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Filed: AOS (pnd) Country: Japan
Timeline
Posted

I really need your advice here.

We divorced 1 year after received my conditional GC.

After that, I met my current husband and remarried.

Then, I sent a cancellation letter for my conditional GC and filed for new I-130 and I-485 at the same time.

We received interview information for new I-485, I-130 from immigration and went there.

The officer said to us that he can only approve I-130 and cannot approve I-485 because my old I-485 still exists and it had not been canceled yet.

He also said he does not know how long it will take for them to cancel my current I-485 since this immigration office is not doing that work, so I will have to

wait until they send the cancellation notice for current I-485, then I can apply the new one.

I had talked with an immigration lawyer before canceled my I-485 and he said I can either file for I-751 or file for new I-485. That is why I decided to apply new one.

However, his assistant told me yesterday that it might confuse immigration people for the process since people usually will send I-751. She was afraid that it might not

process forever since the immigration is not obligated to cancel it for me and they are not going to do something outside regulations.

At this point, I don't know what I should do to make it clear.

1. Should I submit I-751 even if my unconditional GC has already been expired? That might help immigration to process my case.

2. Should I just wait until receive any letter from immigration?

3. Is there any other ideas?

I will appreciate your any advice.

Thank you.

Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)
What visa are you adjusting from? And what are you using as your current adjustment for this new I485 application?

I haven't ever seen anyone do this before.

:unsure:

you got it... that is the problem... she is in essence trying to adjust to greencard from a previous greencard (or no status because she cancelled her previous greencard)... using the I-485 simply cannot be correct... I-751 may not be correct due to letter of cancellation previously submitted.... this is a mess

Edited by payxibka

YMMV

Posted
What visa are you adjusting from? And what are you using as your current adjustment for this new I485 application?

I haven't ever seen anyone do this before.

:unsure:

you got it... that is the problem... she is in essence trying to adjust to greencard from a previous greencard (or no status because she cancelled her previous greencard)... using the I-485 simply cannot be correct... I-751 may not be correct due to letter of cancellation previously submitted.... this is a mess

That's what I got from the post as well... it is a mess, and hopefully it can get straightened out, but she will need a lot of help- probably from an attorney and definitely from USCIS.

Filed: Other Country: Philippines
Timeline
Posted

You already have your GC why do you have to apply for a new petition and adjust when you already adjusted at the beginning? It's like being in front of the line then decided to go at the end and start waiting again.. Since you got your CGC and were divorced, you should have applied for I-751 in which you are eligible instead of the I130 and I485 eventhough you remarried. And the cancelation of your CGC would make matters worst I believe. In my case, I have CGC and got divorced, I filed for the I-751 waiver, got married and successfully removed the conditions on my GC. At the time i have my N400 interview, all these matters where brought up again, got cleared and was approved.

I think you should consult an attorney to sort this out. You should have not rushed to cancelling your CGC and applying for the I130/I485 which is not necesarry/needed at this moment. Best of luck.

I-R5 at USCIS California Service Center

Consulate: Manila Philippines

5/19/09 Filed I-130 at Chicago Lockbox

5/22/09 USCIS rcvd I-130

6/01/09 Checks cashed

6/03/09 NOA1 rcvd for both parents

8/12/09 Email approval for Dad

8/17/09 Rcvd NOA2 for Dad

8/20/09 Rcvd RFE email for Mom

9/08/09 Email approval for Mom

9/12/09 Rcvd NOA2 for Mom

NVC

8/19/09 NVC rcvd dad's case

9/18/09 NVC rcvd mom's case

9/22/09 Emailed DS3032

9/28/09 Paid AOS/ I-864 fee of $70 for both

10/08/09 rcvd emails: DS3032 accepted

10/08/09 sent I-864

10/09/09 IV bill generated for both cases

10/10/09 Paid IV bill $800 for both

10/13/09 I-864 rcvd by NVC

10/15/09 DS230 mailed to NVC

10/16/09 I-864 accepted & entered into the system

10/19/09 DS230 rcvd by NVC

11/02/09 rcvd checklist emails

11/09/09 sent RFE to NVC via UPS

11/12/09 NVC received RFE

11/19/09 AVR: checklist response rcvd 11/18/09

11/28/09 Log-in failed for both

12/01/09 Case complete as of 11/30/09

12/14/09 rcvd emails of interview date

01/04-05/09 medical @ St.Lukes done

01/11/10 Interview @ USEmbassy Manila 6:30am

Filed: AOS (pnd) Country: Japan
Timeline
Posted

Thank you very much for your opinions.

At this moment, it seems I am not trying to adjust anything instead canceling the current status.

In real, I tried to cancel the old I485 to adjust my status with new I485, which was not the right process.

I will talk with my lawyer sometime next week to consider sending I-751 for them to process my case since I cannot do any further action without

their decision. I need a answer either accept or denied from them regarding the current I-485, so that I can at least make a action. Otherwise, it seems I will have to wait

until someone kindly decide to mail me on my case in 5 years or more years?

I don't think I have any status now at the moment. The immigration officer told me not to go outside the U.S since I might not able to come back since he cannot give me the

stamp on my passport due to my request of cancellation. He said I can stay in the U.S legally due to the approved I-130 and I can work with EAD.

The assistant of the lawyer explained to me that either way would take a long time to receive letter from them. I am not sure how long it usually takes for the process to

finalize GC from temporary GC, but my case will take that much long to receive any notice from them.

Posted
What visa are you adjusting from? And what are you using as your current adjustment for this new I485 application?

I haven't ever seen anyone do this before.

:unsure:

Me neither :blink:

usa_fl_sm_nwm.gifphilippines_fl_md_clr.gif

United States & Republic of the Philippines

"Life is hard; it's harder if you're stupid." John Wayne

Filed: Citizen (apr) Country: Jamaica
Timeline
Posted (edited)

go to justanswer.com, sign up, copy and paste your question on VJ and ask an immigration lawyer. You pay $15 if you are satisfied with the answer. They usually answer in 3 to 5 mins.

Edited by kcoyclay1

STANLEY & KAREN
01/15/2009 - Fedex I-130, I-485, I-693, I-864, I-765, G-325A
01/20/2009 - Received in mail-room and signed for by J CHYBA
01/28/2009 - Checks cashed by Homeland Security
02/02/2009 - Received in mail 3 pcs of NOA1 one each for I-485, I-130, I-765 dated 01/28/2009
02/03/2009 - Received email RFE. What did I not send now, whew!
02/09/2009 - Received mails for initial evidence and Biometric appointment (02/19/2009); mailed evidence
02/19/2009 - biometrics done - in a out in 45 minutes
03/14/2009 - Receive NOA2 dated 03/10/2009. AOS interview April 29, 2009
03/18/2009 - Touched. EAD Card production ordered
03/25/2009 - Touched. EAD approval sent
03/27/2009 - EAD card received in the mail; applied for SS# immediately (office is across the street from my home)
04/02/2009 - Received SS# in the mail
04/29/2009 - Interviewed. I- 130 approved, I-485 pending IO's review
05/05/2009 - Received NOA2. Welcome letter for Permanent Residency. I-130 and I-485 approved 04/30/2009
05/08/2009 - Touched. I-485 approval letter sent
05/11/2009 - GC received in the mail. Expires 2019
05/11/2009 - Applied to remove restrictions on my SS Card
05/18/2009 - Received unrestricted SS card

10/13/2009 - My darling husband of 2 yrs 5 months 3 weeks 3 days passed away :(

Naturalization Process (5 Yrs Later) :goofy:

Mar 28, 2014 - Mailed N-400
Apr 08, 2014 - Check cashed
Apr 09, 2014 - Receive Notice letter Priority date April 3, 2014
Apr 11, 2014 - Touched - Email - Biometrics letter mailed
May 08, 2014 - Biometrics done
May 12, 2014 - Touched - Email - In line for interview scheduling
July 12, 2014 - Pre-interview letter (Yellow letter) received in mail
Aug 20, 2014 - Touched - Email - Interview scheduled
Aug 25, 2014 - Interview scheduled for Sept. 24, 2014
Sept 24, 2014 - Passed interview
Oct 06, 2014 - Touched - Email - In oath scheduling que
Oct 08, 2014 - Touched - Text - Oath ceremony scheduled
Oct 14, 2014 - Received letter - Oath ceremony Oct 28, 2014
Oct 28, 2014 - I AM A US CITIZEN! :joy: :joy: :joy:
Nov 12, 2014 - Updated my status from permanent resident to citizen at Social Security
Nov 14, 2014 - Applied for US passport
Nov 29, 2014 - Received US passport book
Dec 01, 2014 - Received Passport card
Dec 04, 2014 - Received Naturalization Certificate

--------------------
KayCee

Ccut.jpg.png

Filed: AOS (apr) Country: Pakistan
Timeline
Posted

get a Japanese husband, they are richer

august 2004 I-129 filed (neb)

DEC 2004 Approved

interview: SEOUL

MArch 21st , 2005AR for special security clearance,washington

May 18th tranfer case from Seoul to Islammabad

June 21st security clearance done

June 28th online at the embassy in Islamabad

waiting for paper transfer and the good word

OCTOBER 14TH 2005 Interview Number 2: ISLAMABAD, PK

AR number 2 sent to DOS per Islamabad (2 cable request)

Nov 22 okd updated financial and etc proof accepted / embassy waiting for security cables

dec 20th one cable back waiting on 2nd

Jan 17th.. good word recieved. SECURITY CHECKS ALL CLEAR!!! DOS says embassy to contact him within two weeks!!!!!!

FEBRUARY 10th, 2006 VISA RECIEVED!!! They called him In via phone, stamped his passort and sent him on his way!!!

FEB 28th WELCOME HOME>>>POE CHICAGO did not even look at xray, few questions. one hour wait at Poe

march 10th marriage (nikkah at the islamic center)

aug 2006 AOS interview, cond 2 yr GC arrived september

June 2008 applied for removal of conditions on permant residency aka awaiting for 10 yr greencard

Dec 2008 10yr green card approved, no interview.

Filed: Timeline
Posted

What sort of "cancellation letter" did you send, and to whom? Usually, if an alien wishes to relinquish permanent residency (in your case it wasn't necessary, but that's water under the bridge) they have to do it formally with a form "abandoning" the status. In the event that you did not do that, you could try to remove "conditions" on your current status with an I-751. When you filed the second I-485, did you submit another Affidavit of Support? f you did I am surprised it ws not returned to you, since your former husband's would still be in effect.

I really need your advice here.

We divorced 1 year after received my conditional GC.

After that, I met my current husband and remarried.

Then, I sent a cancellation letter for my conditional GC and filed for new I-130 and I-485 at the same time.

We received interview information for new I-485, I-130 from immigration and went there.

The officer said to us that he can only approve I-130 and cannot approve I-485 because my old I-485 still exists and it had not been canceled yet.

He also said he does not know how long it will take for them to cancel my current I-485 since this immigration office is not doing that work, so I will have to

wait until they send the cancellation notice for current I-485, then I can apply the new one.

I had talked with an immigration lawyer before canceled my I-485 and he said I can either file for I-751 or file for new I-485. That is why I decided to apply new one.

However, his assistant told me yesterday that it might confuse immigration people for the process since people usually will send I-751. She was afraid that it might not

process forever since the immigration is not obligated to cancel it for me and they are not going to do something outside regulations.

At this point, I don't know what I should do to make it clear.

1. Should I submit I-751 even if my unconditional GC has already been expired? That might help immigration to process my case.

2. Should I just wait until receive any letter from immigration?

3. Is there any other ideas?

I will appreciate your any advice.

Thank you.

"diaddie mermaid"

You can 'catch' me on here and on FBI.

Filed: AOS (pnd) Country: Japan
Timeline
Posted

What sort of "cancellation letter" did you send, and to whom? Usually, if an alien wishes to relinquish permanent residency (in your case it wasn't necessary, but that's water under the bridge) they have to do it formally with a form "abandoning" the status. In the event that you did not do that, you could try to remove "conditions" on your current status with an I-751. When you filed the second I-485, did you submit another Affidavit of Support? f you did I am surprised it ws not returned to you, since your former husband's would still be in effect.

The request letter simply said that pls cancel my current GC process since we have already submitted new I130&I485 through new marriage with the Alien number. I was surprised when the officer told me that my GC was still active even 5 months after the expiration date. However, when I read the denial letter for the new I485, it stated that her current I485 still exist on and around X/X/08 which means that immigration just checked my record as soon as receive my application which was 5 months before GC expiration date. I think the immigration quickly made an decision of denial even before my actual interview date. So, I assume if the officer kindly checked my record around my interview date, they could find that GC had been expired.

As for I751, I heard that I was supposed to send it after my divorce got finalized and before remarried. I am not sure if this is true or not. My lawyer didn't tell me this. He just tell me that I can send it 90 days before the expiration date.

I am not sure what is Affidavit of Support, but my husband filled out the paper as a sponcer with proof of income.

I talked with one lawyer I found on website today and she said my new I485 should not have denied because my GC was actually beyond the expiration date (was expired). At this moment, they are not going to work for my case since my new I485 case was closed already. They simply put my file in the stack. She suggested we should request for motion of file? reopen my closed (new I485) case. I will see 2 more lawyers tomorrow.

I still don't know what is the benefit to have approved I130 in my situation? The officer sounded like a this worth something, but I think this is just a piece of paper without approved I485.

I think I have to be very careful when use the word of "abandoning" the status. Cancel my current GC process sounds more accurate in my case. I saw the word in their denial paper as a key word to get removed.

Filed: AOS (pnd) Country: Japan
Timeline
Posted
go to justanswer.com, sign up, copy and paste your question on VJ and ask an immigration lawyer. You pay $15 if you are satisfied with the answer. They usually answer in 3 to 5 mins.

Thank you very much for this info! It looks my issue was not that easy. It took them 23 hours to answer lol lol but I satisfied with the answer!

  • 2 weeks later...
Filed: AOS (apr) Country: Georgia
Timeline
Posted

I may be in the same situation as you in the future. I am waiting for my divorce decree - who knows how long but I plan on remarrying afterwards and do not intend to apply to remove conditions this coming March since the decree is still pending with my ex-husband. As well, my GC will expire this June. I am just going to return back to Canada and let my card expire with no intentions to waiver it.

When I remarry I will do the same and reapply everything all over again but will probably come across the denial of the affidavit due to a pre-existing one from my ex husband. So please, what is the best way to go about this? Please give me some insight into this.

Thank You!

go to justanswer.com, sign up, copy and paste your question on VJ and ask an immigration lawyer. You pay $15 if you are satisfied with the answer. They usually answer in 3 to 5 mins.

Thank you very much for this info! It looks my issue was not that easy. It took them 23 hours to answer lol lol but I satisfied with the answer!

Filed: Other Country: Philippines
Timeline
Posted (edited)

My ex filed for divorce couple of months before i filed my I-751 and therefore i waited for the decree which took about a year to be finalized and then filed the I-751 waiver. My card is expired at that time but i informed USCIS why i failed to file at a timely manner. When I filed the I-751 waiver( received RFE too), i remarried and informed them again about this matter and to cut the story short, i was approved! Now that I filed for my N400, the interview where more of my I-751 than the N400 but thanks God, after all those stingy comments, I was approved of my N400 and awaiting for my Oath letter.

Edited by mooninlove

I-R5 at USCIS California Service Center

Consulate: Manila Philippines

5/19/09 Filed I-130 at Chicago Lockbox

5/22/09 USCIS rcvd I-130

6/01/09 Checks cashed

6/03/09 NOA1 rcvd for both parents

8/12/09 Email approval for Dad

8/17/09 Rcvd NOA2 for Dad

8/20/09 Rcvd RFE email for Mom

9/08/09 Email approval for Mom

9/12/09 Rcvd NOA2 for Mom

NVC

8/19/09 NVC rcvd dad's case

9/18/09 NVC rcvd mom's case

9/22/09 Emailed DS3032

9/28/09 Paid AOS/ I-864 fee of $70 for both

10/08/09 rcvd emails: DS3032 accepted

10/08/09 sent I-864

10/09/09 IV bill generated for both cases

10/10/09 Paid IV bill $800 for both

10/13/09 I-864 rcvd by NVC

10/15/09 DS230 mailed to NVC

10/16/09 I-864 accepted & entered into the system

10/19/09 DS230 rcvd by NVC

11/02/09 rcvd checklist emails

11/09/09 sent RFE to NVC via UPS

11/12/09 NVC received RFE

11/19/09 AVR: checklist response rcvd 11/18/09

11/28/09 Log-in failed for both

12/01/09 Case complete as of 11/30/09

12/14/09 rcvd emails of interview date

01/04-05/09 medical @ St.Lukes done

01/11/10 Interview @ USEmbassy Manila 6:30am

 
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