Temp green card over 4 years on interview

[lca 0]

Hello,

I got married on January 2006 and had my interview in June of the same year. So far i have not received any response on our application and the temporary green card has not been approved but I have gotten advanced parole and work permit (i didn't renew the permit for the past two years since i'm self employed which created issues the last time i entered the USA since they claimed i was still working - even if it's for my own company. Now i'm getting the work permit as well).

My wife and I have been separated for about a year due to her having to work on another country and me having to work in and out of the USA to make ends meet.

We're going to get an info pass in the next couple of weeks and bring statements, photos, receipts, etc. but most of the bills are paid through the company (which is under my name) so even though there are bank statements they don't have a whole lot of activity.

We're going to come clean on the fact that we have been separated due to our travels for the last year but wanted to ask what the options were since the process is already over 4 years. If i simply abandon the process I assume i have to leave the country, how long will I have to leave? What are the chances of getting the permanent green card even if we admit to separation? If i abandon the process will it cripple my chances of getting a different type of visa down the road? (I would have to continue flying into the USA for business purposes).

Thanks.

[Boiler 46,374]

This one screams Lawyer.

Sounds like a 10 year ban if you do not adjust. And that seems very iffy.

What have you been doing to chase up matters over the last 4 years.

[lca 0]

I'm actually doing an info pass and headed over there with my lawyer to see what's up with the case... i have already been to an info pass about a year ago and they said the case was still under investigation but have received no response whatsoever from USCIS.

Why would there be a ban if i simply abandon the case? basically pull it from immigration?

[Boiler 46,374]

You will have been out of status for more than a year.

You are under the colour of law at the moment, if you adjust, no problem, if you do not....

[Harpa Timsah 13,258]

What ban? His AOS has been processing this whole time, so he has been in a period of authorized stay. No ban is being triggered at the moment. He also has an AP and has been traveling.

He may have other issues (separation) but a ban isn't one of them.

Edited March 23, 2011 by Harpa Timsah

[lca 0]

Correct... my AOS has been in processing for 4 years, i've never been out of status. how can the separation affect my process?

[Brother Hesekiel 2,236]

I'm having a problem with an AOS application running for close to half a decade. I have another problem with an applicant, and an attorney, who do nothing for four years and wait for divine intervention instead.

[lca 0]

Ok, so that gives me SOME hope that it can go through... what was the problem with that case? Why did it took so long?

[Harpa Timsah 13,258]

Bob is saying that he can't believe you have been patient this long, with an attorney, and there seems to be no action, and you just wait and wait and your wife is forced to move away from the US and you stay here and wait and wait - he is not describing his own case.

We can only speculate why it is taking so long, and the immediate things that come to mind are pretty bad... fake relationship, criminal activity, or some sort of misrepresentation/lying. I don't want to judge, and we have no information. However, you haven't lived with your wife for a year, and while your AOS has been pending, you have been working in other countries and traveling with AP - all separately from your wife. Why haven't you followed your wife to wherever she is living and then reapply for GC/spousal visa when you are both ready to move back? Sounds like you want to live in the US more than you want to be with your wife - and the whole point of a GC through marriage is because you want to live with your wife who lives in the US.

Edited March 23, 2011 by Harpa Timsah

[belinda63 3,052]

If it had been four years and my attorney didn't have a clue what was going on he would be fired and kicked out the door.

Step one: Infopass

Step Two: Contact congressman

Step Three: Contact USCIS Ombudsman

Be prepared to explain how you have a real relationship since you and the wife have been living apart for a year or so and Why (forgiven for US spouses I know) would you work without work authorization. It doesn't matter if you work for yourself, if you have income you are required to have a work permit.

[lca 0]

yeah, that's exactly what we're doing this coming week... the work permit was a mess up on the lawyer part since i was told i didn't need one since i wasn't getting a job anywhere (I know, not the smartest attorney). In any case i'm not directly working at my company since i have an income from back home...

When i contacted a different attorney i was told to stick with the current one at least through this infopass and make a decision after that appointment.

I guess the only thing i can do is go to the infopass and wait and see what happens!