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  1. #1
    Join Date
    Aug 2005
    Location
    ct
    Posts
    10

    Default Separation Before Interview for Immigration

    Hello, I need some advice on my situation.

    I was married in 2002 ( our son was born 2001) we applied I-130 AND I-485 in 2002. I already had my biometrics and interview in 2004. I since moved out of New York to CT and transferred my case over. My husband and I have now separated (not legally) still married.
    DHS sent me another fingerprinting appt in which i went to and has now sent me for another interview next month(Sept)
    My questions are...
    How many times do i need to get fingerprinted and interviewed?
    I've done this last year in Long Ilsand City,NY ( i have all paper work showing i did this already)

    Should i bother going into this interview since I'm now separated (for 5 months)? And if so, will i get into problems? We are still married and have a 4 yr old son together. We dont know if we will get back together ...

    And if not, what are my next options to stay here legally with my child? can they deport me with my US born son if i withdraw my application?

    Please help since my interview is in 2 weeks.
    Thank you

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Married with US born son...left husband

    Quote Quoting gaviota
    How many times do i need to get fingerprinted and interviewed?
    I've done this last year in Long Ilsand City,NY ( i have all paper work showing i did this already)
    They should only need one biometrics appointment; but if you are unwilling or unable to get them to confirm the prior session it is better to get fingerprinted more than once than to risk having your application for immigration deemed abandoned.

    Quote Quoting gaviota
    Should i bother going into this interview since I'm now separated (for 5 months)? And if so, will i get into problems? We are still married and have a 4 yr old son together. We dont know if we will get back together ...
    If you wish to immigrate, you should of course attend your appointments.

    Quote Quoting gaviota
    And if not, what are my next options to stay here legally with my child? can they deport me with my US born son if i withdraw my application?
    If you abandon your immigration status, and have no other legal basis to be in the country but choose to remain illegally, you would be subject to deportation. I am not sure why you would do that, though.

    You would benefit from discussing your situation with an immigration lawyer in advance of your scheduled interview.

  3. #3
    Join Date
    Aug 2005
    Location
    ct
    Posts
    10

    Default separated from my husband, should i still go for interview?

    I don't want to brake any laws.
    My husband and I separated after 3 years of marriage and DHS mailed us another interview appt. (next month.) The problem is...

    We do not live together anymore, He is not very happy to accompany me to this interview. What can happen if we show up for the sake of just ending this Immigration situation? We have a 4 year old son and last year we claimed separate taxes, will that be a problem?

    I dont know what to do. We are still legally married and my appt. is coming up soon.

    HELP!

    Should i go without him, with him? Should i just abandon this application (i485)?
    Again, I Dont want to brake any laws.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Immigration With Pending Divorce

    You would benefit from discussing your situation with an immigration lawyer in advance of your scheduled interview.

  5. #5
    Join Date
    Aug 2005
    Location
    ct
    Posts
    10

    Default

    i have discussed with an immigration lawyer.
    Basically she said to send the interview letter back withdrawing it.
    Then she said to divorce him.
    Finally she said they will send me a letter for deportation! To give her a call after i get that letter.

    Now..i've neen in the US for over 20 yrs.
    I have no family in Spain.
    My family is all here in the U.S.
    And i will be taking my son away from his father (US citizen)

    I dont get this system?
    Any other advice will be of much use.
    Thanks Aaron.

  6. #6
    Join Date
    Aug 2005
    Location
    NY
    Posts
    163

    Default

    You should talk to your husband. You should both attend the said interview, even though you are separated. Did you both file for Removal of Conditions/did you file for a waiver?

    This reply is in the nature of general information, not legal advice and should not be relied on as such.

    Alex Berd, Esq.

  7. #7
    Join Date
    Aug 2005
    Location
    ct
    Posts
    10

    Default

    Thanks for your reply!

    No, we have not filed for removal of conditions or a waiver.\
    Where would i file ? Should i ask the immigration officer during my interview about it or can i get the waiver on the "uscis.gov" website?

    And what is the wait time after filing for this waiver?

    I appreciate all your help ...this site has been more informative than speaking to an actual lawyer in person.

  8. #8
    Join Date
    Aug 2005
    Location
    ct
    Posts
    10

    Default

    I have done some research reguarding the waiver and as per USCIS.GOV website, their posts are as foloows:

    [b]You and your spouse must apply together to remove the conditions on your residence. You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your alien registration card (commonly know as green card) is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country


    If you are no longer married to your spouse, or if you have been battered or abused by your spouse, you can apply to waive the joint filing requirement. In such cases, you may apply to remove the conditions on your permanent residence any time after you become a conditional resident, but before you are removed from the country.


    My question will now be....
    1) I am not a conditional resident (the only thing i have is an EAD card) and my receipts from both forms I-130 AND I-485.

    SO, i really dont understand .....

    :shock:

  9. #9
    Join Date
    Aug 2005
    Location
    ct
    Posts
    10

    Default outcome to an interview

    Hello to all.

    Just wanted to share the outcome on my case

    I went on my immigration interview with my husband (separated) not legally. As i searched for answers and information from every immigration lawyer, I decided to go to this interview with him and explain the truth.

    Now, i moved to Conneticut after we separated and we originally filed in New York City . (My husband still resides there) When i moved to CT, I went to Hartford to find out the status of my case and they told me my case was never transferred to CT ( It was still in NYC) I filed an AR-11 and contacted the appropiate people so they could know i moned to a different state.

    So, a few weeks later, I get called for yet another interview in CT ( We had one done last year in NYC) never heard any replies.

    We went on this interview about 3 weeks ago. It was the most dissapointing experience with this system.

    First thing the immigration officer asked of upon entering his office was: drivers license with a Conneticut address (problem was, My husband resides in NY and I;m not supposed to have a driver license even though I do ) Got mine issued in early 1990's.
    Don't ask! Should explain the system to you.
    Anyway, so I said the truth " I havent switched to a CT liscence because i just moved here)

    His comment.. Well forget it, I can't take your case. I wil send your case back to NY if you cant show me CT proof. Then i began to explain that we are separated and he basically said he was going to deny my case on the spot if i told him that. He said to move back to NYC and try again with my husband. I said "no" we are separated and wont be getting back together. He made my husband sign a paper stating we live in NYC. ( BUT, i dont)

    Outcome...he mails my case back to NYC (gets lost in the system again) and i RESIDE in CT. We are going to be filing for divorce soon. This whole situation left a sour taste in my mouth.

    If anyone can help me, I would appreciate it.
    I contacted lawyers and they all basically told me to go to this interview and explain the truth (which we did)

    What can be my next steps?
    The immigration officer said he was mailing my case back to NYC and they will send me for another interview in NY. I dont get it.

    Lost and confused .Can anyone help?

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