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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106928
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Me and my US citizen wife got married Nov 18, 2011. In 2012

Customer Question

Me and my US citizen wife got married Nov 18 , 2011. In 2012 I-130 was approved. But I-485 was denied due to my possession of pharaphernalia in 2004. Motion to reconsider was filed, but at that point my case was sent to Retired Case Center as i was told.
In Janury 2015 my case was officially reopened. Me and my wife are not good anymore. We recently lost our house, bank took it. We moved and did not check mailbox on time so we missed an appointment for my I-485 . Notice was dated Oct 26th and appointment was
on NOV 5th 2015. I have an atturney she usually gets everything i get, but she said she did not get any notice. Im still going to divorce my wife i cant handle living with her anymore. Whats going to happen to me? We did not miss interview because she did
not want to go. We simply did not check mail box on time, but now we have even worse situation between us, i dont think we want to continue anything together. What is going to happen to me? Will they deport me? can i divorce her and remarry? what to expect
from immigration if i will not do anything about my missed appoitnment for I-485. Once again my I-130 was approved in 2012. I do have Work authorization card untill May 2016 and i do have DL till May 2015. Currently on administartive probation for DUI for
another 6 month
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

So you are asking if you divorce your current spouse, what happens to your current Residency?

Customer: replied 1 year ago.
You already told me in our prevous conversation that it will tak months or even years for immigration to come around. And that i can still remarry. But now its more complicated because we missed our I-485 interview just now. Notice was dated Oct 26 2015, we recieved it but we simply did not check all that pile of mail intil yesterday and it was a notice for interview in that pile. Interview was Nov 5th 2015. what is going to happen now?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

You can ask to reopen the case and ask them to reschedule the interview, but if you are heading for divorce, it can get more complicated. You would file an I-290B and explain what happened and ask them to reopen the case. Here is a link:

http://www.uscis.gov/i-290b

Unfortunately, it may take a few months for them to reschedule the interview. If you divorce by then, then you have no standing to get the I-485 approved unless you can prove abuse on her part.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you!

Customer: replied 1 year ago.
what would happen if i will not file I-290B and will just leave, try to mb meet another woman. Will ICE try to deport me now, when i failed to appear to the interview? I heard they send a denial letter and give 30 days to leave the country. Once again my I-130 was approved, and our marriage was real, it just. will they ask me to leave the country in 30 days? and if so, what if i will not leave?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

I explained to you before that you are not important to immigration, so as long as you do not commit any crimes, ICE will probably leave you alone. Even if they did try to deport you, it takes a long time to deport someone. You have to go before an Immigration Judge and you would have a chance to file an I-360 if you can prove abuse.

Let me know if you need anything else, but please do not forget to rate me positively. Thank you!

Customer: replied 1 year ago.
I meant if i will just live my life . IM not planning to leave the country ever. what whould happen if i will not file I-290B. will they ask me to leave in 30 days?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Please read my previous response and do not forget that positive rating! Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Thank you for your kindness and respect. Good luck to you.