What to do now?!

[hisandherslove 0]

I am new to this forum and need help. My husband and I have been married for 5 years. We lived in the US for 2 years and moved to his country, with the intentions of living over here permanently, so we did the I 407 and my husband abandon his green card. We have since decided that we want to go back to my home. We had our interview and all of our paperwork was correct and good to go but it appears that my husband had a removal order that we knew nothing about-since we've been over here. He turned in his green card in June and the removal order was done that following Oct (4 months AFTER he turned the card in). My husband has never been in any legal trouble or anything like that, so we were completely shocked when the consular told us about a "removal order in absence"!! The consular was a bit surprised when we showed him our I 407 and said that he will have to research this problem due to the fact that we turned in his green card well BEFORE the removal order was issued. The consular gave us back all of our original papers and my husbands passport and said that they will email me once they know what is going on. He said that we might have to file a waiver. My question is...what waiver would we file and why?? This is the governments issue for not communicating in a timely fashion-right? I mean, I realize that it's now our issue but I'm just at a loss as to what to do. I'm thankful for the fact that we are together and that we are able to go through this while we are together. My heart goes out to those who are apart and have to deal with these types of bumps in their process!!

[Penguin_ie 5,996]

That is very off. What was the reason for the removal? Was it just that he had a conditional greencard and didn't remove conditions as he was no longer in the cpuntry? If so, it is clear USCIS error and no waiver will be needed, but it may take some time for them to correct their records and issue the visa.

[hisandherslove 0]

That is very off. What was the reason for the removal? Was it just that he had a conditional greencard and didn't remove conditions as he was no longer in the cpuntry? If so, it is clear USCIS error and no waiver will be needed, but it may take some time for them to correct their records and issue the visa.

That is correct, he had a 2 yr conditional green card and we decided to move back to his country-therefore did not remove the conditions. He left the US 2 days after his green card expired. We used a lawyer the first time that we applied for his visa and I contacted that lawyer when we decided to move out of the US. The lawyer told me that since we were planning on leaving the US, we should not remove the conditions but rather do the I 407 once we left the US. I just wonder how long this will take for them to correct this on their end?!?! We have tried to coordinate my husbands visa with our childs school schedule and now everything is thrown off. Do you know if there is a time limit for them to correct their records and if we would have to do the medical visit again, once this is corrected?

[Used to be broken 147]

That is correct, he had a 2 yr conditional green card and we decided to move back to his country-therefore did not remove the conditions. He left the US 2 days after his green card expired. We used a lawyer the first time that we applied for his visa and I contacted that lawyer when we decided to move out of the US. The lawyer told me that since we were planning on leaving the US, we should not remove the conditions but rather do the I 407 once we left the US. I just wonder how long this will take for them to correct this on their end?!?! We have tried to coordinate my husbands visa with our childs school schedule and now everything is thrown off. Do you know if there is a time limit for them to correct their records and if we would have to do the medical visit again, once this is corrected?

You will more than likely NOT have to file a waiver, however getting USCIS to correct this is going to be a challenge. Are you still in contact with your attorney? If so, get him on this issue ASAP. What country are you in? If you have a USCIS office locally it might be helpful to approach them and ask for some guidance. If not find out which USCIS overseas office has jurisdiction over your country and call there. Might circumvent some of this hassle by contacting the USCIS Ombudsman immediately as they probably can inform you of the steps necessary to correct this and might even provide some of the research work on your case for you.

As for the physical being redone... that is a consular issue and unfortunately if 6 months goes by and the physical expires and/or the police certificate than you will be required to re-do it.

[hisandherslove 0]

You will more than likely NOT have to file a waiver, however getting USCIS to correct this is going to be a challenge. Are you still in contact with your attorney? If so, get him on this issue ASAP. What country are you in? If you have a USCIS office locally it might be helpful to approach them and ask for some guidance. If not find out which USCIS overseas office has jurisdiction over your country and call there. Might circumvent some of this hassle by contacting the USCIS Ombudsman immediately as they probably can inform you of the steps necessary to correct this and might even provide some of the research work on your case for you.

As for the physical being redone... that is a consular issue and unfortunately if 6 months goes by and the physical expires and/or the police certificate than you will be required to re-do it.

Yes we are still in contact with our attorney. He has advised us to "wait and see what the Consular says", but I hate just sitting here to wait! I'm not one to just sit and wait, if there is action that can be taken. I'm not sure what the USCIS Ombudsman is-please advise. I've received an email from the Consulate today and they told me that they are still processing and will advise our next steps when they are done. Do you think that it would be ok if I call our local USCIS office myself or would it be bothersome since the Consulate has stated that they are in contact with them? I don't want to make them mad by being a pain in the butt. I'm thankful for the advice here!

[Used to be broken 147]

Yes we are still in contact with our attorney. He has advised us to "wait and see what the Consular says", but I hate just sitting here to wait! I'm not one to just sit and wait, if there is action that can be taken. I'm not sure what the USCIS Ombudsman is-please advise. I've received an email from the Consulate today and they told me that they are still processing and will advise our next steps when they are done. Do you think that it would be ok if I call our local USCIS office myself or would it be bothersome since the Consulate has stated that they are in contact with them? I don't want to make them mad by being a pain in the butt. I'm thankful for the advice here!

What country? No I do not think it would be a problem if you called USCIS and the Ombudsman is an office that intervenes on behalf of the petitioner.

Google USCIS Ombudsman and fill out an case inquiry form. Call the local office where the green card came from too. Did he get a reciept when he turned it in?

[hisandherslove 0]

What country? No I do not think it would be a problem if you called USCIS and the Ombudsman is an office that intervenes on behalf of the petitioner.

Google USCIS Ombudsman and fill out an case inquiry form. Call the local office where the green card came from too. Did he get a reciept when he turned it in?

Italy, so yes we have a local USCIS office that I can contact. Yes, we have the I407 that is signed by the Embassy that he turned in his green card. I will look into contacting the USCIS Ombudsman. Thanks for the information! I just can't believe that this has happened!