I'm in need of desperate help. Please

[Sage001 0]

Hi everyone,

I need help and if you can post your experience similar to my situation, that would be great. So I came to US with B2 visa along with my 3 kids in 2005. My relative introduced this guy to me and we got marry. After 5 months, my husband filed I-130, I-765, I-485 for me and my kids. We never receive the notice for interview so after 2 months. USCIS sent us denial letter due to failure to appear for interview and lack of prosecution. I didn't found out about this til 2008. I filed motion to reopen but it was denied because INS stated that it's not their fault that we didnt receive notice for interview. Then I try to save more money to file it again. Then my husband refiles I-130, I-765, and I-485 again in 2011. We all went to the I-485 interview, but my husband got scared by the officer because he said that the person told him that the answers didnt match and suggested him to withdraw, which he did. We got denial letter stating that "proceedings will be instituted to enforce departure. It's been 2 years now and I've been looking for lawyers to help me with my case but there's no help right now.

Can anyone help me? Or is anyone in the similar situation? Can you post your experiences?

My oldest son graduated high school a year already, but because the dad withdraw, he can't go college because we can't afford it. My second child is going to be a senior this year so I really want to finish this as soon as possible.

Extra Information: my husband and I are still married, in fact we've been married for almost 8 years. He's been in and out of US because he had to do surgery at another country and he needed to resolve family matters. He's a USC. We didn't really live together, because he was out of country most of time, our answers didnt match at the interview.

So now, what can I do now? What are my other options to adjust my status here? Please don't say things like deportion.

[aaron2020 11,651]

You need a lawyer.

At this point, there is little a public forum can do to help.

You have muttiple denials, answers that don't match, a husband who you "didn't really live together with, and notice two years ago that deportation was started.

We can't help. You need a lawyer.

[Speech1326 0]

ya he is right....a well oriented lawyer on that specific case could/would and might help you....time is wasting...start the reserch and find one...woud cost alot but you need it badly....

[Sage001 0]

How would I know if deportation started yet or not? And yes I have been looking for lawyers but they all said the same thing. I'm so sad right now. Do you guys know any lawyers who specialize with this kind of case?

[Sage001 0]

And also my husband has totally abandon us after he signed to withdraw I-130 petition. Should I file divorcement? What will be the cons if I do?

[NikLR 13,232]

You need a lawyer.

[aaron2020 11,651]

And also my husband has totally abandon us after he signed to withdraw I-130 petition. Should I file divorcement? What will be the cons if I do?

Once you divorce, you have no basis to adjust since you no longer would have a USC husband.

If your husband has abandoned you, then you do not have a bona fide marriage to adjust from.

Sorry, there is no legally options for you and your children to adjust.

[Sandra G. 5,070]

Even if you find a lawyer now what is the basis to adjust your status? NONE,ZERO,NADA... He left, you can't file for Adjustment of Status if you are not living with him anymore.

[Jawaree 718]

Go to immigrate3US.com some attys are there , they do phone consultations

this is not a DIY case, if the marriage was not a fraud explain it to the atty

however U messed up and & U both not knowing enough about each other, there's no

way to adjust....sad for the kids mostly...so R U in a bonafide relationship now

with someone else?...lady you have to live with your husband and share bank accounts,

address and a life together...U need an atty ASAP before ICE comes calling

[Sage001 0]

Go to immigrate3US.com some attys are there , they do phone consultations

this is not a DIY case, if the marriage was not a fraud explain it to the atty

however U messed up and & U both not knowing enough about each other, there's no

way to adjust....sad for the kids mostly...so R U in a bonafide relationship now

with someone else?...lady you have to live with your husband and share bank accounts,

address and a life together...U need an atty ASAP before ICE comes calling

t

We are legally married, but not living together right now. I'm trying to find him. His phone & email doesn't work, so I'm trying to get his family members' phone number to see if he's really over there to take care of family matters.

[belinda63 3,047]

Being legally married is different from having a real marriage. You are not together, you don't even know where he is. There is currently no way for you to adjust status, i.e. obtain a green card. Best for you and the children to leave so the children can have a real life in a country where they are legal. At this point you and your children are subject to detention and deportation at any time.

[makebalayesarr 9]

A real husband will never leave his lovely wife and awesome family at the whims of ICE for deportation. You should tell the truth about your marriage. What's your husband is scared off? Maybe a $10.000 fine and a jail time..

[together4evr 360]

It sounds like a fraud marriage

Did you ecer live together

Do you have a checking or savings account with him

Do you pay him money

Does he pay any of your bills or utilities

Do you work

[Sage001 0]

A real husband will never leave his lovely wife and awesome family at the whims of ICE for deportation. You should tell the truth about your marriage. What's your husband is scared off? Maybe a $10.000 fine and a jail time..

Yes that's what he told me. My husband told me that the interviewer told him its better for him to withdraw or $10,000 fine n jail might apply to him. But you know, it hurts a lot. We had a lot of great times back then, but ever since he started the trip for health surgery & family matters in VN, everything falls apart. I was depended on him, but I can't even believe he did this to me.

[HollyGolightly 72]

Your case is not without hope, but you will need a competent attorney to file an appeal. First off, what proceedings have been undertaken after your denial? Was a finding of marriage fraud ever issued after your interview and were you ever prosecuted for it? At what stage is the current exclusion proceedings? Have you been formally notified that one has been instituted against you and your kids?

There are intricacies to your case that are not novel. A good immigration lawyer can argue that while you were not technically cohabiting with your husband at the time you filed AOS there was no dissolution of the marriage or legal separation and mere "non-viability" of marriage after [AOS] in itself is not cause for exclusion (Matter of Boromand, Interim Decision 2812). If you would have acted quickly and found an attorney after the denial (either the first or second) then an appeal could have been made based on either of those applications. Perhaps one can still be made for your second application and you would not need the cooperation of your now estranged (but still legally wedded) husband.

Do not loose hope. There is always a way around things. You just need a good attorney to represent you in the exclusion/appeal proceedings. It will be expensive but ultimately worth it.

Good luck.

Edited July 24, 2013 by HollyGolightly