Voluntary Departure question

[iansvisa 0]

My wife was granted voluntary departure by the court in January 2010. She was given 120 days to depart which she complied with, returning to the Philippines at the beginning of May 2010. She initially came to the US on a K-1 visa, sponsored by a guy who she married within 90 days of her arrival as required. She filed for her Adjustment of Status and while waiting her new husband began to abuse her and when she fought back and refused to do as he asked, he threw her out of his house. She and I had been friends long before this, but had never met face to face. When she reluctantly told me what had happened to her marriage and that she was still in the US, I invited her to visit me. She agreed and a few weeks later I picked her up from the airport. She had nowhere else to go so she moved in and never left. Her ex-husband filed for divorce and there marriage was over almost one year after it began.

We "dated" for over a year before I proposed to her and it was 9 months later before we married. The delay was mainly due to the fact that we still were not sure what to do about her status. Her original I-485 had been transfered from one center to another and was still pending as far as we knew. We called USCIS one day and explained our situation and they advised us to get married ASAP which was in fact, 3 days later. (Keep in mind that I was a novice at this game and had let her handle all the details prior to this). We filed our own Adjustment of Status based on our marriage as soon as we could. Unfortunantly, we neglected to send an I-130 along with the I-485, a fact which USCIS informed us of a few months later. We submitted an I-130 along with the filing fee, but assuming that the 2 forms would be combined, we didn't send any supporting documents, another fact that USCIS informed us of several months later when on the same day we received denial letters for both my wifes original I-485 and for our I-485. Our application was denied based on lack of supporting evidense (the I-130). The letter also included instructions on how to file an "appeal", which is what I did a few days later, sending in the required supporting documents for the I-130. By this time I was well involved in the process myself and learning how things really worked...or so I thought. We got a lawyer who advised us that the only way for her to adjust her status was to return to the Philippines and start over. He also advised us that she may face a "ban" based on time she had over-stayed. We decided to get a second opinon from another attorney and she basically told us the same thing. We decided on a date of departure that would have the least likely chance of having an overstay that would cause a multi-year ban and made plans for her to return to the Philippines.

Just a week before we were to leave we got a "Notice to Appear for Removal Proceedings" and I was in a panic. I called our last lawyer and was unable to reach her (she had moved her practice to Washington, DC). Her office refered us to a few other attorneys, one of whom I had talked to before. I called his office and he was able to see us immediatly. We were in his office 30 minites later.

He reviewed our situation and listened to our convoluted story (I actually sent him an email before we left detailing our story) and advised us to stay in the country and go to court and request "Voluntary Departure". With great relief, we did as he advised and in January, 2010 were given 120 days to depart by the court. My wife and I left the US in May 2010 and reported to the US Consulate in Manila as instructed to prove that she had indeed departed. I returned home 2 weeks later after meeting and staying with her family. Long before leaving the US we had filed a new I-130 and requested that the appeal for our original I-130 be withdrawn based on the fact that I thought it would not be succesfull. The new I-130 which was filed by our new lawyer was actually sitting in our local USCIS office waiting for her "A-file" to be put with it. We had no idea were her "A-file" was or how to find it and noone would tell us any different. I was told that just as soon as her A-file was at the local office I would be notified of an interview date for me or that the i-130 had been approved. So we waited...and waited...and waited.

It was about 7 months later that I heard form USCIS again. They informed me that the appeal for my original I-130 had been sent to the Board of Appeals. This completly surprized and dismayed me and I contacted my US Congressman's office to ask for their help. They contacted their contact at USCIS, who then contacted the Board of Appeals. A few weeks later I recieved a letter from the Board of Appeals stating that in-spite of the fact that I wanted the appeal to be withdrawn for lack of merit (they were aware of this), they had considered it and were recommending approval. Soon after I received notice that our appilcation had been approved and transfered to NVC.

The process since then has moved remarkable fast and yesterday I sent in the final paperwork to NVC, the IV application or DS-230 and now we wait for an interview to be scheduled. My question is simply this... Based on our story, what potential roadblocks if any does anyone see to my wife getting her Visa in Manila. Our lawyer told us in the beginning that getting "voluntary departure" voided any time that she may have spent here "out-of-status" or any "over-stay", so she should not be subject to any sort of ban. Can anyone confirm this? Is the fact that she immigrated once to the US on a K-1 that ended in divorce a liability? Any comments would be greatly appreciated.

Thank you for your time,

Ian

[romnick 15]

First of all, Congratulations on ur petitions approval.I am actually not familiar with this case but my piece of advice is that she should be well prepared for the manila consulate cos obviously she will be grilled of her previous marriage and ask a whole lot of questions about her departure from the states.However, since she wasnt deported and has complied by the immigration norms, I am sure she will be fine.Just pray and ensure you front load your petition with a lot of documents and you should be fine because there is nothing impossible unto God but you have got to play your role as well by she going there well prepared.I really dont have much to say but I am sure other members with similar situation might be able to help you out.Best of Luck!

[Sergi9 110]

My wife was granted voluntary departure by the court in January 2010. She was given 120 days to depart which she complied with, returning to the Philippines at the beginning of May 2010. She initially came to the US on a K-1 visa, sponsored by a guy who she married within 90 days of her arrival as required. She filed for her Adjustment of Status and while waiting her new husband began to abuse her and when she fought back and refused to do as he asked, he threw her out of his house. She and I had been friends long before this, but had never met face to face. When she reluctantly told me what had happened to her marriage and that she was still in the US, I invited her to visit me. She agreed and a few weeks later I picked her up from the airport. She had nowhere else to go so she moved in and never left. Her ex-husband filed for divorce and there marriage was over almost one year after it began.

We "dated" for over a year before I proposed to her and it was 9 months later before we married. The delay was mainly due to the fact that we still were not sure what to do about her status. Her original I-485 had been transfered from one center to another and was still pending as far as we knew. We called USCIS one day and explained our situation and they advised us to get married ASAP which was in fact, 3 days later. (Keep in mind that I was a novice at this game and had let her handle all the details prior to this). We filed our own Adjustment of Status based on our marriage as soon as we could. Unfortunantly, we neglected to send an I-130 along with the I-485, a fact which USCIS informed us of a few months later. We submitted an I-130 along with the filing fee, but assuming that the 2 forms would be combined, we didn't send any supporting documents, another fact that USCIS informed us of several months later when on the same day we received denial letters for both my wifes original I-485 and for our I-485. Our application was denied based on lack of supporting evidense (the I-130). The letter also included instructions on how to file an "appeal", which is what I did a few days later, sending in the required supporting documents for the I-130. By this time I was well involved in the process myself and learning how things really worked...or so I thought. We got a lawyer who advised us that the only way for her to adjust her status was to return to the Philippines and start over. He also advised us that she may face a "ban" based on time she had over-stayed. We decided to get a second opinon from another attorney and she basically told us the same thing. We decided on a date of departure that would have the least likely chance of having an overstay that would cause a multi-year ban and made plans for her to return to the Philippines.

Just a week before we were to leave we got a "Notice to Appear for Removal Proceedings" and I was in a panic. I called our last lawyer and was unable to reach her (she had moved her practice to Washington, DC). Her office refered us to a few other attorneys, one of whom I had talked to before. I called his office and he was able to see us immediatly. We were in his office 30 minites later.

He reviewed our situation and listened to our convoluted story (I actually sent him an email before we left detailing our story) and advised us to stay in the country and go to court and request "Voluntary Departure". With great relief, we did as he advised and in January, 2010 were given 120 days to depart by the court. My wife and I left the US in May 2010 and reported to the US Consulate in Manila as instructed to prove that she had indeed departed. I returned home 2 weeks later after meeting and staying with her family. Long before leaving the US we had filed a new I-130 and requested that the appeal for our original I-130 be withdrawn based on the fact that I thought it would not be succesfull. The new I-130 which was filed by our new lawyer was actually sitting in our local USCIS office waiting for her "A-file" to be put with it. We had no idea were her "A-file" was or how to find it and noone would tell us any different. I was told that just as soon as her A-file was at the local office I would be notified of an interview date for me or that the i-130 had been approved. So we waited...and waited...and waited.

It was about 7 months later that I heard form USCIS again. They informed me that the appeal for my original I-130 had been sent to the Board of Appeals. This completly surprized and dismayed me and I contacted my US Congressman's office to ask for their help. They contacted their contact at USCIS, who then contacted the Board of Appeals. A few weeks later I recieved a letter from the Board of Appeals stating that in-spite of the fact that I wanted the appeal to be withdrawn for lack of merit (they were aware of this), they had considered it and were recommending approval. Soon after I received notice that our appilcation had been approved and transfered to NVC.

The process since then has moved remarkable fast and yesterday I sent in the final paperwork to NVC, the IV application or DS-230 and now we wait for an interview to be scheduled. My question is simply this... Based on our story, what potential roadblocks if any does anyone see to my wife getting her Visa in Manila. Our lawyer told us in the beginning that getting "voluntary departure" voided any time that she may have spent here "out-of-status" or any "over-stay", so she should not be subject to any sort of ban. Can anyone confirm this? Is the fact that she immigrated once to the US on a K-1 that ended in divorce a liability? Any comments would be greatly appreciated.

Thank you for your time,

Ian

Well first congratulations on the BIA success. Not wanting to rain on the parade, but I think you might have another obstacle at the Embassy on trying to "toll" her unlawful presence (if its determined there is any). Its a pretty complicated scenario and certainly not typical, but my understanding is once in proceedings unlawful presence continues to toll even with VD compliance. Tolling unlawful presence is pretty tricky and you should get your attorney to figure it out for you so you know exactly what you are dealing with. My gut tells me the CO will have trouble figuring this out. The fact she was placed in proceedings is what will cause the issue. IMHO

http://www.state.gov/documents/organization/87120.pdf

http://www.nilc.org/immlawpolicy/removpsds/removpsds048.htm