i need serious advice

[genesisdiva 0]

hi, i and my husband filed the removal of condition, my husband was the citizen and while the case was pending, he wrote a letter to immigration that we were having problems and separating because he cheated on me and now has 2 kids with another woman. well we were called for interview and he didnt show up so my case was denied. not only was it denied but i was accused of forging his signatures and the whole marriage was a scam (which it wasnt) i wont waste 5yrs of my life for a scam. there haven't been any updates on the case yet, however, i started filing the child deferral program. but now i and my husband are getting back together, can we refile the removal of condition? or will we have to start all over again since we never got a divorce in the first place.

[Spartak 1]

Sorry to hear about cheating etc. I think in your case you should hire a lawyer. Good luck.

[awesome87 0]

it will be very tough and chances are very rare because he has sent letter to USCIS and did not show up for the interview.

[Darnell 8,479]

sure, file again and include letters of attestation, signed by him, covering what transpired.

You've a shot !

[Hypnos 6,578]

It's unlikely that USCIS will accept a late RoC filing without a really good reason why you are filing past the 90 day window.

It will also depend on how late you are filing. When did your conditional green card expire?

Edited March 29, 2013 by Hypnos

[VanessaTony 3,567]

No you can't refile the ROC. You were denied. Your GC was denied, you have no status.

You could try filing AOS with the I-130 but honestly with your red-flags (accused of marriage fraud which you didn't appeal, accused of forging signature, the letter your husband wrote... etc etc) I don't think your chances of success are high.

Exactly how long ago were you denied? what letter did you receive from USCIS? Are you in removal proceedings?

[genesisdiva 0]

No you can't refile the ROC. You were denied. Your GC was denied, you have no status.

You could try filing AOS with the I-130 but honestly with your red-flags (accused of marriage fraud which you didn't appeal, accused of forging signature, the letter your husband wrote... etc etc) I don't think your chances of success are high.

Exactly how long ago were you denied? what letter did you receive from USCIS? Are you in removal proceedings?

the letter he wrote did not indicate that it was scam, i was given a copy, it just stated that he was not in love with me anymore n has been cheating so he wanted out of the marriage. according to immigration i have not yet been put in deportation proceedings, they were supposed to summon me to immigration court which i'm waiting for the letter but never received. this was last year april 2012. when they sent me the denial letter they terminated every thing i had ( as in green card n work permit). after all these drama i found out i was pregnant with his child. i have been out of work for almost a year now, with a baby i fend for myself. Only God helps me, but now my husband wants to get back with me after i told him to come sign divorce papers. so if i was not put in deportation proceedings is there nothing he can do for me? as in defend me and all that?

[Darnell 8,479]

you might be best to get advice from an immigration attorney, but

it's my understanding that IF you are in a 'state' where you are allowed to file for 'the next thing' then you won't be deported - instead you will be told to file something. That's it, in general terms.

The fact that it's past the time window for filing the ROC, though - I don't know what to tell ya - you may want to consult an immigration attorney that specializes in late ROC filings .... Just my thought about it.

[genesisdiva 0]

you might be best to get advice from an immigration attorney, but

it's my understanding that IF you are in a 'state' where you are allowed to file for 'the next thing' then you won't be deported - instead you will be told to file something. That's it, in general terms.

The fact that it's past the time window for filing the ROC, though - I don't know what to tell ya - you may want to consult an immigration attorney that specializes in late ROC filings .... Just my thought about it.

thnx so much...

[VanessaTony 3,567]

the letter he wrote did not indicate that it was scam, i was given a copy, it just stated that he was not in love with me anymore n has been cheating so he wanted out of the marriage.

according to immigration i have not yet been put in deportation proceedings, they were supposed to summon me to immigration court which i'm waiting for the letter but never received. this was last year april 2012. when they sent me the denial letter they terminated every thing i had ( as in green card n work permit).

after all these drama i found out i was pregnant with his child. i have been out of work for almost a year now, with a baby i fend for myself.

Only God helps me, but now my husband wants to get back with me after i told him to come sign divorce papers. so if i was not put in deportation proceedings is there nothing he can do for me? as in defend me and all that?

I didn't say HE said it was fraud... You said "well we were called for interview and he didnt show up so my case was denied. not only was it denied but i was accused of forging his signatures and the whole marriage was a scam". This means that USCIS denied your case because THEY thought it was fraud. You didn't appeal it, so basically you agreed with them. They also accused you of forging his signature, they don't think you're a trustworthy person. You have some major red flags.

You're not in deportation proceedings, great, but did you change your address with them when you moved? They may have sent your letter elsewhere so call to enquire.

After that, you'd need to file for your greencard (not removal of conditions) all over again. Start from the start. Honestly though you'll probably be denied because it was only after he found out you were pregnant suddenly everything is better. They would probably just assume he's applying for you to keep you and his kid around and you'll just divorce later.

By all means try, but i think you should hire an attorney to help you to overcome the red flags.

you might be best to get advice from an immigration attorney, but

it's my understanding that IF you are in a 'state' where you are allowed to file for 'the next thing' then you won't be deported - instead you will be told to file something. That's it, in general terms.

The fact that it's past the time window for filing the ROC, though - I don't know what to tell ya - you may want to consult an immigration attorney that specializes in late ROC filings .... Just my thought about it.

She already filed for ROC and back in April 2012 it was denied. She can't refile for ROC because she has no greencard to remove conditions from. She is an illegal alien.

She will need to file for I-130/AOS all over again AND because of the length of the marriage she'll end up with a 10 year greencard IF she is approved. She'll be treated like ROC. She'll need to overcome their ruling of fraud, his letter, their separation and all the other red-flags.

They need an attorney.

Edited March 30, 2013 by Vanessa&Tony

[Darnell 8,479]

Vanessa - Ah ! I likes that path, actually. Thanks for the response !