Greencard denied / Husband lied / Can we apply again?

[subalesi]

Hello there,

I am writing because I really can't afford to pay $220 to hear I have no chance. I know I will have to hire an attorney, I am saving money for that,
but perhaps here I can find the light in the end of the tunnel. The "go ahead" I need to start again.

I got married in 2013 after 1 year dating an american citizen. Our relationship was always troubled and we did get married too fast, without having conditions to start a family. In our interview, he lied to the officer I have met his siblings, which I haven't, he thought it would sound weird otherwise, super stupid, I know, but its done. We also gave some different answers, like I said he did have he alt insurance, because I thought he had and he actually didn't have. It was a messy interview. We were super nervous and not thinking straight, my English back then was terrible. The officer put our process on hold. Our relationship didn't improve and with my immigration situation stuck, things got worse, I couldn't find a job, he was working in a seasonal job, not stable at all and we start to fight a lot. I got a nanny live in job offer which required me to move to South Carolina. We decided we needed a brake and that would be the perfect situation. We were in an unstable relationship getting back together and breaking up a lot. I was homesick, away from all my friends I have made back in Connecticut, I was getting depressed and even thinking of going back to my home country. But my job was very good, a good money, so I start to save some money, to travel, to visit him and we decided to give some more time before moving in together. I visited him a lot and I think I still can prove it (I gotta find receipts and collect letters from witness). Christmas 2014 I went to CT to visit him and we had a huge fight, like the worst possible and I said I was done. He messaged me few days later asking my part in the cellphone bill money and I was pretty mean to him. He said to me that immigration had contacted him by phone, which I didn't believe, so I was even more mean. He said I would regret it. I thought he was just trying to get in my mind, but apparently immigration did call him, and he lied to get me in trouble and get deported. He said I married him only for the green card, that I offered money to him, that we never consummate the marriage (maybe he could get it annulated) and stuff like these.When I found out what he had done, I called him desperate to ask him to fix it, that it was not fair. At this point, I was so afraid of immigration officers knocking my door and taking me to jail that I begged him to fix it. I went to Connecticut, I begged for forgiveness and I said to him we couldn't keep together, but for the sake of everything we had together, he should write a letter to immigration and tell the truth. He did the month after after my green card was denied. He showed me he got a receipt from immigration that they received his letter but no action further was taken. I stayed in south carolina to save some more money and I was ready to go back to Brazil for Christmas 2015, when I called him to talk about divorce around september and we got very emotional. We love each other after all. We had hurt each other, but we also love each other and the idea of leaving the country and not being able to come anymore was very sad. We decided to wait a few more months and we ended up giving up the divorce idea. We start to talk again, and we both have changed a lot. We think now we are ready to start again. He got a full time job in New Hampshire and I am willing to go back to New England. I have been visiting him once a month, he also came down to visit me and we are making plans. The problem is that his job is in the middle of nowhere, he has room and board at his job, We would get a place to ourselves in a bigger town (probably 1h from where he works), but it will be very hard to find a job without work permit. I am willing to use my savings in the first months and try to find some cleaning/babysitting jobs, but I would really need a work permit. I was thinking about wait 1 year living together to apply for green card again, to show we have now have stability, but I really can't afford this much time without a properly paycheck. My questions are:

what are the chances I am already in deportation proceedings (Green card was denied March last year)?
Can I apply again?
My husband is afraid of the consequences of lying to immigration. What would they do? Would he get in trouble? I thought that maybe not, since he already sent the letter saying the truth and they didn't do anything.
I will do my best to find a place for us and a job for me in a decent distance to his job, but if we can't, would 1-2h (distance to big towns in Massachusetts, where I see more opportunities) sound bad? he would probably stay some days in NH, but def come back when he is off.

I think I can afford at least 6 months without working, and if having a place too far from his job is an issue I will try loans, family, etc. to keep close to him, But would be nice if we could start with me working.

Thank you very much for reading my story, its pretty crazy, I know, but we are doing our best to clean all this mess. Thank you in advance for your attention and if you are a attorney in New Hampshire area or know someone, I would love your referral.

Best Regards,

Mia

[rayb]

Mia,

What visa type did you have to originally gain entry to the U.S.?

Did your Adjustment of Status denial letter or any subsequent correspondence from USCIS have any verbiage which suggested an Immigration Court hearing or that you should leave within a certain time period (voluntary deportation or Removal Order)?

--Ray B

Hello there,

I am writing because I really can't afford to pay $220 to hear I have no chance. I know I will have to hire an attorney, I am saving money for that,
but perhaps here I can find the light in the end of the tunnel. The "go ahead" I need to start again.

I got married in 2013 after 1 year dating an american citizen. Our relationship was always troubled and we did get married too fast, without having conditions to start a family. In our interview, he lied to the officer I have met his siblings, which I haven't, he thought it would sound weird otherwise, super stupid, I know, but its done. We also gave some different answers, like I said he did have he alt insurance, because I thought he had and he actually didn't have. It was a messy interview. We were super nervous and not thinking straight, my English back then was terrible. The officer put our process on hold. Our relationship didn't improve and with my immigration situation stuck, things got worse, I couldn't find a job, he was working in a seasonal job, not stable at all and we start to fight a lot. I got a nanny live in job offer which required me to move to South Carolina. We decided we needed a brake and that would be the perfect situation. We were in an unstable relationship getting back together and breaking up a lot. I was homesick, away from all my friends I have made back in Connecticut, I was getting depressed and even thinking of going back to my home country. But my job was very good, a good money, so I start to save some money, to travel, to visit him and we decided to give some more time before moving in together. I visited him a lot and I think I still can prove it (I gotta find receipts and collect letters from witness). Christmas 2014 I went to CT to visit him and we had a huge fight, like the worst possible and I said I was done. He messaged me few days later asking my part in the cellphone bill money and I was pretty mean to him. He said to me that immigration had contacted him by phone, which I didn't believe, so I was even more mean. He said I would regret it. I thought he was just trying to get in my mind, but apparently immigration did call him, and he lied to get me in trouble and get deported. He said I married him only for the green card, that I offered money to him, that we never consummate the marriage (maybe he could get it annulated) and stuff like these.When I found out what he had done, I called him desperate to ask him to fix it, that it was not fair. At this point, I was so afraid of immigration officers knocking my door and taking me to jail that I begged him to fix it. I went to Connecticut, I begged for forgiveness and I said to him we couldn't keep together, but for the sake of everything we had together, he should write a letter to immigration and tell the truth. He did the month after after my green card was denied. He showed me he got a receipt from immigration that they received his letter but no action further was taken. I stayed in south carolina to save some more money and I was ready to go back to Brazil for Christmas 2015, when I called him to talk about divorce around september and we got very emotional. We love each other after all. We had hurt each other, but we also love each other and the idea of leaving the country and not being able to come anymore was very sad. We decided to wait a few more months and we ended up giving up the divorce idea. We start to talk again, and we both have changed a lot. We think now we are ready to start again. He got a full time job in New Hampshire and I am willing to go back to New England. I have been visiting him once a month, he also came down to visit me and we are making plans. The problem is that his job is in the middle of nowhere, he has room and board at his job, We would get a place to ourselves in a bigger town (probably 1h from where he works), but it will be very hard to find a job without work permit. I am willing to use my savings in the first months and try to find some cleaning/babysitting jobs, but I would really need a work permit. I was thinking about wait 1 year living together to apply for green card again, to show we have now have stability, but I really can't afford this much time without a properly paycheck. My questions are:

what are the chances I am already in deportation proceedings (Green card was denied March last year)?
Can I apply again?
My husband is afraid of the consequences of lying to immigration. What would they do? Would he get in trouble? I thought that maybe not, since he already sent the letter saying the truth and they didn't do anything.
I will do my best to find a place for us and a job for me in a decent distance to his job, but if we can't, would 1-2h (distance to big towns in Massachusetts, where I see more opportunities) sound bad? he would probably stay some days in NH, but def come back when he is off.

I think I can afford at least 6 months without working, and if having a place too far from his job is an issue I will try loans, family, etc. to keep close to him, But would be nice if we could start with me working.

Thank you very much for reading my story, its pretty crazy, I know, but we are doing our best to clean all this mess. Thank you in advance for your attention and if you are a attorney in New Hampshire area or know someone, I would love your referral.

Best Regards,

Mia

[subalesi]

Mia,

What visa type did you have to originally gain entry to the U.S.?

Did your Adjustment of Status denial letter or any subsequent correspondence from USCIS have any verbiage which suggested an Immigration Court hearing or that you should leave within a certain time period (voluntary deportation or Removal Order)?

--Ray B

Thank you for your interest in answer me!

I came here as Au pair J1 VISA in December/2011

The denial letter was an automatic one, just like some friends when they had the visa status change denied, it says my i485 was being denied because I don't have a valid visa, or form to ask for adjustment of status. I am living in the same address since then and I never got a letter about court hearing our deportation proceedings.

- - - Updated - - -

Thank you for your interest in answer me!

I came here as Au pair J1 VISA in December/2011

The denial letter was an automatic one, just like some friends when they had the visa status change denied, it says my i485 was being denied because I don't have a valid visa, or form to ask for adjustment of status. I am living in the same address since then and I never got a letter about court hearing our deportation proceedings.

P.S: Its says I should immediately, but no specific time.

[rayb]

Was the denial letter very specific about "not having valid visa?" You need to nail down the real reason for the Adjustment denial so that you don't repeat the error in your future paperwork.

Did your J1 have a "two year" restriction?

If you can separate the drama from your description of the failed immigration process, it might be easier to find a way to survive this setback.

--Ray B

Thank you for your interest in answer me!

I came here as Au pair J1 VISA in December/2011

The denial letter was an automatic one, just like some friends when they had the visa status change denied, it says my i485 was being denied because I don't have a valid visa, or form to ask for adjustment of status. I am living in the same address since then and I never got a letter about court hearing our deportation proceedings.

- - - Updated - - -




P.S: Its says I should immediately, but no specific time.

[subalesi]

Was the denial letter very specific about "not having valid visa?" You need to nail down the real reason for the Adjustment denial so that you don't repeat the error in your future paperwork.

Did your J1 have a "two year" restriction?

If you can separate the drama from your description of the failed immigration process, it might be easier to find a way to survive this setback.

--Ray B

The denial was a consequence of I130 being withdrew, with his false statement. I forgot to be specific about it. Unfortunately is really hard to separate drama from my process, I need the person to understand the big picture, to see if it is worth to try again. thank you for reminding me of the information I should have sent. I will try to be more specific next time.

[rayb]

In your earlier message you mentioned "...valid visa or form to ask for Adjustment of Status..." Were those specifically checked as reasons for denial, or did they just happen to be on the denial form and unchecked.

If, indeed, the I-130 was withdrawn by your husband during the interview, then the Adjustment of Status was left without any legal basis.

Did your J1 visa status have a "two year outside the U.S. " requirement? Is there any possibility that your J1 status had an effect on the interview?

Aside from all the above, however, if the I-130 was withdrawn by your hubby, you had the ground pulled out from under you. In my opinion you would be better off marrying someone else and being re-petitioned, but without all the drama.

--Ray B

The denial was a consequence of I130 being withdrew, with his false statement. I forgot to be specific about it. Unfortunately is really hard to separate drama from my process, I need the person to understand the big picture, to see if it is worth to try again. thank you for reminding me of the information I should have sent. I will try to be more specific next time.

[subalesi]

Was the denial letter very specific about "not having valid visa?" You need to nail down the real reason for the Adjustment denial so that you don't repeat the error in your future paperwork.

Did your J1 have a "two year" restriction?

If you can separate the drama from your description of the failed immigration process, it might be easier to find a way to survive this setback.

--Ray B

In your earlier message you mentioned "...valid visa or form to ask for Adjustment of Status..." Were those specifically checked as reasons for denial, or did they just happen to be on the denial form and unchecked.

If, indeed, the I-130 was withdrawn by your husband during the interview, then the Adjustment of Status was left without any legal basis.

Did your J1 visa status have a "two year outside the U.S. " requirement? Is there any possibility that your J1 status had an effect on the interview?

Aside from all the above, however, if the I-130 was withdrawn by your hubby, you had the ground pulled out from under you. In my opinion you would be better off marrying someone else and being re-petitioned, but without all the drama.

--Ray B

Yes. The i130 was withdrawn. I don't think the J1 has anything to do with the denial. The 2 year rule does not apply.

I wish it was easier.

I truly believe we can make our marriage work, even if I have to stay out-of-status, if I am not send to court for deportation proceedings. Btw, do you know how long it takes about? We then may try my home country or other country, if possible.

Thank you very much for your time . God bless you