Help Please

[Proud1_23Wifey 0]

I found this site on a websearch ... hopefully someone can us

My Son met and married a girl from Germany while he was stationed overseas (he is in the Army). They married in Vegas while on block leave, then went back to Germany. One month later he exited the Army (they would not give her command sponsorship because he was so close to his ETS date)

They came back to the states to live, she entered on a Visa Waiver. She completed all the forms necessary to obtain a green card and received a temp. work authorization card and a social security number. During this time my son re-enlisted in the Army and they moved from California to Washington. She was not able to appear for the final interview and her case was abandoned/closed. She recently contacted USCIS and was told she could not appeal the abandonment because too much time had passed and she needed to begin the whole process again. I know the facts may sound a little flaky but trust me this is not the case. They are a young couple and my son was re-deployed to Iraq in June 2006 and now will not be home until October.

Is the appeal process really a closed door for her? My second question is this. She needs to work and has found a job oportunity. Can she work prior to resubmitting her forms without jeopardizing her ability to get a green card? Lastly, is there a help section for completing the forms. This whole process is a little confusing

A Mom who will be eternally grateful to receive some help ...

[walls1010 3]

I hope somebody will give you a better advice. My opinion is, better talk to an immigration lawyer.

[lisanne 0]

I found this site on a websearch ... hopefully someone can us

My Son met and married a girl from Germany while he was stationed overseas (he is in the Army). They married in Vegas while on block leave, then went back to Germany. One month later he exited the Army (they would not give her command sponsorship because he was so close to his ETS date)

They came back to the states to live, she entered on a Visa Waiver. She completed all the forms necessary to obtain a green card and received a temp. work authorization card and a social security number. During this time my son re-enlisted in the Army and they moved from California to Washington. She was not able to appear for the final interview and her case was abandoned/closed. She recently contacted USCIS and was told she could not appeal the abandonment because too much time had passed and she needed to begin the whole process again. I know the facts may sound a little flaky but trust me this is not the case. They are a young couple and my son was re-deployed to Iraq in June 2006 and now will not be home until October.

Is the appeal process really a closed door for her? My second question is this. She needs to work and has found a job oportunity. Can she work prior to resubmitting her forms without jeopardizing her ability to get a green card? Lastly, is there a help section for completing the forms. This whole process is a little confusing

A Mom who will be eternally grateful to receive some help ...

I know you'll get much better help than me. But she should reapply for her AOS and EAD, it's probably easier than appealing. She should not leave the country! Well, at least not till she gets her greencard or an AP (advance parole). She can only work if she has an EAD, it will take about 90 days for her to receive one after she applies for the EAD, she needs to apply for both the EAD and the AOS together. Hope that helps somewhat. It wouldn't seem to me that she needs a lawyer, but maybe someone else will jump in with advice on that. By the way you have found a fantastic website! On the tabs (at the top of the page) there is a GUIDE tab, in there you will find help in filling out the forms.

[rebeccajo 14]

How long ago was the missed interview?

Has she been issued any removal documents?

[florida_guy07 0]

I found this site on a websearch ... hopefully someone can us

My Son met and married a girl from Germany while he was stationed overseas (he is in the Army). They married in Vegas while on block leave, then went back to Germany. One month later he exited the Army (they would not give her command sponsorship because he was so close to his ETS date)

They came back to the states to live, she entered on a Visa Waiver. She completed all the forms necessary to obtain a green card and received a temp. work authorization card and a social security number. During this time my son re-enlisted in the Army and they moved from California to Washington. She was not able to appear for the final interview and her case was abandoned/closed. She recently contacted USCIS and was told she could not appeal the abandonment because too much time had passed and she needed to begin the whole process again. I know the facts may sound a little flaky but trust me this is not the case. They are a young couple and my son was re-deployed to Iraq in June 2006 and now will not be home until October.

Is the appeal process really a closed door for her? My second question is this. She needs to work and has found a job oportunity. Can she work prior to resubmitting her forms without jeopardizing her ability to get a green card? Lastly, is there a help section for completing the forms. This whole process is a little confusing

A Mom who will be eternally grateful to receive some help ...

Why was she not able to appear at the interview ? Did she ever file a change of address ?

Your daughter-in-law is out-of-status and can be deported at anytime. She needs to re-apply ASAP so that she becomes "in status" again. Did she ever receive anything from the USCIS regarding her case ? Do you know if she has been put under removal proceedings ?

Appeals are too much work and not always worth it - it is easier to just file again.

She ABSOLUTELY may NOT work without authorization from DHS/USCIS. If she does accept employment she can get in trouble and so can her employer, but honestly it will not hurt her process for a green card, the USCIS forgives unauthorized employment when the person marries a USC.

If you look at the top of this page, you will see blue tabs, click on GUIDES and you will find everything you need. If you have questions.. let us know.

Ohhhh also...She should NOT leave the US under any circumstances, unless she doesnt want to return.

Edited April 16, 2007 by florida_guy07

[Proud1_23Wifey 0]

Ok, thanks guys for the words of advice

"she needs to apply for both the EAD and the AOS together"

So if I understand correctly she needs to file these two forms together. How do we know where to mail them? We live in California (she is living with us until Son returns from Iraq this fall). Can someone link me to the forms mentioned above? I thought I was the acronym queen, but this is a whole new ballgame, need to read more to understand what they mean

[meauxna 15]

US Immigration Abbreviations and Forms (FAQ Appendix)

General information and notes about adjustment from H1B, F-1, J-1,

Get all your ducks in a row before filing anything. It won't hurt to have a lawyer run past her applications before mailing anything in, and it doesn't cost too much.

Collect up your/her copies of *everything* previously submitted--the I-130 may still be of some use. There's really quite a bit to sort out; don't be shy to get some help!

[florida_guy07 0]

Ok, thanks guys for the words of advice

"she needs to apply for both the EAD and the AOS together"

So if I understand correctly she needs to file these two forms together. How do we know where to mail them? We live in California (she is living with us until Son returns from Iraq this fall). Can someone link me to the forms mentioned above? I thought I was the acronym queen, but this is a whole new ballgame, need to read more to understand what they mean

Thanks for answering all of our questions.

[Proud1_23Wifey 0]

Ok, thanks guys for the words of advice

"she needs to apply for both the EAD and the AOS together"

So if I understand correctly she needs to file these two forms together. How do we know where to mail them? We live in California (she is living with us until Son returns from Iraq this fall). Can someone link me to the forms mentioned above? I thought I was the acronym queen, but this is a whole new ballgame, need to read more to understand what they mean

Thanks for answering all of our questions.

Florida Guy ... I am still trying to sort out this mess, she just moved down with us from Washington last week. So I do not have all the answers to your questions as yet. She is still trying to gather paperwork for me to look over and I am beginning to think she never photocopied anything before submittal. Add to the aforementioned ... I am completely un-familiar with immigration forms, protocol and law. What is very familiar to you all is Greek to me, which is why I came here. I think the entire thing was botched due to her inattention to detail and failure to follow through. Soooo, its MOM to the rescue.

Edited April 17, 2007 by Proud1_23Wifey

[florida_guy07 0]

Ok, thanks guys for the words of advice

"she needs to apply for both the EAD and the AOS together"

So if I understand correctly she needs to file these two forms together. How do we know where to mail them? We live in California (she is living with us until Son returns from Iraq this fall). Can someone link me to the forms mentioned above? I thought I was the acronym queen, but this is a whole new ballgame, need to read more to understand what they mean

Thanks for answering all of our questions.

Florida Guy ... I am still trying to sort out this mess, she just moved down with us from Washington last week. So I do not have all the answers to your questions as yet. She is still trying to gather paperwork for me to look over and I am beginning to think she never photocopied anything before submittal. Add to the aforementioned ... I am completely un-familiar with immigration forms, protocol and law. What is very familiar to you all is Greek to me, which is why I came here.

Moms are always going to the rescue huh ? heheehe

I understand and I wasn't aware that you were still trying to gather the information requested so that we can help you better. I just saw that you replied to one of the messages and that was it.

So, gather everything... don't worry about her not making a copy of the paperwork before sending it, yes, it would make it somewhat easier, but the forms themselves are very easy to fill out. Plus we have great guides and really knowledgeable people here willing to help you and your daughter-in-law through this process. And after you go through it all, you will become an expert too and maybe will help others.

Let us know when you have all the info and are ready to start.

Edited April 17, 2007 by florida_guy07