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  • Facing deportation - please help

    I'd like to post a short outline of my situation, then expand upon it should it be needed.

    My wife and I met in 2005, online, on a mutual interest messageboard (not a dating site). I am English, she is American. After several trips back and forth between the countries, we decided we'd like to marry. A fiance Visa enabled us to be wed in the USA (in MN) within the 90 days described within the process, in March 2007.
    We moved from MN to OK in June 2008 and informed USCIS of the address change by telephone.
    My wish was for naturalization and a Green Card. All documents were carefully filled out for the next stage of the process.
    However, we were unable at that time to obtain another Affidavit of Support. My wife's brother had previously supplied the relevant tax paperwork and signature of support, but, because of the economic situation of the country was unable to at that time. We have never asked him for monetary support anyway, but that is a by the by.
    We submitted the documents without the Affidavit and wrote an explanation of the circumstances in the extra information area.
    We were told by telephone to the USCIS, to forward the Affidavit when we could, things being less time critical now we were married.

    The next few weeks and indeed months saw us ask people within my wife's family for help with the form. But, unfortunately none was forthcoming and for the same reasons of the economy. We hoped for an upturn in my wife's brothers finances, such that he may be able to again sign for us and obviously improve his own life situation.

    In May of this year I received a Deportation notice, the only avenue of forwarding being to supply the Affidavit of Support and a large sum of approximately $500.
    Generous donations by friends and some sales of personal items and yard sales enabled the raising of the funds.
    Her brother, on learning of the gravity of my situation, now signed the Affidavit in any case...worried for us both.
    The paperwork was returned within the 30 days.

    On Monday of this week, we received a letter from USCIS of denial.

    Specific points being that we have not informed them of a change of address.
    That we have not submitted an Affidavit of Support for my wife.
    The letter also plentifully included defamatory remarks about my conduct within the process.


    We have no income, my wife having high blood pressure, sleep aphnea and other medical problems. I, of course, have been unable to work, having no Green Card.
    We bought our house with cash from the sale of my wife's house in MN.
    Neither of us has any criminal conviction.
    My wife receives Food Stamps.

    We have followed every due date for information requested, have tried so very hard to adhere to all and every criteria...yet the application has been denied. I am residing in the USA illegally.
    On the phone to USCIS it was asked if that means a couple of dark suited burly men may knock on the door at 3am. We were told that couldn't be ruled out but not to worry too much about that !
    We have been told of legal aid locally...if means tested then our zero income may mean a route forward.

    If you could offer any advice, we would be so very grateful.

  • #2
    Wow, (my initial reaction)! well seems at this point you need professional advice. So go ahead and find legal aid as suggested by USCIS, as the gravity of the situation you describe needs a lawyer... and in your case, a free one. If your family wont sign an I 864, then I doubt they are going to pony up the cash for legal fees.

    Were you aware that your fixed assets could have been used on the I 864?

    All the best to you and your wife and I hope your family wont be torn apart with a deportation order.

    MJM
    Disclaimer:Please bear in mind, my comments are not to be construed as legal advice. These are just my reasonings, based on my personal immigration experience or what I have read. Pay for legal advice or call USCIS to verify my comments.

    Comment


    • #3
      Thanks MJM for your quick reply and well wishes.
      We weren't aware that the house could be used in any way shape or form...especially form, if you see what I mean.
      Our main aim was to have no mortgage and to leave no dependence on the state in any way. We sought Food Stamps only after having lived on oatmeal for a few days. My wife now receives that benefit, which helps us both out.

      Certainly, a lawyer would be great, but if we can't find one for zero...or perhaps in a dream world someone who would take the case for experience and moral values, then what to do becomes even more troublesome.


      *edit* a friend just called round, he had a flat tire and with it raining could he have some help with changing it quickly. In talking, he suggested a 'waiver', saying that all this kind of help, fixing peoples computers for nothing etc (to keep my skills up) were ways people could say I am good people.
      Would such a signed waiver help in my case, somehow ?
      Last edited by Slider2732; 11-20-2009, 02:46 PM.

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      • #4
        Have you read the instructions of the I864? Start there. All that I am telling you is straight from the form instructions.

        Good luck
        Disclaimer:Please bear in mind, my comments are not to be construed as legal advice. These are just my reasonings, based on my personal immigration experience or what I have read. Pay for legal advice or call USCIS to verify my comments.

        Comment


        • #5
          We had read I864 and followed the documents needed, but had never stopped to wonder about the implications of different routes. That includes using the house as an insurance. We, really, ascertained what would be needed by following telephone advice and within the instructions about what was required.
          Not being legally trained, we hadn't thought about such avenues.

          I've downloaded it again and am reading it again, not that it could be resubmitted though.

          Comment


          • #6
            Okay, check out this link, call or write or something, I do feel for you.

            Disclaimer:Please bear in mind, my comments are not to be construed as legal advice. These are just my reasonings, based on my personal immigration experience or what I have read. Pay for legal advice or call USCIS to verify my comments.

            Comment


            • #7
              Thanks


              What I really cannot understand, is that because we are married, have a home with no mortgage, have no credit card debt...the Affidavit of Support would be unneeded. Issuing a Green Card would have been the answer and negate all of what they are basing my removal on.
              I don't get it, which I don't see as a failing of a rational intelligent person.
              Last edited by Slider2732; 11-21-2009, 01:22 PM.

              Comment

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