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Filed: AOS (pnd) Country: Albania
Timeline
Posted

My ex-husband abandoned me on the day of our initial interview. I just obtained a workpermit from his previous petition. Now divorced. Fell in love and remarried. Please tell me what to do. Should I file a waiver for the previous petition or just go ahead and start a new petition of I 130 and 485? Since I just only have a work permit and no green card.

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

My ex-husband abandoned me on the day of our initial interview. I just obtained a workpermit from his previous petition. Now divorced. Fell in love and remarried. Please tell me what to do. Should I file a waiver for the previous petition or just go ahead and start a new petition of I 130 and 485? Since I just only have a work permit and no green card.

What sort of visa did you enter the US with?

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

I obtained work permit through spousal petition. Thank you. Came here as a tourist.

If your ex-husband didn't show up at the interview then your previous I-485 has already been denied. You would have had 30 days to file a petition to have it reopened. I'm presuming you didn't do that. Also, the EAD you obtained from the pending I-485 was canceled when the I-485 was denied. If an employer files an I-9 or uses eVerify to determine if you're eligible to work then it will probably come back negative. The expiration date on your EAD is no longer relevant.

I imagine the waiver you mentioned is the waiver you can file to remove conditions on a conditional green card after divorce. Your green card wasn't approved, so there's no waiver you could file.

Did you enter with a visitor's visa, or did you use the Visa Waiver Program?

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

 
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