Discussion:
I entered the country legally and have been in the country for several years (15). 4 years ago in 2001, filed for an adjustment of status thru marriage to a US citizen. Based on the circumstances at the time(him being in medical school across the country), my ex could not attend the interview and due to non-timely follow up,the case was closed. However, when we decided to re-file, end of 2003,our relationship had already exhausted itself and we filed for divorce begining of 2004. At the current time I am "out of status" but I am in a relationship with a US born citzen which may lead to marriage. In that case, I would like to know what would be the procedure in filing my paperwork? Also what are my chances of becoming legal at that is one of his major concerns based on my past relationship? Any help would be appreciated. Thanks
Answer:
Originally Posted by kiddhan625 I entered the country legally and have been in the country for several years (15). 4 years ago in 2001, filed for an adjustment of status thru marriage to a US citizen. Based on the circumstances at the time(him being in medical school across the country), my ex could not attend the interview and due to non-timely follow up,the case was closed. However, when we decided to re-file, end of 2003,our relationship had already exhausted itself and we filed for divorce begining of 2004. At the current time I am "out of status" but I am in a relationship with a US born citzen which may lead to marriage. In that case, I would like to know what would be the procedure in filing my paperwork? Also what are my chances of becoming legal at that is one of his major concerns based on my past relationship? Any help would be appreciated. Thanks
Have you moved since ? What was the last piece of mail from USCIS? If you and your spouse did not attend the interview, then your I-485 was denied. You would have been out of status and could have been placed in removal proceedings ..or not. Either way you could marry another USC however whether or not he could successfully petition for you would depend on wthether USCIS made a finding of a prior sham marriage against you. because you and your spouse lived separate and apart and you both didnt turn up for the interview. USCIS could have closed it simply because no one turned up............However when you do file again, you will have to explain the circumstances of the first marriage and if there is no such finding, then youre o.k. When youre ready to file and attend th einterview, this is on eof the instances in which an attorney would be a good idea
Answer:
Originally Posted by curiousone Have you moved since ? What was the last piece of mail from USCIS? If you and your spouse did not attend the interview, then your I-485 was denied. You would have been out of status and could have been placed in removal proceedings ..or not. Either way you could marry another USC however whether or not he could successfully petition for you would depend on wthether USCIS made a finding of a prior sham marriage against you. because you and your spouse lived separate and apart and you both didnt turn up for the interview. USCIS could have closed it simply because no one turned up............However when you do file again, you will have to explain the circumstances of the first marriage and if there is no such finding, then youre o.k. When youre ready to file and attend th einterview, this is on eof the instances in which an attorney would be a good idea
Thanks. No I have not moved since. We filed for a formal divorce and had asked our lawyer to withdraw our application. The last letter I received from USCIS was an interview letter. I never received any removal proceedings letter.
My second question would be how would I go about finding out what was the end result of my case without triggering a re-opening of the case. Things are looking really good for my current boyfriend and I and its only a matter of time before we get married. But my boyfriend wants to make sure my status can be adjusted.
Answer:
Originally Posted by kiddhan625 Thanks. No I have not moved since. We filed for a formal divorce and had asked our lawyer to withdraw our application. The last letter I received from USCIS was an interview letter. I never received any removal proceedings letter.
My second question would be how would I go about finding out what was the end result of my case without triggering a re-opening of the case. Things are looking really good for my current boyfriend and I and its only a matter of time before we get married. But my boyfriend wants to make sure my status can be adjusted.
If the last letter you received was a Notice for interview and it was some time after you believe the lawyer wrote to withdraw your application, then you have a mailing problem.......if the application was withdrawn then no interview would have been scheduled and if one was scheduled and you didnt turn up, then you should have received a denial letter.
You can find out by entering the receipt number online at USCIS.gov under "case status" and seeing if it comes up............if not do a FOIA (Freedom of Information Act) request..........download the form and send it in . Its free but the request takes a LOOOONG time. (several months- ayear)
Answer:
Originally Posted by curiousone If the last letter you received was a Notice for interview and it was some time after you believe the lawyer wrote to withdraw your application, then you have a mailing problem.......if the application was withdrawn then no interview would have been scheduled and if one was scheduled and you didnt turn up, then you should have received a denial letter.
You can find out by entering the receipt number online at USCIS.gov under "case status" and seeing if it comes up............if not do a FOIA (Freedom of Information Act) request..........download the form and send it in . Its free but the request takes a LOOOONG time. (several months- ayear)
I am not sure if my lawyer recieved a Denial Letter. If he did does that mean I cannot file a new I-485 with my boyfriend (future husband)? As long as I can explain and justify why the previous marriage didnt work would I be ok? I have all the proper documentation.
Answer:
Originally Posted by kiddhan625 I am not sure if my lawyer recieved a Denial Letter. If he did does that mean I cannot file a new I-485 with my boyfriend (future husband)? As long as I can explain and justify why the previous marriage didnt work would I be ok? I have all the proper documentation.
A copy of denial letter is sent also to the petitioner. Yes you can always refile and if there is a finding of a sham marriage then youll have to convince them that it wasnt.........but a denial need not lead to that finding..........however you do have a higher threshold I believe because of the prior marraige.......contact your former attorney and ask for a copy of your file.
Answer:
Originally Posted by curiousone A copy of denial letter is sent also to the petitioner. Yes you can always refile and if there is a finding of a sham marriage then youll have to convince them that it wasnt.........but a denial need not lead to that finding..........however you do have a higher threshold I believe because of the prior marraige.......contact your former attorney and ask for a copy of your file.
Was looking through my file this morning and the last letter I recieved was "Case denied because file closed."
Answer:
Originally Posted by kiddhan625 Was looking through my file this morning and the last letter I recieved was "Case denied because file closed."
O.K.......Refile but be sure to document this marraige properly because the first one will definitely come up at the interview
Answer:
One last question:
I was 12 when I came here with my parents and 2 brothers. My mom passed away and one of the brothers was able to adjust status through a successful and happy marriage. My concern is if and when I file will USCIS ask questions about the others that I came to the country with? My dad has no status and my brother is in a serious relationship that could lead to marriage. I am more so concerned about the USCIS asking about my dads status. I am now 26 and I would think USCIS would only be concerned with mycase and not the rest of the family. Is this true? Thanks
Answer:
Originally Posted by kiddhan625 One last question:
I was 12 when I came here with my parents and 2 brothers. My mom passed away and one of the brothers was able to adjust status through a successful and happy marriage. My concern is if and when I file will USCIS ask questions about the others that I came to the country with? My dad has no status and my brother is in a serious relationship that could lead to marriage. I am more so concerned about the USCIS asking about my dads status. I am now 26 and I would think USCIS would only be concerned with mycase and not the rest of the family. Is this true? Thanks
They cannot legally and will not inquire into your family's immigration status. Its unfortunate you were not perhaps aware of immigration trends and laws because you missed several opportunities in the past to regulate your status. Why hasnt your brother filed for your father?