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What do you think of my immigration situation

Santa Barbara, CA |

I married a USC on February 4, 2011, after a few months later in April, we sent the petition to the USCIS to get my conditional green card, got the interview sometime in mid-July, because I guess we did not provide much documentation as evidence. So they sent us home requesting more evidence, so after a month or so, seeing that we did not have any documentation still, decided to provide the USCIS with the affidavits of a few people, including my USC's parents with whom we lived (their home and their bills). My wife and I did not work throughout the year, so everything related to bills were paid for by the parents, we did not have a joint account either because my wife's credit cards were taken care of by her parents. As for me, I was looking for a job, so I did not have any expenses of my

own. So once we sent the affidavits only, we did not hear back for another few months. Then my father overseas needed help since he had cancer, and I was waiting for my green card to arrive to go back and see him. We called the immigration to remind about myself, and in a week the card arrived at the end of November 2011. I left on 3rd of December, until July of 2012 as my father passed away in June. I worked full-time in my home country and basically relocated there while i'm USC was in the US. She filed for divorce in february 2012 (i left in december 2011 and got the card in november 2011) because she claimed that i defrauded her for g.c. and that i abandoned her. She later wrote to the USCIS accusing me of fraud. My g card is expiring this november we are divorced and i have no joint docs with her at all due to the situation above. How can I go about with my I-751 in my situation. I can provide affidavits from my friends if that helps.

Attorney Answers 3

Posted

I am sorry for the loss of your father.

But, you have problems BIG .. HUGE .. GIGANTIC problems.

Meet with an attorney .. there are many in your area. Or, you can search Avvo, and here: www.ailalawyer.com

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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Asker

Posted

I will. I am trying to save some money now for that and file it right before the card expires. So are you saying that even for my unfortunate situation, the USCIS will not see it as a valid excuse for me to be away for 7 months or that we did not gather any joint documents while living with parents. It's just everything was paid off and we were going to move out eventually, but then I had to go back to my country and after 2 months later, she filed for divorce. Thanks for your condolences. I guess I am here to see if there is a chance still for me with an attorney because people said that the USCIS will most likely understand my situation.

F. J. Capriotti III

F. J. Capriotti III

Posted

The unfortunate passing of your father is probably a good enough reason for CIS to not deem you to have abandoned your residence. The big problem appears to be that your spouse has told immigration that she believes your marriage to have been a sham ......... a SUPER-GIGANTIC problem. i have no idea what 'people' would think that CIS would understand this part of your situation. Most attorneys take payments ... meet with one tomorrow. NOTE: If you are low income go here: www.justice.gov/eoir/probono/states.htm or http://www.immigrationlawhelp.org/

Asker

Posted

Right...I will do just that, thanks. I guess even if the USCIS considers my father's passing (I have the certificate) as a valid excuse to abandon my wife, I still do not have any joint docs as I said before, so this is what worries me the most perhaps. I guess in my situation I need to file the I-751 with the submission of my dad's death certificate and my explanation instead of the joint evidence which I do not have. Thanks for your help again.

F. J. Capriotti III

F. J. Capriotti III

Posted

I never implied that CIS would deem your father's passing as a 'valid excuse to abandon' your wife. I stated that it will view that as an excuse for having left the United States without abandoning your RESIDENT STATUS. I think any lawyer you consult with will not agree that your father's death certificate will have any value in terms of 'explaining' why you didn't keep in touch with your wife. Did you go to marriage counseling, or do anything to save the marriage?

Asker

Posted

No we did not because I was overseas when she filed for divorce after just 2 months later (after my green card arrival and going back home) and I returned only 7 months later (or 5 months after from the time the divorce was filed). I appreciate your input and I will mark you as helpful as I forgot to do that earlier.

F. J. Capriotti III

F. J. Capriotti III

Posted

I am sorry but, without an attorney's help (and possibly even with an attorney's help) your case does not look good.

Posted

It will be hard to refute what your wife already said to USCIS. Perhaps trying to talk with her about this will help, but either way, talk to an immigration attorney for a more detailed evaluation of what can be done.

--

LORIC, Immigration Solutions

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Rodrigo Ivan Canido
Managing Attorney

3333 Bowers Ave, Suite 130
Santa Clara, CA 95054
Tel: 650-279-5933
Email: rcanido@loric.net.in
www.loric.net.in

The response given is general in nature and does not create an attorney / client relationship. The answer given may also not account for other facts unknown to the attorney. For a more detailed evaluation you should consult with a licensed immigration attorney.

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Asker

Posted

Thank you for your answer. I do have my father's death certificate from June 2012 to prove that my father died. Not sure if the USCIS will consider this. I did not know that my ex wife would file for divorce so soon.

Posted

That you absolutely need to retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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