Submitting I-130/485 AOS a second time

[pushbrk 12,898]

If you have been in the USA all this time, there is no deportation order, and all you are guilty of is staying past your allotted visitor time and working without authorization, both the overstay and unauthorized employment are forgiven when successfully adjusting status in your circumstances.  It wouldn't hurt to confirm this with at least a consultation with a family based immigration lawyer.

[ScottishTom 2]

7 minutes ago, TM92 said:

Not an issue, from my first post: "The applicant has ever failed to continuously maintain a lawful status since entry into the United States"

When you went to the interview, did the USCIS officer allow you to withdraw your I-485? Or did they issue a denial? If it was the latter there may be an adjustment bar, but IDK; @missileman, @pushbrk, @geowrian: thoughts?

I dont remember 100% how the interview went, but I'm pretty sure they didn't issue a denial.  The person I spoke with there was so wonderfully helpful after I explained the circumstances and I talked to them about how I needed some time to figure out what my situation was going to be and if I remembered right, in not so many words; they said they were going to send it somewhere (a different department?) to buy me a little time (thats not verbatim, but that was the scope off the conversation). It was a long time ago and I don't remember fully.  

 

When I searched my I-485 case number online, it mentions a date about 3 months after the interview was schedules, and that 'we cancelled your interview for your form I-485' and 'we will notify you by mail if the appointment is reschedules, a decision is made, or if we need something from you.  Please follow any instructions in the notice'

[TM92 527]

14 minutes ago, pushbrk said:

It wouldn't hurt to confirm this with at least a consultation with a family based immigration lawyer.

12 minutes ago, ScottishTom said:

they said they were going to send it somewhere (a different department?) to buy me a little time (thats not verbatim, but that was the scope off the conversation)

An immigration lawyer could help you verify if it was a different department or, in a possible bad scenerio, a different agency, such as EOIR or ICE.

Edited August 10, 2018 by TM92

[ScottishTom 2]

31 minutes ago, TM92 said:

An immigration lawyer could help you verify if it was a different department or, in a possible bad scenerio, a different agency, such as EOIR or ICE.

I'm almost 99% sure it wasn't a different agency. They couldn't have been more helpful when I went and were so helpful based on my circumstances and did everything they could to help.

 

I can't be 100%, but I have never had any contact from any other department on my cell, email or physical address - however, if a lawyer can help us to establish 100% then that is a path we will try!

Edited August 11, 2018 by ScottishTom

[ScottishTom 2]

48 minutes ago, pushbrk said:

If you have been in the USA all this time, there is no deportation order, and all you are guilty of is staying past your allotted visitor time and working without authorization, both the overstay and unauthorized employment are forgiven when successfully adjusting status in your circumstances.  It wouldn't hurt to confirm this with at least a consultation with a family based immigration lawyer.

Thank you @pushbrk, this is helpful information that provides a level of happiness, than you for putting things simply! And yes, it appears a consultation is in order. I just remember how expensive this was last time, as would love to avoid that cost if possible, but if not - then it is what it is.

[pushbrk 12,898]

1 minute ago, ScottishTom said:

Thank you @pushbrk, this is helpful information that provides a level of happiness, than you for putting things simply! And yes, it appears a consultation is in order. I just remember how expensive this was last time, as would love to avoid that cost if possible, but if not - then it is what it is.

An "initial consultation" should not be very expensive. You could try marcellislaw.com

[Orangesapples 1,954]

3 hours ago, missileman said:

I just found this....  http://www.asianjournal.com/immigration/immigration-columnists/k-1-fiancee-adjusting-status-after-a-separation-or-divorce/

 

In this case, the man (after 2nd marriage)  had to adjust status through his first marriage even though he had been divorced several years.

 

 

That was a K1... 

[pushbrk 12,898]

4 hours ago, Orangesapples said:

That was a K1... 

This is not.  Apples and Cars.

[Hypnos 6,576]

Call the EOIR automated hotline at 1-800-898-7180. You will need your alien number from your previously filed applications, and this will tell you if there have been any immigration proceedings scheduled for you (deportation hearings) that you may not have known about. 

 

Assuming that comes back with nothing found, you should be fine to file a traditional I-130 and I-485 combo AoS. 

 

You should expect to be questioned about the previous applications you filed at your new interview. 

[SteveE 25]

I originally entered the US in 1988 on a B2 tourist visa to visit my USC girlfriend.

In 1989 I married my girlfriend and we filed AOS in San Francisco.

We had an interview and at that time I received an I-551 stamp (valid for two years) in my passport and I was given a Social Security card with no restrictions on it.

Shortly after our interview, we separated and divorced before two years.

 

I never received anything from USCIS (or whatever they were called at that time) and never received a physical green card. I don't know if anything was ever sent to my ex-wife and she never forwarded it to me. I was not aware you could file for removal of conditions if you were no longer married, so I never did.

 

I obtained a job at a company while my work authorization was valid and remained at that company for many, many years. They never asked for re-verification of my work authorization. All income earned was always reported under my own SSN.

 

Sometime later, I met my current wife (also a USC) and we researched the process of adjusting my status and went so far as to gather the documentation we would need to do it (marriage and divorce records, birth certificates etc...). For one reason and another we never got round to filing AOS and I remained out of status. I do not drive, so there no issue with drivers license etc...

 

After the last election we decided that it was time to resolve my immigration status due to the political climate around immigration, so we made sure to file prior to the current president taking office. My PD was 1/17/17.

 

We self filed and consulted a couple of lawyers online with an outline of my case and immigration history to see if there were any concerns and they indicated they didn't see any. We were diligent and double and triple checked our application to make sure everything was correct.

 

I included my alien registration # and SSN on all the forms where it was asked for. I included all the marriage / divorce details. I included copies of all the pages of my passport with any immigration related information on them (I-551 stamp etc...) I did NOT include my I-94 as I didn't have one as it was taken during my original AOS filing. This was not an issue at all during the process as the immigration related stamps served as proof of lawful entry.

 

I have no criminal record.

I had no deportation order issued against me (I called a number to verify this and the Immigration officer confirmed this at the interview)

I entered the US with inspection and have remained here since.

 

Our interview was on 6/7/17 in Los Angeles and the Immigration officer (IO) was polite and cordial throughout the process.

 

My prior marriage was discussed in a little detail and my wife asked if she was aware of it (she was of course). My prior work history was not even discussed. 

 

We were never separated during the interview process. At the end of the interview the IO said he saw no issues with our case at all, but he had to confirm some procedural details with his supervisor. When I asked him how long he thought that might take, he said a few days at most.

 

The day after our interview I received notification that our case was approved and 6/16/17 I received my 10 year green card in hand (by virtue of the length of our marriage).

 

My resident since date is 6/8/17 (the date my card was ordered). My Alien registration # and SSN remain the same as the one's originally issued to me in 1989.

 

I created an online Social Security account after we filed and it correctly shows all my earnings and credits since I had a SSN in 1989. I have earned and accrued over 40 credits of work history making me eligible for medicaid and social security benefits. 

 

By virtue of being married to a USC any unauthorized work is forgiven, as is any overstay. It doesn't make a difference if it's 90 days or 30 years, it is all forgiven.

 

The paperwork was much simpler when we filed in Jan '17 and since then the I-485 has grown greatly in size and in my opinion, complexity and confusion. But as I said, we self filed and we received NO RFE's during the process.

 

Our IO was polite, cordial and respectful throughout the entire process. He was open and forthcoming and answered any question we had. The length of me being out of status and length of time it took us to get around to filing were never even brought up. Obviously, I would not recommend you take so much time to file as it would be prudent to file ASAP in my opinion.

 

You period of overstay would result in a ban (not sure of the duration) should you leave the US before filing AOS. In all cases tell the truth during the process and include all information pertaining to your prior filing and marriage.

 

I know that when you use the VWP you relinquish certain rights as opposed to someone who has obtained a visa. I'm not sure that has any impact or implications for you as I think that would only affect your rights to legal representation or a hearing under deportation proceedings (of course you should verify what / if any differences apply to your case).

 

As I said, the only legal counsel we took was online and again we were upfront and honest with our questions.

 

Hope this helps in some way

 

 

[Villanelle 4,122]

18 hours ago, SteveE said:

I originally entered the US in 1988 on a B2 tourist visa to visit my USC girlfriend.

In 1989 I married my girlfriend and we filed AOS in San Francisco.

We had an interview and at that time I received an I-551 stamp (valid for two years) in my passport and I was given a Social Security card with no restrictions on it.

Shortly after our interview, we separated and divorced before two years.

 

I never received anything from USCIS (or whatever they were called at that time) and never received a physical green card. I don't know if anything was ever sent to my ex-wife and she never forwarded it to me. I was not aware you could file for removal of conditions if you were no longer married, so I never did.

 

 

 

There was no ROC or conditional GCs in 1988. I believe it took effect in the late 90s

 

But thanks for sharing your story. I hope it helps the OP..

 

ScottishTom did you call the 800 number hypnos posted? Did it give you any info?

[SteveE 25]

11 minutes ago, Damara said:

There was no ROC or conditional GCs in 1988. I believe it took effect in the late 90s

 

But thanks for sharing your story. I hope it helps the OP..

 

ScottishTom did you call the 800 number hypnos posted? Did it give you any info?

The I-551 stamp in my passport had a 2 year expiration date and was worded

 

PROCESSED FOR I-551

TEMPORARY EVIDENCE OF

LAWFUL ADMISSION FOR

PERMANENT RESIDENCE

VALID UNTIL (hand written date)

EMPLOYMENT AUTHORIZED

(hand written alien registration #)

hand written "until" STAMPED DATE

SFR 1597 MAY 29 89

 

 

I think you will find that green cards prior to 1989 had no expiration date. The green card was redesigned in 1989 and those cards had expiration dates.

Edited August 12, 2018 by SteveE

[Villanelle 4,122]

Sorry. Im thinking of the wrong decade! It was 86 that conditional cards started not 96.:)

 

[ScottishTom 2]

On 8/11/2018 at 11:20 AM, Hypnos said:

Call the EOIR automated hotline at 1-800-898-7180. You will need your alien number from your previously filed applications, and this will tell you if there have been any immigration proceedings scheduled for you (deportation hearings) that you may not have known about. 

 

Assuming that comes back with nothing found, you should be fine to file a traditional I-130 and I-485 combo AoS. 

 

You should expect to be questioned about the previous applications you filed at your new interview. 

Do you, or anyone else know if there is any risk calling that number, and entering my Alien Number, that it may provoke any prompt in to looking at the case to find out why I was calling?  Maybe i'm paranoid, but we definitely want to tread with caution.

 

On 8/11/2018 at 12:57 PM, SteveE said:

I originally entered the US in 1988 on a B2 tourist visa to visit my USC girlfriend.

In 1989 I married my girlfriend and we filed AOS in San Francisco.

We had an interview and at that time I received an I-551 stamp (valid for two years) in my passport and I was given a Social Security card with no restrictions on it.

Shortly after our interview, we separated and divorced before two years.

 

I never received anything from USCIS (or whatever they were called at that time) and never received a physical green card. I don't know if anything was ever sent to my ex-wife and she never forwarded it to me. I was not aware you could file for removal of conditions if you were no longer married, so I never did.

 

I obtained a job at a company while my work authorization was valid and remained at that company for many, many years. They never asked for re-verification of my work authorization. All income earned was always reported under my own SSN.

 

Sometime later, I met my current wife (also a USC) and we researched the process of adjusting my status and went so far as to gather the documentation we would need to do it (marriage and divorce records, birth certificates etc...). For one reason and another we never got round to filing AOS and I remained out of status. I do not drive, so there no issue with drivers license etc...

 

After the last election we decided that it was time to resolve my immigration status due to the political climate around immigration, so we made sure to file prior to the current president taking office. My PD was 1/17/17.

 

We self filed and consulted a couple of lawyers online with an outline of my case and immigration history to see if there were any concerns and they indicated they didn't see any. We were diligent and double and triple checked our application to make sure everything was correct.

 

I included my alien registration # and SSN on all the forms where it was asked for. I included all the marriage / divorce details. I included copies of all the pages of my passport with any immigration related information on them (I-551 stamp etc...) I did NOT include my I-94 as I didn't have one as it was taken during my original AOS filing. This was not an issue at all during the process as the immigration related stamps served as proof of lawful entry.

 

I have no criminal record.

I had no deportation order issued against me (I called a number to verify this and the Immigration officer confirmed this at the interview)

I entered the US with inspection and have remained here since.

 

Our interview was on 6/7/17 in Los Angeles and the Immigration officer (IO) was polite and cordial throughout the process.

 

My prior marriage was discussed in a little detail and my wife asked if she was aware of it (she was of course). My prior work history was not even discussed. 

 

We were never separated during the interview process. At the end of the interview the IO said he saw no issues with our case at all, but he had to confirm some procedural details with his supervisor. When I asked him how long he thought that might take, he said a few days at most.

 

The day after our interview I received notification that our case was approved and 6/16/17 I received my 10 year green card in hand (by virtue of the length of our marriage).

 

My resident since date is 6/8/17 (the date my card was ordered). My Alien registration # and SSN remain the same as the one's originally issued to me in 1989.

 

I created an online Social Security account after we filed and it correctly shows all my earnings and credits since I had a SSN in 1989. I have earned and accrued over 40 credits of work history making me eligible for medicaid and social security benefits. 

 

By virtue of being married to a USC any unauthorized work is forgiven, as is any overstay. It doesn't make a difference if it's 90 days or 30 years, it is all forgiven.

 

The paperwork was much simpler when we filed in Jan '17 and since then the I-485 has grown greatly in size and in my opinion, complexity and confusion. But as I said, we self filed and we received NO RFE's during the process.

 

Our IO was polite, cordial and respectful throughout the entire process. He was open and forthcoming and answered any question we had. The length of me being out of status and length of time it took us to get around to filing were never even brought up. Obviously, I would not recommend you take so much time to file as it would be prudent to file ASAP in my opinion.

 

You period of overstay would result in a ban (not sure of the duration) should you leave the US before filing AOS. In all cases tell the truth during the process and include all information pertaining to your prior filing and marriage.

 

I know that when you use the VWP you relinquish certain rights as opposed to someone who has obtained a visa. I'm not sure that has any impact or implications for you as I think that would only affect your rights to legal representation or a hearing under deportation proceedings (of course you should verify what / if any differences apply to your case).

 

As I said, the only legal counsel we took was online and again we were upfront and honest with our questions.

 

Hope this helps in some way

 

 

Thank you so much for this response. Reading through some of the similarities was a huge motivational boost, and hearing that everything was approved for your case and things appear to have went smoothly will definitely help me get a little more sleep of a night as we approach going through all of our documentation.

[Villanelle 4,122]

12 minutes ago, ScottishTom said:

Do you, or anyone else know if there is any risk calling that number, and entering my Alien Number, that it may provoke any prompt in to looking at the case to find out why I was calling?  Maybe i'm paranoid, but we definitely want to tread with caution.

 

Thank you so much for this response. Reading through some of the similarities was a huge motivational boost, and hearing that everything was approved for your case and things appear to have went smoothly will definitely help me get a little more sleep of a night as we approach going through all of our documentation.

There is NO RISK calling the number.