    > return that we were asked to submit. All these documents were
    > submitted through our lawyer who has been great for getting everything
    > filed professionally, and on time. He says that we may or may not have
    > an I-130 interview because of all the documents submitted. He has
    > written to BCIS to expedite the I-130 and hopefully we'll hear some
    > good news soon. After the I-130 approval, AOS will be infront of an
    > Immigration Judge in june 2004. That is the background. My questions
    > are: 1) After Dec 2003 we'll be married for more than 2 years. Do we
    > still need to file for removal of conditions?
    > 2) Is it possible to get Employment Authorization I-765 and driver's
    > licence renewal after the I-130 approval but before my next court
    > date, June 2004? 3) How likely is that we'll have to go to an I-130
    > interview instead of an approval without interview. We are ready to go
    > for the interview anytime, but curious to know. What is the interview
    > like?
    > 4) What is the AOS like when done by an IJ in court? Just curious to
    > know what happens there?
    > 5) My current passport is expired and is with INS ( because of removal
    > proceedings). What happens when it is time to place the
    > temporary/perminent resident stamp in the passport? Do I have to get a
    > new passport for that or do they stamp the expired one and then I have
    > to bring in the new and expired passport together to get the new one
    > stamped? Or do I get a different kind of proof or residency?
    >
    > Your sincere answers and advice are highly appreciated God Bless all
    > of you helpful folks out there. For those who are in similar
    > situations, I pray for all of you and ask you to do the same for us as
    > it has been a very trying time for us, with me not being able to work
    > and contribute to our family. My wife has been absolutely great about
    > everything and hopefully I can start working soon to reduce the
    > financial burden on her. God Bless All and Please Pray for us.