I'm in need of desperate help. Please

[SingleDad2usc 71]

Fantastic insight. But what if she can't afford to engage such an attorney? Would she jeopardize possible C-o-R defense that may be available to her in a couple of years?

[belinda63 3,047]

She won't qualify for COR

(b) CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS FOR CERTAIN NONPERMANENT RESIDENTS.-

(1) IN GENERAL.-The Attorney General 2/ may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien-

(A) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application;

(B) has been a person of good moral character during such period;

© has not been convicted of an offense under section 212(a)(2), 237(a)(2) , or 237(a)(3) , subject to paragraph (5) 2a/ 5/ ; and

(D) establishes that removal would result in exceptional and extremely unusual hardship to the alien's spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.

Her children are not in the country legally and obviously it would not be a hardship for the missing spouse if she were deported. So how does COR apply to her?

[SingleDad2usc 71]

Seems correct interpretation, if this is the only application of C-o-R. Then this would be a false hope

[HollyGolightly 72]

I agree with Belinda63. For COR to apply the applicant must show that his or her qualifying relative would suffer extreme hardship, substantially beyond that which would ordinarily result from the alien's removal. the "extreme hardship" clause applies to the hardship of the qualifying relative that will be left behind in the US and not the hardship pertaining to the alien, although in some cases the alien's hardship is evaluated only in so far as it applies to the relative. Having, no "qualified/qualifying relative" in the US to which the hardship clause may apply disqualifies the poster from invoking the COR defense. I still think an appeal is her best bet.

[Penguin_ie 5,996]

**** several posts removed for being off topic, not helping the op, or being outright TOS violations. *****

[Harsh_77 718]

Yours is a tough case and even for a competent lawyer it would be very difficult to prove your case.

The reason being your husband withdrew the application in front of an agent, which to their advantage proves it was sham marriage.

Honestly I dont know another option as you it seems you have multiple denials and you on USICS radar since 2008.

[HollyGolightly 72]

If you wait long enough, the new Immigration Reform Bill (as it is now written) will allow green cards for undocumented aliens who get Registered Provisional Immigrant status, including those previously barred to adjust status through a finding of marriage fraud. In addition to fraud marriage forgiveness, it also forgives persons who entered the US without inspection, aliens with order of deportation, entry through falsified documents, stow aways, having been declared a public charge and other types of unlawful presence. This bill could be the salvation for most people in the same situation as the poster. But it is a long shot and most will have a long wait before they can benefit from this proposed bill.

[Coleman21 6]

I am so sorry to hear about your situation. Did the immigration know why you and your husband didn't live together? Your husband couldn't live with you because of his surgery, which is a big thing, and it is a legitimate reason for not living together. I think the immigration should understand that. I even read on this website that some people who got married didn't live together but still got green card. They just explained that one of them or both were in college, so one of them or both lived in a dorm. They seemed to have done the green card without a lawyer. I was surprised to read it because all the attorneys we contacted said it'd be too risky to not live together, but every immigration officer is different, and it seems like some are really understanding.

The bad thing is that your husband withdrew, but he was threatened he might have to pay the fine or go to the jail, so if your husband really loves you and your children, he should get back to you and try again. I really hope you will find your husband and that he will be strong.

But I do agree you should get a lawyer. Have you been looking for lawyers everywhere in the US or just in your state? Immigration law is federal law so technically anyone in the USA should be able to help you through the phone, skype, etc. A lot of lawyers do long-distance help. Better to have someone in person but you've been looking for attorneys for so long already, so try everywhere. If you can't afford attorneys, there are some that do pro-bono. I don't know how strong these attorneys are, but I know pro-bono attorneys deal with deportation too, so I'd give it a try.

[doug/sherry 26]

Sad story....get your self an attorney.

[Andrea&Henry 311]

Sorry for the question but did you both entered in a good faith marriage or it was just for the green card? I dont inderstand. It's common to see this kind of situation where, during the interview, the CO start telling you can get in trouble if you are lying etc etc but if you have nothing to be afraid of you just proceed. Your husband by doing the withdrawl during the interview, basically said "yes Im lying please dont want to go to jail". For that moment on, you marriage is considered a fraud. Your situation its very hard cause you just cant count on your husband anymore and you cant adjust without a legal base (work, family etc). You need a extremely good lawyer

[Hypnos 6,578]

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.

There is not "always a way around things". Whilst the OP should absolutely consult with a very good lawyer immediately, I think it's highly unlikely anything will be able to be done.

She does not have a bona fide marital relationship, and even the mere mention of fraudulent marriage penalties were enough to make her husband withdraw his I-130. She has no relationship to adjust from, could be detained and / or deported by ICE any time, and the same goes for her children (though they may qualify for DACA relief).

In short, the OP has galaxy-sized issues for which relief seems unlikely, but should consult with an experienced lawyer ASAP to investigate any possibilities that exist.

Edited July 24, 2013 by Hypnos

[Sage001 0]

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

Yes we did live together for 1st 4 years of marriage, then separated 2 years because he was doing a surgery in VN, and then the rest of the year has been on and off because he has business in VN so he needs to travel around.

Yes, we did have a bank account together.

What do u mean by pay him money? I don't usually give him money because I spend it on bills, children, n just home supplies, and grocery.

Nope, I paid all bills n utilities. Also, all the bills n utilities are under my name not his.

Yes, I did work until 2 years ago because my EAD is not valid anymore.

[Sage001 0]

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.

I was wondering if you know how the exclusion/appeal proceedings work? What will happen if I'm granted? And what will happen if I'm not? Can you give me more information?

[Sage001 0]

I am so sorry to hear about your situation. Did the immigration know why you and your husband didn't live together? Your husband couldn't live with you because of his surgery, which is a big thing, and it is a legitimate reason for not living together. I think the immigration should understand that. I even read on this website that some people who got married didn't live together but still got green card. They just explained that one of them or both were in college, so one of them or both lived in a dorm. They seemed to have done the green card without a lawyer. I was surprised to read it because all the attorneys we contacted said it'd be too risky to not live together, but every immigration officer is different, and it seems like some are really understanding.

The bad thing is that your husband withdrew, but he was threatened he might have to pay the fine or go to the jail, so if your husband really loves you and your children, he should get back to you and try again. I really hope you will find your husband and that he will be strong.

But I do agree you should get a lawyer. Have you been looking for lawyers everywhere in the US or just in your state? Immigration law is federal law so technically anyone in the USA should be able to help you through the phone, skype, etc. A lot of lawyers do long-distance help. Better to have someone in person but you've been looking for attorneys for so long already, so try everywhere. If you can't afford attorneys, there are some that do pro-bono. I don't know how strong these attorneys are, but I know pro-bono attorneys deal with deportation too, so I'd give it a try.

No we did not tell the immigration interviewer. My lawyer told me not to say it because then the immigration interview will suspect that this is a fraud marriage. Yeah I've been looking online and asking friends & relatives for lawyers specialize in this case.

[Coleman21 6]

oh, i think that's why they suspected your marriage. they expected that they lived together but your questions didn't match... i don't know much about appealing, but i think you should tell them the truth and tell them how your husband got to live abroad. then they might ask you guys questions about the first 4 years of marriage. sorry i'm just guessing, but i think in order for them to understand your situation you need to tell them the truth.