AOS, EAD Husband died

[Minya's wife 25]

Hi, am back again! As my interview draws near (next month), I started feeling worried. My husband's brother who filled out papers for Substitute Sponsor talked on phone with a person at Immigration office last month and he was told that I will go back to Philippines, I have no reason to stay. The other day, he talked with another Chinese immigration lawyer, and he was told the same thing, unless I will lie and establish proofs that I was a battered wife, that's the only way I could be able to stay, which to me I think doesn't make sense, why would I lie? What do you think? He said also that I will be given time period until I could get home, and during that time, before I go back, I have to marry somebody here so that when I go home, a new spousal visa process has to be started again for me to be able to come back. I think it is not a good idea, it is fraudulent(?)

Does anyone have something to share about being able to stay? And any other related advices, regarding coming back, marriage and etc? I would greatly appreciate it. Thanks.

I think sometimes things lie on the hands of a good lawyer(?). I hope I could be able to find one

mae

What is it you want to do..... be here because this is were your late husband lived or just want to be in the US.... I can not belive that after losing your husband you would even consider getting married to anyone so soon just so you can live in the US....

Would you realy marry someone for reason other than love????

Maybe I am reading this all wrong..... but it look to me that you are only interested in getting the Greencard and remaining.....

Kez

It is bad thing when you grieve and at the same time facing another issue, and many more issues, many things on the mind that could not almost think of how you are going to say things correctly. I am a shy person and who doesn't make a try talking with somebody else, much more so now. I came because we loved and planned for a good happy family life, but it can't be avoided when other would think of just the other thing because of the fraudulent marriages that happen, I am far into that. I wanted to stay because it is where we made our home. The options that were mentioned on the earlier post was the lawyer's suggestion and advice to my husband's brother, he wanted to help me. When I was told about them, I felt sorry but I couldn't do either of them. My question was about helping me about immigration how I could be able to stay in the place where we called our home. I hope I have not said it again that would create doubts or confusion. Thanks.

mae

I am really sorry that this has happened to you. But you came here and married your love such a short time ago, and in comparison you lived a much longer time in your home country. While it is unfortunate that because you left everything to emigrate here for marriage....the truth is that your already established "network" is in your home country. I can understand that you would want to stay in the place your late husband and you called "home", but it may be that the immigration laws do not allow for such a thing, simply because your time married was so short. Remember during the visa stage, how you had to prove ongoing relationship? Depending on each situation was a quite substantial amount of documentation (phone cards, letters, e-mail...etch.) but usually the relationship was "ongoing" for a good period of time to have all that proof and to satisfy the consulate so they grant you a visa. Well try and think of it in the same terms now...two months married is not sufficient time for there to be a legitimate claim to adjust your status to gain residency.

Again please accept my condolances on your loss.

-P

[Fandango 1,440]

I think it's a bit unfair to second guess this woman's choices. She's suffered a horrifying loss.

Maybe you or I would go home. Maybe John and Jane would stay...who's to say? To have walked away from a life in one's own country is a big thing & not easily rebuilt. And even if she's only been here X mos, she's still just settled down, and seems to have a network of family around her. Maybe being close to her late husband's family is giving her comfort?

Point is, no one knows. And talk of 'oh you're in it for the greencard' is really quite harsh and pointless.

JMO.

Mae, good luck to you, and I am so sorry for your tragic loss

[john_and_marlene 162]

http://www.ssad.org/litigation/robinsonlitigation.html

Get an immigration attorney and show him this recent ruling (May 14, 2007) which sets precedence for adjustment of status for a spouse that was married to a USC less than 2 years at the time of the USCs death. In this case they were only married 8 months and the court ruled in her favor.

I think this case has direct implications for your exact situation.

[maya62 7]

mae_jim's profile says that she was last here in mid-April. I've sent her an email to whatever email address she has associated with her visajourney account, just to let her know there is new information here (and a big gold star to john_and_marlene for finding and posting that court ruling... awesome).

But if anyone knows a better way to reach her, perhaps you will get in touch with her and tell her to check back on her thread.

VJ rocks!

Maya

[diadromous mermaid 36]

http://www.ssad.org/litigation/robinsonlitigation.html

Get an immigration attorney and show him this recent ruling (May 14, 2007) which sets precedence for adjustment of status for a spouse that was married to a USC less than 2 years at the time of the USCs death. In this case they were only married 8 months and the court ruled in her favor.

I think this case has direct implications for your exact situation.

It helps, of course. As for setting precedent, the 9th Court already ruled on this, I thought.

[maelvjim 0]

I am here again! I read online and I have only 2 options how to change my address, fill out online, or fill out and print and send. Can I do it by phone?? If so, how??

Thanks

[Minya's wife 25]

I am here again! I read online and I have only 2 options how to change my address, fill out online, or fill out and print and send. Can I do it by phone?? If so, how??

Thanks

I'm sorry, I don't understand your question. What address are you trying to change? You should be able to do it by phone if you call the USCIS 1 800 number listed on your NOA1 letter. There is an option on the phone to speak with someone about a change of address. Perhaps someone else can verify this.

Good luck!

-P

[featherB 1]

I am here again! I read online and I have only 2 options how to change my address, fill out online, or fill out and print and send. Can I do it by phone?? If so, how??

Thanks

I'm sorry, I don't understand your question. What address are you trying to change? You should be able to do it by phone if you call the USCIS 1 800 number listed on your NOA1 letter. There is an option on the phone to speak with someone about a change of address. Perhaps someone else can verify this.

Good luck!

-P

If you've moved house you need to file a form AR-11 with the change of address within 10 days of the move. You can do that online, or by printing out the completed PDF form (or printing it and then completing it) - you've probably found the form already, by the sound of it, but it's here - if you do it online (the link you need is on the top right of that page), it will give you the option to change the addresses on your petitions (ie your AOS & EAD) as well, as the AR-11 will not do that.

Good luck... I'm so sorry for your loss, and hope you can get this sorted out and be allowed to remain in the US if that's what you want to do.

Edited June 20, 2007 by featherB

[maelvjim 0]

Thank you very much, I was able to do that!

I have another concer: I have a pending I-485 and I am planning to have trip to PI this month, would it not harm the process? Thanks again!

[payxibka 10,047]

Thank you very much, I was able to do that!

I have another concer: I have a pending I-485 and I am planning to have trip to PI this month, would it not harm the process? Thanks again!

Was your AP approved?

[maelvjim 0]

Thank you very much, I was able to do that!

I have another concer: I have a pending I-485 and I am planning to have trip to PI this month, would it not harm the process? Thanks again!

Was your AP approved?

yes i have approved AP

[payxibka 10,047]

Thank you very much, I was able to do that!

I have another concer: I have a pending I-485 and I am planning to have trip to PI this month, would it not harm the process? Thanks again!

Was your AP approved?

yes i have approved AP

Then as long as you do not stay out of the country for a extended period of time you should be OK