Worried sick in New York

[newyork37 0]

Hi,

The posts that I've read so far has really given me a heads-up, and just wished that I came across it 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 problem / emergency / challenge.

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)
  
• Haven't had a wedding ceremony
  
• Tax returns have not been filed for the last 3 years
  

Now what we do have:

• 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, jointly
  

We're just deathly afraid that we have become what NOT to do in a marriage case, and have made too many mistakes. Of course we'd love a year 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?

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...

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

[hcj 0]

IMHO it's a good idea for you to have an experienced immigration attorney help you with your filing. You are missing most of the standard evidence. You haven't filed your taxes for chrissakes (were you not required to file?). You are at least six months late in filing, for no good reason that you have mentioned except that you didn't know. A lawyer can hopefully help you select evidence and present it in the best light, as well as help you craft a letter that argues for why USCIS should accept your late filing.

[newyork37 0]

IMHO it's a good idea for you to have an experienced immigration attorney help you with your filing. You are missing most of the standard evidence. You haven't filed your taxes for chrissakes (were you not required to file?). You are at least six months late in filing, for no good reason that you have mentioned except that you didn't know. A lawyer can hopefully help you select evidence and present it in the best light, as well as help you craft a letter that argues for why USCIS should accept your late filing.

Thank you,

We are expecting the worst and try to be as prepared as we can, including hiring a lawyer, immediately filing join tax returns (out of the 3 years we didn't file, two were required), and gathering best evidence that we can. So far today we found some envelopes that came through our both names, and rental lease agreement that states my wife as an occupant (and "wife" as relationship) that started in November of 2005.

I really do wish we can turn back the clock, and I wonder how I let this get away from us like this. Just got to figure out how to deal with the situation from this point on. I'm still holding onto the (naive?) hope that since the law was designed to stop fraudulent marriages, our marriage will stand on its own merit (of course realizing that it's in the proof of the "good faith" in our marriage.)

Is it possible to call immigration office to see if indeed there has been a removal proceeding/notice against her already? We have not received it, but that could be due to wrong address or other things.

[tammiandtom 0]

I would get a lawyer, this sounds really complicated.

Why didn't she get a social security number??

[newyork37 0]

I would get a lawyer, this sounds really complicated.

Why didn't she get a social security number??

We just didn't realize how disastrous the consequences might be. Just plain stupid and supremely negligent. And like a couple of other cases in this board, we somehow got the impression that we were to be notified. Unlike others in the thread, we just didn't care care of the basics.

Now we're faced with considering all kinds of life-changing options - uprooting and moving back to Korea, for example. From my understanding she's less than 180 days of staying w/o status, and that could mean 3- 5- year ban on coming back to the States.

There's a thread by a practicing lawyer that says the reasons for the late filing will be accepted more often than the actual terms will state (something beyond your control, etc.) -- does anyone know any information just how strictly that's interpreted?

[Kiv 32]

[*]Her conditional PR card has been expired for 6 months

Failure to file will result in loss of your resident status. Late filings are permitted with sufficient explanation of the reason(s) for being late in filing.

USCIS

[*]No shared financial statements (partly due to lack of #SS, also because I was paying for most everything)

Electricity bill has my name and my husband's since before I had a SS#, some other companies like cable, telepone let you do it. Do you have a medical insurance? Is your wife listed as beneficiary on it?

[*]Tax returns have not been filed for the last 3 years.

You still can do this, there may be fines involved but you can do it.

I think that most of these things were needed since your first interview... did you have any ?

I wish you the best luck with this...

Edited April 7, 2007 by Lady_K

[JT4/25 38]

You should definitely get yourself an immigration lawyer...and fast. In the meantime...it's time to talk to someone with CIS. Perhaps an infopass appointment to explain your circumstances? Good luck....hate to say this...but start by getting your wife a SS#. It doesn't cost anything.

[newyork37 0]

[*]Her conditional PR card has been expired for 6 months

Failure to file will result in loss of your resident status. Late filings are permitted with sufficient explanation of the reason(s) for being late in filing. (USCIS Removing Conditions

[*]No shared financial statements (partly due to lack of #SS, also because I was paying for most everything)

Electricity bill has my name and my husband's since before I had a SS#, some other companies like cable, telepone let you do it. Do you have a medical insurance? Is your wife listed as beneficiary on it?

[*]Tax returns have not been filed for the last 3 years.

You still can do this, there may be fines involved but you can do it.

I think that most of these things were needed since your first interview... did you have any ?

I wish you the best luck with this...

Thank you Lady-K.

Looking back I just can't blame anyone but myself for being so [insert expletive here].

The actions we can take are file on Monday (fine not a problem), get affidavits asap, and call every utility company to get her on the bills even though it's way after the fact. Unfortunately we don't have life nor health insurances. Just a lot of bank and other statements that at least show we lived in the same address.

Since it's been so long (I've read cases where things were okay filing 1 month late) that I am afraid we even missed the removal notice if that has already begun.

How can I find out if removal proceedings has indeed taken place? And if so, what are the steps I can take to fight it?

Thanks again, I know I'd be shaking my head if this was someone else's thread....

You should definitely get yourself an immigration lawyer...and fast. In the meantime...it's time to talk to someone with CIS. Perhaps an infopass appointment to explain your circumstances? Good luck....hate to say this...but start by getting your wife a SS#. It doesn't cost anything.

Thanks JT4, we are planning to do so asap.

But is it possible to get her a SS# when her green card has expired?

[Kiv 32]

I remember to have read before about a form to find ot your status when somebody was worried about beeing in a deportation procedure, I went to USCIS web site but can't find it, will try to find that thread, if you are hiring an inmigration lawyer maybe he/she knows about it. I will post it here if i can find it.

[Aniomaman 0]

[*]Her conditional PR card has been expired for 6 months

Failure to file will result in loss of your resident status. Late filings are permitted with sufficient explanation of the reason(s) for being late in filing. (USCIS Removing Conditions

[*]No shared financial statements (partly due to lack of #SS, also because I was paying for most everything)

Electricity bill has my name and my husband's since before I had a SS#, some other companies like cable, telepone let you do it. Do you have a medical insurance? Is your wife listed as beneficiary on it?

[*]Tax returns have not been filed for the last 3 years.

You still can do this, there may be fines involved but you can do it.

I think that most of these things were needed since your first interview... did you have any ?

I wish you the best luck with this...

Thank you Lady-K.

Looking back I just can't blame anyone but myself for being so [insert expletive here].

The actions we can take are file on Monday (fine not a problem), get affidavits asap, and call every utility company to get her on the bills even though it's way after the fact. Unfortunately we don't have life nor health insurances. Just a lot of bank and other statements that at least show we lived in the same address.

Since it's been so long (I've read cases where things were okay filing 1 month late) that I am afraid we even missed the removal notice if that has already begun.

How can I find out if removal proceedings has indeed taken place? And if so, what are the steps I can take to fight it?

Thanks again, I know I'd be shaking my head if this was someone else's thread....

You should definitely get yourself an immigration lawyer...and fast. In the meantime...it's time to talk to someone with CIS. Perhaps an infopass appointment to explain your circumstances? Good luck....hate to say this...but start by getting your wife a SS#. It doesn't cost anything.

Thanks JT4, we are planning to do so asap.

But is it possible to get her a SS# when her green card has expired?

I don't know if applying for a SSN# now would be safe, best thing would be to speak to a lawyer first before you make any move 'cos you are in a very dicey situation. Goodluck!

[newyork37 0]

I remember to have read before about a form to find ot your status when somebody was worried about beeing in a deportation procedure, I went to USCIS web site but can't find it, will try to find that thread, if you are hiring an inmigration lawyer maybe he/she knows about it. I will post it here if i can find it.

Thank you Lady K. I did speak with an officer on the phone, and he couldn't find that status for my wife.

How does one go about in finding a lawyer? I remember this from the New York magazine http://nymag.com/bestlawyers/ -- otherwise it's a referral, if we can get one.

And I might be wrong but we can't get a SS anymore as her status has expired...

[JT4/25 38]

Your wife would still be in their computer system. Why don't you just go there anyway to see what they say? BTW...I tried to get my husband's name on the utilities when he first got to the USA and the utilitiy company told me they only put one person's name on the bill now. What?? Who knows...just FYI.

[newyork37 0]

Your wife would still be in their computer system. Why don't you just go there anyway to see what they say? BTW...I tried to get my husband's name on the utilities when he first got to the USA and the utilitiy company told me they only put one person's name on the bill now. What?? Who knows...just FYI.

Thanks again JT4/25,

I'll make an InfoPass reservation now and go see an officer. We're also calling all possible places (getting authorization on my bank debit card, vice versa) to see if we can place her name, however late it might be.

[sahir 0]

my thoughts to you get a lawyer get a lawyer and ASAP.

Good luck

[meredith pa 0]

Just one thing...

have you tried to check your case online....

just out of curiosity???? to see what it says????