Getting Anulled before master hearing

[JimVaPhuong 4,863]

No he had a master hearing a little less than a year ago about that previous marraige, and to lift him from the removal proceedings. I believe this master hearing is about Our present marraige, but his lawyer only talks to him about it, so when I asked him, and read the letters, What I got from it was that it was about our marraige.

There's something going on that they may not be telling you.

In a typical AOS petition case based on marriage to a US citizen, the couple may or may not be called in for an interview. It's up to USCIS. Sometimes people are selected at random. If things don't go well at the interview, then they'll call for a second interview - the stokes interrogation. This is a grueling process that can last for hours. After that, a decision is made. If the AOS is approved, then a green card is issued. If not, then removal proceedings may begin. The first encounter with an immigration judge will be a "master hearing". This is a cattle call, where the judge hears the basis for each case, and determines how to proceed next. If the immigrant intends to fight deportation, then eventually an individual hearing will be scheduled.

However, in your case you've already had a stokes interrogation. You were subsequently told that the petition was approved, which should have meant he was going to get a green card, but now you are saying that he still has to appear at a master hearing? Why would he need to see an immigration judge if his petition was approved, unless he's still fighting deportation from his previous marriage?

Something isn't right here. Prepare a statement explaining your situation, and that you want to withdraw your affidavit of support. Have your signature notarized, and send it to the USCIS office where your petition was adjudicated. Be sure to write his alien registration number on the letter. Move quickly on this. If his petition was actually approved then it may be too late to withdraw the affidavit.

No offense to your attorney friend, but simply being a member of the Bar Association does not necessarily qualify someone to offer useful assistance in any area of the law. You really need an immigration attorney to find out what's going on with the immigration case and get you out of the affidavit of support, and you need a divorce attorney to help you get out of the marriage.

[justashooter 430]

Thank you!.... I appreciate your help.

I have already laid that plan all out . I know what I said in the stokes interview, and I dont want to brandish my name by saying that I initially lied. And I am not even letting him know what I'm doing. Unless he has installed a hacking device on my computer, lol. I dont want to give him any chance to superceed me in this.

so you lied to help this guy retain an immigration benefit he had earlier based upon a fraudulent application. that's nice. were you just helping a fellow countryman out, or did he pay you?

masters in nursing? god help us is even BSN graduates don't know the difference between brandish and tarnish, or what the meaning of supercede is. from your writing i will assume that you are not US born, and are a citizen by naturalisation. if so, your lie in his interview places your own status in jeopardy. if we are lucky it will come out, your citizenship will be rescinded, and you will both be deported. it's what you both deserve.

nurses are supposed to be ethical creatures. it appears that you have no ethics.

[Sandy Bee 6]

You got a letter saying that petition was approved??? What petition?

i 130

[Sandy Bee 6]

so you lied to help this guy retain an immigration benefit he had earlier based upon a fraudulent application. that's nice. were you just helping a fellow countryman out, or did he pay you?

masters in nursing? god help us is even BSN graduates don't know the difference between brandish and tarnish, or what the meaning of supercede is. from your writing i will assume that you are not US born, and are a citizen by naturalisation. if so, your lie in his interview places your own status in jeopardy. if we are lucky it will come out, your citizenship will be rescinded, and you will both be deported. it's what you both deserve.

nurses are supposed to be ethical creatures. it appears that you have no ethics.

Dude, whats your issue ? First of all, What are you talking about .. you said "I lied to help this guy out"? Ethics? What is so non-ethical about falling in love with a person? I didn't LIE about any thing. I loved him wholeheartedly. When we went to the interview, we lived together. Everything I said at the interview was bona-fide. There was no LIE in the interview, you are only assuming I lied because maybe I was a total idiot and fell in love with someone who had alterior motives. Maybe I wasn't totally clear on what i meant, but after our interview, thats when things went hay-wire. AFTER the interview, THATs when we started living separatley, thats when he started going on internet dating sites, etc...

If you have a problem with a college graduate making a few grammatical errors, SORRY!... I didn't know that was the basis of this message board. I guess I should just be deported to.. Uh, wait I am american born. I only wanted a few tid-bits of information, but If my writing style is not sufficient enough, then maybe you shouldn't bother reading.

[Sandy Bee 6]

There's something going on that they may not be telling you.

In a typical AOS petition case based on marriage to a US citizen, the couple may or may not be called in for an interview. It's up to USCIS. Sometimes people are selected at random. If things don't go well at the interview, then they'll call for a second interview - the stokes interrogation. This is a grueling process that can last for hours. After that, a decision is made. If the AOS is approved, then a green card is issued. If not, then removal proceedings may begin. The first encounter with an immigration judge will be a "master hearing". This is a cattle call, where the judge hears the basis for each case, and determines how to proceed next. If the immigrant intends to fight deportation, then eventually an individual hearing will be scheduled.

However, in your case you've already had a stokes interrogation. You were subsequently told that the petition was approved, which should have meant he was going to get a green card, but now you are saying that he still has to appear at a master hearing? Why would he need to see an immigration judge if his petition was approved, unless he's still fighting deportation from his previous marriage?

Something isn't right here. Prepare a statement explaining your situation, and that you want to withdraw your affidavit of support. Have your signature notarized, and send it to the USCIS office where your petition was adjudicated. Be sure to write his alien registration number on the letter. Move quickly on this. If his petition was actually approved then it may be too late to withdraw the affidavit.

No offense to your attorney friend, but simply being a member of the Bar Association does not necessarily qualify someone to offer useful assistance in any area of the law. You really need an immigration attorney to find out what's going on with the immigration case and get you out of the affidavit of support, and you need a divorce attorney to help you get out of the marriage.

We got approved on the i-130. THats the petition I was referring to... Sorry, I wasn't clear on a few things, I am pretty new to these things. On the bottom of the letter it said something along the lines of "This has nothign to do with your AOS , its ONLY the petition that your approved for the i-130" So, I dont know why the master hearing is coming in May, but I will get moving on this. I dont want to take any chances. WHere do I send the letter? We went to the federal plaza blding in NY. Is that where i send it? I am calling on Monday to get all the info, but any information about where to send it would be greatly appreciated. Thanks very much for your help =)

[Anh map 2,098]

OP, you need to speak with a very experienced and qualified immigration attorney to learn what is the best way to proceed.

Also a family law attorney to discuss the options for divorce v. annulment.

This seems to be far beyond a "do it yourself" situation.

Best of luck.

[Okalian 41]

so you lied to help this guy retain an immigration benefit he had earlier based upon a fraudulent application. that's nice. were you just helping a fellow countryman out, or did he pay you?

masters in nursing? god help us is even BSN graduates don't know the difference between brandish and tarnish, or what the meaning of supercede is. from your writing i will assume that you are not US born, and are a citizen by naturalisation. if so, your lie in his interview places your own status in jeopardy. if we are lucky it will come out, your citizenship will be rescinded, and you will both be deported. it's what you both deserve.

nurses are supposed to be ethical creatures. it appears that you have no ethics.

Wow...

If you think citizenship is contingent on people's English, then YOU should get deported (In fact, a huge percentage of Americans will be deported as well). At least she knows how to use uppercase and properly punctuate a sentence.

I don't sense any kind of fraud from her side. She's actually trying to withdraw her paperwork because she feels the marriage is fake from HIS side, thus trying to do the right thing. No need to jump to any conclusions.

Edited April 11, 2010 by Okalian

[ziia 9]

so you lied to help this guy retain an immigration benefit he had earlier based upon a fraudulent application. that's nice. were you just helping a fellow countryman out, or did he pay you?

masters in nursing? god help us is even BSN graduates don't know the difference between brandish and tarnish, or what the meaning of supercede is. from your writing i will assume that you are not US born, and are a citizen by naturalisation. if so, your lie in his interview places your own status in jeopardy. if we are lucky it will come out, your citizenship will be rescinded, and you will both be deported. it's what you both deserve.

nurses are supposed to be ethical creatures. it appears that you have no ethics.

Justashooter, I much appreciate your sharp intellect every time you reply a post, but you blew it big time, in this case lol. I suggest you roam through campuses and then come back and tell us all about it lol.

"I have already laid that plan all out . I know what I said in the stokes interview, and I dont want to brandish my name by saying that I initially lied."

Say what? lol

1. I really think you should get a GOOD lawyer!!! let him/her speak for you!!

2. You should be aware that if you scream fraud on him, he'll most likely scream fraud on your part too. If you're 100% genuine, I wouldn't worry about it.

3. Have your lawyer advise you what's the best path to take so you don't dig your own hole even further. If you think you can prove fraud without making yourself look guilty of the same thing, then go for it. Other than that, what you can do is write, call USCIS, let them know the truth and also, get a divorce.

Good luck

Edited April 11, 2010 by ziia

[JimVaPhuong 4,863]

We got approved on the i-130. THats the petition I was referring to... Sorry, I wasn't clear on a few things, I am pretty new to these things. On the bottom of the letter it said something along the lines of "This has nothign to do with your AOS , its ONLY the petition that your approved for the i-130" So, I dont know why the master hearing is coming in May, but I will get moving on this. I dont want to take any chances. WHere do I send the letter? We went to the federal plaza blding in NY. Is that where i send it? I am calling on Monday to get all the info, but any information about where to send it would be greatly appreciated. Thanks very much for your help =)

Ok, understood. The I-130 is his immigrant visa petition. This makes him legal in the US and eligible to apply for AOS. You can still withdraw your affidavit of support. I'm pretty sure you should send the letter to the same USCIS office where you sent the AOS petition and affidavit of support, but an immigration attorney may advise you to send it to the local office where your interview was conducted. No damage would be done if you sent a letter to both offices.

I can think of no reason why a master hearing would be called for unless he's still in deportation proceedings. It sounds very much to me like he's trying to halt the deportation process based on his new marriage to you, and he needed the I-130 approval to proceed. Get an immigration attorney, and put and end to this as soon as possible.

Again, I caution you: If you withdraw your affidavit of support, then his AOS will trainwreck. At that point, he'll only have a few options for stopping the deportation and adjusting status. One is an extreme hardship petition. If his attorney is worth her salt then she'll tell him that his chances of getting this approved are nil. Another possibility is VAWA. As the spouse of a US citizen, if he can prove he was abused then he's eligible for a green card. If you pull the plug on his AOS then he may very well try to contact you in order to establish the evidence he'll need for a VAWA petition. This would involve SETTING YOU UP for an accusation of spousal abuse! This could be as simple as a self inflicted injury and a call to the cops. If the cops see a black eye, and he says you did it, then he's got the evidence he needs, and you spend the night in jail. It is critically important that you do not allow yourself to be alone with him. Even better is if you have no contact with him at all.

[Sandy Bee 6]

Ok, understood. The I-130 is his immigrant visa petition. This makes him legal in the US and eligible to apply for AOS. You can still withdraw your affidavit of support. I'm pretty sure you should send the letter to the same USCIS office where you sent the AOS petition and affidavit of support, but an immigration attorney may advise you to send it to the local office where your interview was conducted. No damage would be done if you sent a letter to both offices.

I can think of no reason why a master hearing would be called for unless he's still in deportation proceedings. It sounds very much to me like he's trying to halt the deportation process based on his new marriage to you, and he needed the I-130 approval to proceed. Get an immigration attorney, and put and end to this as soon as possible.

Again, I caution you: If you withdraw your affidavit of support, then his AOS will trainwreck. At that point, he'll only have a few options for stopping the deportation and adjusting status. One is an extreme hardship petition. If his attorney is worth her salt then she'll tell him that his chances of getting this approved are nil. Another possibility is VAWA. As the spouse of a US citizen, if he can prove he was abused then he's eligible for a green card. If you pull the plug on his AOS then he may very well try to contact you in order to establish the evidence he'll need for a VAWA petition. This would involve SETTING YOU UP for an accusation of spousal abuse! This could be as simple as a self inflicted injury and a call to the cops. If the cops see a black eye, and he says you did it, then he's got the evidence he needs, and you spend the night in jail. It is critically important that you do not allow yourself to be alone with him. Even better is if you have no contact with him at all.

Wow, You have pretty much gave me all the information I ever needed. You are absolutely right about the spousal abuse situation, he has even threatened to "call 911" when I do something stupid like yell at him or push him when he's being rotten to me. I havent been alone with him since this whole thing blew up last week, and I am currently enrolled in school, with a roster with dates, times, and our names, which would save me if he was to ever self inflict wounds and say I did it, I have a true alibi.

The master hearing must be for that previous deportation proceedings, as you said. And the i-130 was what he needed to stick around. I am going to get the address of where to send it to, and send it Certified Mail... Both offices. I hope it reaches them in time. This master hearing is on May 2, so on Monday I am running to the post office.

Again, thanks for all your help in this.

[sachinky 465]

Listen to Jim.

Make sure you avoid ANY and ALL contact with him.

Pull the Affidavit of Support. NOW.

Keep us informed and good luck!

[justashooter 430]

Dude, whats your issue ? First of all, What are you talking about .. you said "I lied to help this guy out"?

if you have a problem with a college graduate making a few grammatical errors, SORRY

i really have a hard time believing you are a US born college graduate, but then, you are going to school in NJ.

you did indicate in an earlier post that you lied about him living with you, and remarked that he even had a drivers liscense from NY. how else are we supposed to read what you wrote?

if you can't find a remedial english program in your school of choice, feel free to apply to Shooters School of Remedial Vocabulary and Grammar any time. the tuition is high, and you can't get a stafford to cover it, but it's worth it.

[Minya's wife 25]

I thought AOS by marriage to a USC would not save one from deportation proceedings? This "master hearing" may very well be for the deportation proceedings, which are still in effect...but given that the new I-130 is approved, he is thinking he's golden because it can be used as evidence to get the deportation proceedings lifted.

SandyBee, this definitely does not sound like a case you can just 'write some letters' and fix. You really, really should consult with an immigration attorney. If finances are tight, perhaps you can find someone that will take payments, but I would not be going at this alone. Divorcing him, or annulling the marriage may be the least of your worries. It is this man's immigration, which you are tied to by being his wife, that seems complicated. He has an attorney who is advising him...you need to have your own legal representation to understand your options and to know how to proceed.

Good luck,

-P

[Sandy Bee 6]

i really have a hard time believing you are a US born college graduate, but then, you are going to school in NJ.

you did indicate in an earlier post that you lied about him living with you, and remarked that he even had a drivers liscense from NY. how else are we supposed to read what you wrote?

if you can't find a remedial english program in your school of choice, feel free to apply to Shooters School of Remedial Vocabulary and Grammar any time. the tuition is high, and you can't get a stafford to cover it, but it's worth it.

What I said in the first post was that he got a license from a different state from which we were living in, AFTER the interview. After we stopped living together - When we had the interview, we LIVED the same house in NJ. After the interview, I guess he thought he was "golden" as another poster remarked, and now thinks he can do whatever he pleases since he already got this far.

And for someone who can't spell LICENSE right, you really don't have room to make any judgments on my grammar. Can you just please stop this? I'm not here to argue about my friggen college education and or my citizen ship status with you, I am only here for some help with a serious situation in my life. I hope you can get past that and either give some support, or please move on. Thanks.

[Sandy Bee 6]

Actually, I have another inquiry if I may do so..

During the time that I signed the affidavit of support, my income was not at 17,500 ( I believe that is the amount) and still isn't that amount per year. I'm a full time student, and I work part time. Would that be a possible loop hole to get out of the Aff. of support?