Please help me I am confused and depressed

[DianaP 0]

I lived on the United States for 12 years, never stayed illegally, never worked illegally. In 2000 I got married to my middle school sweetheart and through him I acquired my first green card, in 2003 we filled jointly for the I-751, a week later I found out he was cheating on me and we got a simplified divorce... The I-751 was pending, for years I would go to the local office in Miami and they would simply stamp my passport I-751 pending which allowed me to work and travel.

By 2004 I was already leaving with a new boyfriend ( also an American born) we had a baby in 2006 and our baby was three months old when I went to the local office to renew my I-751 pending stamp and found out it had been denied and now I was in removal proceedings.

We got married in jan of 2007 in February of 2007 we filled the I-130. We were badly advsied by an unexperienced lawyer. So on my hearing in Sept of 2007 I choose voluntary departure ( since I was in removal proceeding solely because of the denial of the I-751 which was denied on the basis that I was in divorce process when I filled jointly with my ex husband even though their assumption was not true all I knew to do was to write them a letter together with an affidavit from our family therapist stating that only after we filled the thought of a divorce arose... still was an invalid shot). I have a perfect clean record and there is no bar period on my voluntary leave since I complied with the order promptly after the hearing.

I have now been in Brazil for a year with our son waiting impantiently for the adjutication of our I-130 and or I-129F whichever comes first.

We recently complied with an RFE for the I-130 in which they requested proof that my previous marriage did not infringe with USCIS laws... ( I sent them a 5lbs FedEx package with all the proof you could possibly imagine from affidavits, to joint accounts, income taxes, weddings albuns and pictures etc... for both of my marriages ).

Would I need a waiver once in the interview stages??? Even though I have no bar period on my voluntary departure and have not been ever denied entry or any source of visas????

Could they deny my I-130 solely based on my previous choice of voluntary departure? ( even though I proved a bona fide marriage and complied with the order promptly)

Please share any experience if anyone here have obtained a CR1 or K3 after voluntary departure.

Thank you so much for your help, I am truly desperate to hear others who might have had similar experiences as I am so depressed to be away from home for so long and terribly afraid of the burocracy of USCIS.

[emt103c 10]

If you were indeed given Voluntary departure and you complied, you will not need the I-212 waiver. Whether or not you will need the I-601 will depend on how long you were in the United States after your original case was denied. (If it was less than six months, then you will not need a 601.)

Your case, however, is more complicated because they are now suspecting that your first marriage was for the purpose of immigration, and even if you prove this is not true at the USCIS level, the consulate can still give you trouble. You probably need to STRONGLY consider hiring an EXPERIENCED immigration attorney. If you do not hire them, you still need a consulatation so that they can give you a heads up to anything that might be heading your way. You DO NOT want to be surprised at the interview.

A notarized letter from your first husband would probably go a LONG WAY in helping your case. Is he willing to help?

Two attorneys you might want to try are at these websites.

www.visajourney.com

www.humanrightsattorney.com

[DianaP 0]

Thank you so much for your response...

I am not sure if my ex husband would be willing to give me a letter, but I will try since his new wife hates me and he still bitter over the fact that I remarried and have a child now...( he could cheat but always though I would die alone after him...)

I have an attorney but she is very unexperienced and I am not confident at all on her anymore as I found our I never had to choose voluntary leave to start with as she suggested me to do since I had an I-130 pending I could just had stayed in the US.

Well my I-751 was denied in October of 2006 but i was not notified until january of 2007, in february I had an I-130 pending and I only stayed for my court hearing which was in Sept of 2007 and left 5 days after that do you think I would still need a waiver???

THANKS.

PS: We are in deep financial trouble and I am so afraid because we can not afford these expensive lawyers...

Edited August 31, 2008 by DianaP

[emt103c 10]

The problem is that you cannot afford NOT to have one of these lawyers. The waiver you can do by yourself, many people have, but if they suspect marriage fraud, you NEED experience on your side.

The second website I listed offers a free consult and the first charges $125. . .both are well worth it even if you don't hire them. They are straight shooters and both have impeccable reputations from everyone I've talked to who has used them. . .I specifically spoke to the one on the first website but handled my case myself.

I do think you will probably need a waiver, but one of these two attorneys could tell you for sure so that you will know if you need the 601 waiver. If you do, then www.immigrate2us.net is the BEST place to find waiver information. You can find sample waiver letters and examples of the evidence you will need to compile.

Immigration fraud or marriage fraud (which is the name of what they are suspecting in your case) is very serious. If they feel they've proven that against you, there is no chance of a waiver.

Both attorneys have finance companies, as far as I know, so you could pay in payments--just as an alternative.

[DianaP 0]

Thank you very much... I have written to the first attorney firm and hopefully I would be able to speak with one of them on Tuesday.... the first link you gave me is visajourney...LOL not an attorney...

I am in real agony with this, even though I have submitted proof of bonafide marriage as they requested... once they suspect something it is so hard to prove otherwise I agree with you...

I have actually also sent in with the latest RFE in reference to that affidavits of my ex-father in law who was also my sponsor on my first green card stating that he saw me dating his son from the time we were in middle school and swears to the bona fide of our marriage... I have followed your advice and I sent my ex hisband an e-mail asking him for an affidavit too ... as you suggested and I agree it can help at this stage.

I thought that if had no bar period on your voluntary leave you did not need a waiver .... Thanks for the clarification and great suggestions...

good luck to all of us in this endless journey...

Edited September 1, 2008 by DianaP

[emt103c 10]

Sorry! They're so close, stupid me!

www.visacentral.net

[DianaP 0]

Sorry! They're so close, stupid me!

www.visacentral.net

Thank you!!!!

[DianaP 0]

JUST TO HELP OTHERS WHO HAVE BEEN IN MY SITUATION HERE IS WHAT I HAVE FOUND OUT BOTH BY CONSULTING A FEW LAWYERS AND CALLING USCIS HEADQUATERS IN WASHIGNTON:

An alien who have filled the I-751 on time and it has been denied does not accrue unlawful presence between the date of denial and the date of the hearing for removal proceedings.

Further if you choose voluntary departure during your removal proceedings hearing ( which means you weer in removal proceedings, attended the hearing and was granted voluntary departure by the judge) and you leave withing the time stipulated by the judge that you shall leave the three year bar does not apply.

SO FROM WHAT EVERYONE HAS TOLD ME THANK YOU LORD.... I WILL PROBABLY NOT NEED A WAIVER....

[tammy2688 1]

Whew! Awesome

God bless,

Tam