Worried sick in New York

[akdiver 3]

The posts that I've read so far has really given me a heads-up, and just wished that I came across it many months ago. My wife and I have been married since 2003 (I've been a naturalized citizen for the last 20+ years), and she was on a conditional PR (and have been in the country for the last 4 years.) Unfortunately, we are 6 months late in filing the I-751, and am faced with what seems like a huge problem / emergency / challenge. Here are the most worrisome facts that we're faced with:

• Her conditional PR card has been expired for 6 months
  
• We've never made her a SS#
  
• No shared financial statements (partly due to lack of #SS, also because I was paying for most everything)
  
• Haven't had a wedding ceremony
  
• Tax returns have not been filed for the last 3 years
  

Now what we do have:

• Her checking/saving account and mine are to the same address
  
• We have paid for each other's expenses each other's debit cards
  
• Have trustworthy colleagues & clients who can sign affidavits
  
• Have plenty of photographs, videos, and other personal items
  
• Have hired a CPA to help us file the tax returns, jointly
  

We're just deathly afraid that we have become what NOT to do in a marriage case, and have made too many mistakes. Of course we'd love a year to get her a SS# and get everything in a joint status, as we're thinking of buying a house later this year, but if she enters the removal process it will all be moot.

What are our chances? Should we hire an immigration lawyer? How realistic is to get a one year extension to get things in order? I almost wish they came by at odd hours to check on us (I've heard stories of immigration officers coming by at odd hours) or even a surveillance camera... Would most welcome any advise or comments -- thank you so much!

Good grief man. I can't imagine running my life that way. Not filing taxes??? Sheesh!! Sounds like you might be better off moving to your wife's home country and living there instead. Good luck to you.

[hcj 0]

I'll make an InfoPass reservation now and go see an officer. We're also calling all possible places (getting authorization on my bank debit card, vice versa) to see if we can place her name, however late it might be.

I would suggest that you see an immigration lawyer rather than making an infopass appointment. If you are worried that removal proceedings may already have begun on your wife, you do not want to show up at a USCIS office (and especially not with your wife in tow). I'm not saying she has been ordered removed, I simply do not know. I'm just suggesting that you will gain more useful information from a lawyer than from USCIS, without risk. Remember USCIS officers are NOT your lawyer. They are not held to the legal advice they give you, even if it turns out to be incorrect. You've eff'ed this up enough already. Fix it the right way now. See a lawyer, not USCIS.

[wissooner 0]

Actually, I think I would investigate moving to Korea. I have a feeling your wife will be asked/required to leave. Definitely get a good lawyer...

[newyork37 0]

Just one thing...

have you tried to check your case online....

just out of curiosity???? to see what it says????

Hi,

I did -- and using the last receipt number that we have (her welcome letter when she got her conditional PR). There was nothing about deportation or anything else. Just that the government has sent the welcome notice.

I am not sure if there is a way to check immigration status of someone using the A#. If anyone knows, I'd great appreciate it being posted here.

[newyork37 0]

I'll make an InfoPass reservation now and go see an officer. We're also calling all possible places (getting authorization on my bank debit card, vice versa) to see if we can place her name, however late it might be.

I would suggest that you see an immigration lawyer rather than making an infopass appointment. If you are worried that removal proceedings may already have begun on your wife, you do not want to show up at a USCIS office (and especially not with your wife in tow). I'm not saying she has been ordered removed, I simply do not know. I'm just suggesting that you will gain more useful information from a lawyer than from USCIS, without risk. Remember USCIS officers are NOT your lawyer. They are not held to the legal advice they give you, even if it turns out to be incorrect. You've eff'ed this up enough already. Fix it the right way now. See a lawyer, not USCIS.

In fact, one lawer already has suggsted that we cancel the appointment and we have. It was also made aware that the officers certainly are not lawyers, and their advise is not legally binding. Thanks hjc.

[hcj 0]

Actually, I think I would investigate moving to Korea. I have a feeling your wife will be asked/required to leave. Definitely get a good lawyer...

Just curious what you are basing your "feeling" on. There's no reason to scare the poor man unless you have experience in this very situation.

To the OP: Good luck, sounds like you are on your way to getting things sorted out.

[newyork37 0]

Actually, I think I would investigate moving to Korea. I have a feeling your wife will be asked/required to leave. Definitely get a good lawyer...

Hi wissooner,

We certainly have discussed all possible outcomes, including moving back if so required. It would be our last option, but one that certainly is a very real possibility. I do hope against hope that our loving, and very real, marriage will stand, even if we have to restart the process all over. Thanks much for your concern and comment.

[newyork37 0]

Actually, I think I would investigate moving to Korea. I have a feeling your wife will be asked/required to leave. Definitely get a good lawyer...

Just curious what you are basing your "feeling" on. There's no reason to scare the poor man unless you have experience in this very situation.

To the OP: Good luck, sounds like you are on your way to getting things sorted out.

Thanks again hcj. I am at least dealing with the situation at hand, and trying to gather more information - both from the generous folks here and also from legal experts.

If I were only half as diligent as I was in the past two days, we would be looking at getting her a 10-year visa and onto almost a certain neutralization papers. As my wife says, no amount of worrying will do us good - get the best legal representation we can, file according to his/her guidance, and deal with the next action/notice from the immigration's office.

[newyork37 0]

The posts that I've read so far has really given me a heads-up, and just wished that I came across it many months ago. My wife and I have been married since 2003 (I've been a naturalized citizen for the last 20+ years), and she was on a conditional PR (and have been in the country for the last 4 years.) Unfortunately, we are 6 months late in filing the I-751, and am faced with what seems like a huge problem / emergency / challenge. Here are the most worrisome facts that we're faced with:

• Her conditional PR card has been expired for 6 months
  
• We've never made her a SS#
  
• No shared financial statements (partly due to lack of #SS, also because I was paying for most everything)
  
• Haven't had a wedding ceremony
  
• Tax returns have not been filed for the last 3 years
  

Now what we do have:

• Her checking/saving account and mine are to the same address
  
• We have paid for each other's expenses each other's debit cards
  
• Have trustworthy colleagues & clients who can sign affidavits
  
• Have plenty of photographs, videos, and other personal items
  
• Have hired a CPA to help us file the tax returns, jointly
  

We're just deathly afraid that we have become what NOT to do in a marriage case, and have made too many mistakes. Of course we'd love a year to get her a SS# and get everything in a joint status, as we're thinking of buying a house later this year, but if she enters the removal process it will all be moot.

What are our chances? Should we hire an immigration lawyer? How realistic is to get a one year extension to get things in order? I almost wish they came by at odd hours to check on us (I've heard stories of immigration officers coming by at odd hours) or even a surveillance camera... Would most welcome any advise or comments -- thank you so much!

Good grief man. I can't imagine running my life that way. Not filing taxes??? Sheesh!! Sounds like you might be better off moving to your wife's home country and living there instead. Good luck to you.

I understand where you're coming from ak. Just for the record, I have dutifully paid my taxes (and filed returns) for the 12+ years prior to the last three, and in 2004 I was not required to file. Do I regret not filing the last two? Certainly I do - have no excuse for it. Just not sure if moving back would be our choice, only our last option if everything else does not work out. Thanks...

[akdiver 3]

I understand where you're coming from ak. Just for the record, I have dutifully paid my taxes (and filed returns) for the 12+ years prior to the last three, and in 2004 I was not required to file. Do I regret not filing the last two? Certainly I do - have no excuse for it. Just not sure if moving back would be our choice, only our last option if everything else does not work out. Thanks...

My parents went without filing taxes for 3 or 4 years. ###### up their lives for the next 20. Those taxes and penalties just really add up. Good luck.

[kitkat1 5]

Actually, I think I would investigate moving to Korea. I have a feeling your wife will be asked/required to leave. Definitely get a good lawyer...

Being out of status when married to a USC (when the person has legally entered the country) is forgiven by USCIS. There is no reason to think they will ask/require her to leave. If she left without doing the correct paperwork, THEN she would have a big problem.

But I would NOT make an infopass appointment with her being there. Consult a lawyer. Start with the AILA. Maybe consider a consult with attorney Laurel Scott who has a great reputation and does phone consultations or email consults. www.visacentral.net

Edited April 8, 2007 by kitkat1

[newyork37 0]

Actually, I think I would investigate moving to Korea. I have a feeling your wife will be asked/required to leave. Definitely get a good lawyer...

Being out of status when married to a USC (when the person has legally entered the country) is forgiven by USCIS. There is no reason to think they will ask/require her to leave. If she left without doing the correct paperwork, THEN she would have a big problem.

But I would NOT make an infopass appointment with her being there. Consult a lawyer. Start with the AILA. Maybe consider a consult with attorney Laurel Scott who has a great reputation and does phone consultations or email consults. www.visacentral.net

Hi Kitkat1,

So far, the research I've done supports your point that as long as she has entered here legally (which she has), has not committed a crime (which she has not), and has not left the country (which she has not), then there are courses of action to take. The USCIS language does specifically state that she is removable, and that she is out of status, thus our (rather big, to put it mildly) concern.

And yes, we are not planning to take any action before consulting an immigration lawyer. We had legal guidance up until we were able to attain the CPR, and should have continued to retain the legal service to guide us *all* the way through. (And thank you for the referral.) Thanks again for taking the time to post.

[meauxna 15]

Actually, I think I would investigate moving to Korea. I have a feeling your wife will be asked/required to leave. Definitely get a good lawyer...

Being out of status when married to a USC (when the person has legally entered the country) is forgiven by USCIS. There is no reason to think they will ask/require her to leave. If she left without doing the correct paperwork, THEN she would have a big problem.

But I would NOT make an infopass appointment with her being there. Consult a lawyer. Start with the AILA. Maybe consider a consult with attorney Laurel Scott who has a great reputation and does phone consultations or email consults. www.visacentral.net

thanks for that kittykatty..

I was going to add.. it is a LOT harder for them to remove someone from the US than to deny entry/re-entry. The wife has the upper hand here.. she is IN the US.

I've been posting to the OP over at the other group, so I won't repeat myself here except to say that none of us knows what her current status is, and perhaps we shouldn't label her (and thereofre create solutions) until the OP's had a real consultation.

Laurel Scott's the only lawyer in theis game that I've ever seen with a perfect reputation.. but I'm sure she is busy. A quick call (paid) to her on Monday morning would sure be in order tho.

[kitkat1 5]

Actually, I think I would investigate moving to Korea. I have a feeling your wife will be asked/required to leave. Definitely get a good lawyer...

Being out of status when married to a USC (when the person has legally entered the country) is forgiven by USCIS. There is no reason to think they will ask/require her to leave. If she left without doing the correct paperwork, THEN she would have a big problem.

But I would NOT make an infopass appointment with her being there. Consult a lawyer. Start with the AILA. Maybe consider a consult with attorney Laurel Scott who has a great reputation and does phone consultations or email consults. www.visacentral.net

thanks for that kittykatty..

I was going to add.. it is a LOT harder for them to remove someone from the US than to deny entry/re-entry. The wife has the upper hand here.. she is IN the US.

I've been posting to the OP over at the other group, so I won't repeat myself here except to say that none of us knows what her current status is, and perhaps we shouldn't label her (and thereofre create solutions) until the OP's had a real consultation.

Laurel Scott's the only lawyer in theis game that I've ever seen with a perfect reputation.. but I'm sure she is busy. A quick call (paid) to her on Monday morning would sure be in order tho.

I feel so proud when I get a gold star from Mo!!!

[meauxna 15]

:star: :star:

You're five-star all the time, kitty! You don't need me to tell you---even if it's nice for *anyone* to hear ---FROM anyone!

(I'm four-star, and I booked the hotel to prove it!)