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Can I appeal a denial due husband revenge?

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  • Can I appeal a denial due husband revenge?

    I am married to an american citizen since January 2013. I applied to adjustment status right after our wedding and our interview happened 6 months later.
    We had different answers for 3 questions in the interview, but, it were silly questions, nothing serious. Since we were very nervous. The officer put our process on hold, so we would be "double checked". We did not hear from them until August/2014 when Homeland Security showed up for a visit, at that time, I was already living in other state where I got a position with a company, since my husband and I were fighting a lot, there were cheating, drugs and alcohol issues that I could not handle, a time a part would be great. We were still married and together, but on a break. On December I was with him when we had a huge fight and we hurt each other feelings. I was trying to convince him to move in with me, instead of me coming back, since my job is better and I was making more money. He said that even I making more money, it was thank him, because he "gave me" the opportunity to work legally here and if I was not coming back to him, he would withdraw the petition. At that time I was really nervous and mad and I said I could not care less about him and the process and that I was going to file the divorce. It was right after Christmas and 2 weeks later (as I could see the notice) the immigration interviewed him by phone. I don't know for sure if he called them or if they called him (he says they called him but I would not trust), but he decided to do something to put me in trouble. He lied to immigration and said that I offered him money to marry me, so I could get the green card, that we never consummate (I still have nervous laugh when I say it) the marriage. I think that he thought after saying it, immigration would come at my house, grab my hands and send me back to my country. It would be the perfect revenge. Little he knows that if it was true he would be in trouble as well, since it is a crime here. But, thats not the point. He did it to hurt me and of course, the immigration denied my adjustment of status. 33 days after the notice, he sent a letter to immigration trying to fix his mistake, with a form that I don't know the name, but its an appeal before the decision becomes final. I honestly don't have any hope they will accept it, because I think it got there almost a week after the deadline.

    I am very sad how things ended up and it seems like I have no choices but leave the country. But I ask myself: what if there is anything I can do? I mean, I am married for almost 2 years and half, I have been working legally here (Employment Authorization Card) for 2 years, I have an amazing job, I pay my taxes, I have a whole life here and breaks my heart I would have to leave everything behind because of my husbands (soon ex-husband) immature decisions and lies. Is there any attorney out there that could find a miracle solution? I did break up with my husband but we were together since August 2012 and married for more than 2 years, plus we did not file the divorce yet. Is it possible to do something in this process? The company I work for would be more than glad to sponsor me to any VISA, but I don't know if it is possible if I don't have a status here. Anyways, any tips will be welcome. Thank you very much in advance.

  • #2
    I am very sorry about your situation.

    "Adjustment of Status" on the basis of marriage to a US citizen requires - as a practical matter - a citizen spouse willing to advocate on your behalf.

    There are alternatives available to widows and battered spouses, but that does not apply to you.

    Denial of I-485 returns you to the status you would have had before. I do not know what your visa status is. If you remain in status, you are not deportable. If you are out of status, you are deportable.

    If you are out of status, your options are:
    1) leave the country
    2) reconcile with your husband and reapply for Adjustment of Status
    3) get divorced, marry a different US citizen, then reapply for Adjustment of Status
    4) live the Illegal Alien life

    The good news is your employer won't know your employment authorization has ended, so you can keep on collecting a paycheck until your EAD expires or you get detained by ICE.

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