Failed to file the application for 10 yrs GC.

[Brother Hesekiel 2,236]

Okay, people, is it just me, or do you all miss the main point?

Forget that the I-751 hasn't been filed within the allotted time frame.

Forget that the OP has no money for another lawyer.

Forget that her husband isn't a nice guy.

The main point is this:

Either a couple is still married and files jointly, which would require that the marriage is still intact and happy, or the GC holder files singularly, which would require that the USC spouse is either dead or they are divorced.

None of this is the case. There is no option to file for a married couple that is engaged in a marital war, yet not divorced. No lawyer has a base to file for his client under such conditions. USCIS will at some point consider the residency abandoned and initiate removal proceedings. When a court date in front of an immigration judge takes place, the OP or her attorney can ask for the removal proceedings to be put on hold until a divorce decree is at hand. That's the only way the game can be played at this time. In short, either happily married and filing jointly, or already divorced and filing singularly. There's nothing in between.

Correct me if I'm missing something.

[korat2michigan 0]

Update what she found out at the lawyer office;

The lawyer still lied to her that she filed her case in May. The USCIS sent the package back 2 weeks ago. It's not approved. My friend asked for the disapproved letter. The lawyer refused to show it to her...but gave her the letter from USCIS that sent to remind my friwnd to renew her 2 yrs GC instead as it over due. The lawyer said that she got this letter from immigration. (In fact my friend gave it to her on the first day.) The lawyer still said my friend didn't give it to her. She got fromt he immigration. If she saw this letter, she wouldn't do my friend's case. Waste her time!! And asked if my friend thinks she didn't file the case??....Also she told my friend to contact the court (she handed the envelope that has the court address shown). My friend asked who she will contact then. The lawyer said I don't know...When my friend asked for the document back. The lawyer said "Perfect!" and gave her 3 or 4 original papers back. When my friend walked away from the office, the lawyer still said sth on her back blah blah blah....sth like wasted her time......

I asked my friend why she didn't tell the lawyer that USCIS never cashed the check...so it means the lawyer never filed the case. She said she is so upset and doesn't want to hear more lie....

She will find the new lawyer and file the case ASAP.

[korat2michigan 0]

If the marriage was 'over' even before she filed for the removal of conditions, why didn't they just divorce? Why did the husband need to 'help' her remove conditions? If it was a valid marriage to begin with...then the normal documentation necessary to remove conditions should have been present by the time removal of conditions was necessary. Does she know that she can remove conditions even if she divorces?

.....

Why did she wait from April until now to realize that the money order was not cashed, i.e. petition was not filed? Did she not do AOS, to remember/know that the NOA1 from USCIS should come shortly after the petition is fled? When did her GC expire, before of after she hired the lawyer back in April? I guess I'm just confused as to why she waited this long to follow-up? I realize that one puts their faith in the lawyer and expects that when they hire said lawyer, things will be handled properly by/him her....but the petitioner still has to be pro-active and follow-up...especially is there is no information forthcoming from the lawyer as to status.

.......

She needs to concentrate on fixing the mess she's in. Forget about suing the lawyer. She is with an expired conditional green-card. The ROC needs to be filed as soon as possible. Go to the lawyer's office, get the documents from him....update it with any additional evidence (if applicable) and file the petition.

Thank you Minya's wife....Believe me...I had many "why" questions too when I heard this story... Hard to believe but it already happened....

[korat2michigan 0]

Okay, people, is it just me, or do you all miss the main point?

Forget that the I-751 hasn't been filed within the allotted time frame.

Forget that the OP has no money for another lawyer.

Forget that her husband isn't a nice guy.

The main point is this:

Either a couple is still married and files jointly, which would require that the marriage is still intact and happy, or the GC holder files singularly, which would require that the USC spouse is either dead or they are divorced.

None of this is the case. There is no option to file for a married couple that is engaged in a marital war, yet not divorced. No lawyer has a base to file for his client under such conditions. USCIS will at some point consider the residency abandoned and initiate removal proceedings. When a court date in front of an immigration judge takes place, the OP or her attorney can ask for the removal proceedings to be put on hold until a divorce decree is at hand. That's the only way the game can be played at this time. In short, either happily married and filing jointly, or already divorced and filing singularly. There's nothing in between.

Correct me if I'm missing something.

Thank you "Just Bob" for this points.

[korat2michigan 0]

Exactly right. How could she possibly rest on her laurels while seeing no progress on her case escapes logic. WOW.

As far as I know she contacted her lawyer sometimes while she kept waiting...The lawyer always said nothing was updated and she believed that...because she always thinks her case is not easy..... She knows it's her fault too that let this problem happens and try to find the way to go on.....