5 years in marriage,separeted, how to get green card.

[mike2009 0]

hi, i am new to this forum, my friend ask me to post this question here and maybe some one had same problem.

my friend came to usa in 2000 on business visa, then changed to student visa, then in 2003 he got married to usa citizen .

he applied to get all papers done .so far he was able to get work permit in 2003 and newer received any more information on hes case no interview was perform.then he was separated in 2004 and she had moved to different state,

but they are still legally married.

now is the question

if there is any way to get green card and be on the way to citizenship without his wife?

thanks for any answers and suggestions.

[moonhunt 1]

First, what is the current status of his petition ?

He should be approved long time ago if he was filed for the spouse of US citizen.

If there is mail delivery problem between his residence and USCIS, his case may be denied based upon administrative case closing for non-response for 1 year period.

USCIS may think he abandoned his case.

Second, during the process, USCIS adjudicator "may" ask for bona-fide marriage relationship.

If they find it out that he is not living with her, USCIS adjudicator may suspect immigration fraud based on fake marriage relationship.

In that case, USCIS can cancel his whatever immigration status, and kick him out.

Also USCIS citizen spouse may be in trouble to assist immigration fraud.

I would strongly recommend to consult with good immigration attorney since every case is unique, and his case may be more complicated with his situation.

[wannabe_texan 0]

Did he actually file for AOS in 2003? And he's had no response other than the EAD since then? Something very wrong there, did your friend try to do an InfoPass or call to find out why it's taking so long, did he move and not get the interview letter? Is he sure that his wife hasn't written to USCIS, any kind of 'sour grapes' going on there?

[mike2009 0]

thanks for reply

First, what is the current status of his petition ?

i think is still pending, last thing he did is went for medical exam , and received a work permit witch is expired already.

He should be approved long time ago if he was filed for the spouse of US citizen.

If there is mail delivery problem between his residence and USCIS, his case may be denied based upon administrative case closing for non-response for 1 year period.

the address was changed but mail was forwarded to new address he never received any more information and he

left case like this,

now he is worry ,they still are married,but wife is gone.

so what the best thing to do ? start digging papers and send request for status,

or wait when President Obama will do something for this.

thanks again

USCIS may think he abandoned his case.

Second, during the process, USCIS adjudicator "may" ask for bona-fide marriage relationship.

If they find it out that he is not living with her, USCIS adjudicator may suspect immigration fraud based on fake marriage relationship.

In that case, USCIS can cancel his whatever immigration status, and kick him out.

Also USCIS citizen spouse may be in trouble to assist immigration fraud.

I would strongly recommend to consult with good immigration attorney since every case is unique, and his case may be more complicated with his situation.

[mike2009 0]

Did he actually file for AOS in 2003?

i thing he did

And he's had no response other than the EAD since then?

basically no respond

Something very wrong there, did your friend try to do an InfoPass or call to find out why it's taking so long

no he didn't

, did he move and not get the interview letter?

maybe yes, but mail was forwarded to new address in post office and at old place mail was check too

Is he sure that his wife hasn't written to USCIS, any kind of 'sour grapes' going on there?

i guess not .

[moonhunt 1]

thanks for reply

First, what is the current status of his petition ?

i think is still pending, last thing he did is went for medical exam , and received a work permit witch is expired already.

If he received EAD based on I-485 AOS, he can get renewal for EAD.

He should be approved long time ago if he was filed for the spouse of US citizen.

If there is mail delivery problem between his residence and USCIS, his case may be denied based upon administrative case closing for non-response for 1 year period.

the address was changed but mail was forwarded to new address he never received any more information and he

left case like this,

now he is worry ,they still are married,but wife is gone.

Did he file AR-11 Change of Address, and notify to the case by the method written in I-797 Receipt Notice ?

All non-US Citizen needs to report their Address Change within 10 days of event to USCIS.

Also most of USCIS mail have "Do not forward" printed in their mail envelope, so it may not forward to new address even though he has mail-forwarding service requested.

Usually it will be returned to USCIS back as "undeliverable".

so what the best thing to do ? start digging papers and send request for status,

or wait when President Obama will do something for this.

thanks again

Find I-797 Receipt Notice, what we called NOA1 - and other documents, then schedule local USCIS office appointment using InfoPass - USCIS appointment schedule system from www.uscis.gov -.

Then ask for current status.

USCIS may think he abandoned his case.

Second, during the process, USCIS adjudicator "may" ask for bona-fide marriage relationship.

If they find it out that he is not living with her, USCIS adjudicator may suspect immigration fraud based on fake marriage relationship.

In that case, USCIS can cancel his whatever immigration status, and kick him out.

Also USCIS citizen spouse may be in trouble to assist immigration fraud.

I would strongly recommend to consult with good immigration attorney since every case is unique, and his case may be more complicated with his situation.

[mike2009 0]

but in general there is way to get green card later citizen ship

without wife going to interview, from this position

he bin waiting for 6 year , maybe he shut wait and don't do anything and maybe there will be some kind of amnesty for immigrants?

or this is different case , he wil be treated like fraud marriage and will be deported?

thanks.

hi, i am new to this forum, my friend ask me to post this question here and maybe some one had same problem.

my friend came to usa in 2000 on business visa, then changed to student visa, then in 2003 he got married to usa citizen .

he applied to get all papers done .so far he was able to get work permit in 2003 and newer received any more information on hes case no interview was perform.then he was separated in 2004 and she had moved to different state,

but they are still legally married.

now is the question

if there is any way to get green card and be on the way to citizenship without his wife?

thanks for any answers and suggestions.

[Minya's wife 25]

This may be a bit harsh, but your 'fried' was in actuality married for one year only....he applied for AOS, got EAD, started the process, and stopped caring enough to follow through. Why should USCIS now , 5 years later award him a green-card based on a marriage that lasted one year and is now no longer valid?

Your friend does not seem much concerned with following through... He applies to adjust status and doesn't finish the process, or follow up on in in 5 years. His wife leaves him, moves to another state and he doesn't pursue a divorce/legal separation.

The file may very well still be open, though if it was returned 'undeliverable' from the post office, and not AR-11 "Address Change" was on file, the AOS could very well be administratively denied. For posterity, you can check to see the status, but I fail to see how there is any basis now, to receive that green-card.

Edited July 23, 2009 by Minya's wife

[mike2009 0]

i agree, but from other point they are legality married for 6 years now ,

maybe he can start process from beginning the only problem there is no wife to stand with him.

This may be a bit harsh, but your 'fried' was in actuality married for one year only....he applied for AOS, got EAD, started the process, and stopped caring enough to follow through. Why should USCIS now , 5 years later award him a green-card based on a marriage that lasted one year and is now no longer valid?

Your friend does not seem much concerned with following through... He applies to adjust status and doesn't finish the process, or follow up on in in 5 years. His wife leaves him, moves to another state and he doesn't pursue a divorce/legal separation.

The file may very well still be open, though if it was returned 'undeliverable' from the post office, and not AR-11 "Address Change" was on file, the AOS could very well be administratively denied. For posterity, you can check to see the status, but I fail to see how there is any basis now, to receive that green-card.

[moonhunt 1]

Nope. No different treatment.

They stick to the rule.

Petitioner and beneficiary are responsible for case follow-up.

If he didn't do the good job, and the case was closed with administration issue - no response for 1 year or longer -, it's his/her faults.

So in most case, they need to file it and pay it again.

As somebody else pointed out, US immigration system consider LPR - Lawful Permanent Resident -, and naturalized US Citizenship as privilege, not a right.

So if you don't do it, sorry! No make-up for late action!

For marriage-based LPR or citizenship application, USCIS adjudicator pretty much have concerned about bona-fide marriage proved.

So chances are high to be caught by USCIS adjudicator.

That's why I "strongly" recommend consultation with good experienced immigration attorney.

Not following-up with his case is his own fault.

ignorance is not excuse for this case.

That's why a lot of people hire immigration lawyer even though it seems pretty straight forward process except waiting, and waiting...

If he doesn't manage actual, real marriage with US citizen, who petition the case, USCIS may look at the case as marriage scam to get permanent resident card.

Also, if he doesn't manage legal immigration status at this moment, he can be kicked out - in professional term, deportation - at any time if he caught by USCIS officer or any government agency, who have access to his immigration status check.

but in general there is way to get green card later citizen ship

without wife going to interview, from this position

he bin waiting for 6 year , maybe he shut wait and don't do anything and maybe there will be some kind of amnesty for immigrants?

or this is different case , he wil be treated like fraud marriage and will be deported?

thanks.

[payxibka 10,047]

The standard is that the marriage needs to be more than just on paper.... in this situation, it appears that the "marriage" other than on paper stopped several years ago.

i agree, but from other point they are legality married for 6 years now ,

maybe he can start process from beginning the only problem there is no wife to stand with him.

[moonhunt 1]

i agree, but from other point they are legality married for 6 years now ,

maybe he can start process from beginning the only problem there is no wife to stand with him.

Probably changes are very very slim.

Since he didn't follow up with the case for 6 years. first thing I will do, if I were USCIS adjudicator, will be checking whether they still manage the bona-fide marriage.

It is marriage-basis case, so checking bona-fide marriage is almost certain.

For 6 years marriage, they should have plenty of proof, and USCIS will expect that if it is legitimate marriage.

[mike2009 0]

ok , got the point

what suggestion would be

he bin in states since 1999,

hes options are/

1.wait until he will be deported.

2.try to find out his status and try to live his live like other millions of immigrants

3.wait for Obama's new immigration reform

4.do nothing

5.fell in love with another us citizen and marry again

6.

7.

8.

he is not going back to his home country ,there nothing left

another question

is deportation reflects on driver licence?

and why he is not deported yet?

thanks again

The standard is that the marriage needs to be more than just on paper.... in this situation, it appears that the "marriage" other than on paper stopped several years ago.

i agree, but from other point they are legality married for 6 years now ,

maybe he can start process from beginning the only problem there is no wife to stand with him.

[moonhunt 1]

ok , got the point

what suggestion would be

he bin in states since 1999,

hes options are/

1.wait until he will be deported.

When he is caught, it will be deportation with probably life banning to U.S. because of marriage scam/immigration fraud.

2.try to find out his status and try to live his live like other millions of immigrants

Best way to go!

But it will cost some money and time. Along with patience!

3.wait for Obama's new immigration reform

Don't expect too much for Obama's new immigration reform.

It may make easy for some people, but it may make more difficulty for other people.

4.do nothing

5.fell in love with another us citizen and marry again

Even if he marry to another US citizen, his case will be flagged with "red" flag.

he is not going back to his home country ,there nothing left

He needs to terminate existing marriage, and also provide previous marriage information.

Since he was petitioned for I-130/I-485, new USCIS adjucator will have questions such as, "why wasn't it completed at all?".

another question

is deportation reflects on driver licence?

and why he is not deported yet?

Not all state have DMV system integrated to USCIS/SSA immigration status check system.

But most state DMV implemented more thorough check when it comes to renewal time.

So when he stop by DMV for driver license renewal, he may be asked for ID and immigration paperwork.

DMV doesn't enforce immigration issue.

So even if they find his case later, they can deny new driver license for renewal, but that's about it.

Edited July 23, 2009 by moonhunt

[justashooter 430]

ok , got the point

what suggestion would be

he bin in states since 1999,

hes options are/

1.wait until he will be deported.

2.try to find out his status and try to live his live like other millions of immigrants

3.wait for Obama's new immigration reform

4.do nothing

5.fell in love with another us citizen and marry again

that's hilarious

even more hilarious