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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 3911
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I was married to a girl I met and fell in love with on June

Customer Question

I was married to a girl I met and fell in love with on June 23 2011.filed an application for green an interview date sept 14 2011.the interview was cancelled by us is to be rescheduled by us is..waited several years no date came.after a year of wAitin,uscis officers came to the house and I was not home because I got into it with my wife earlier that day and she kicked me out of the house as she was the one paying rent as I had no job.She vowed to kick me out of the country anytime we have our differences.SHe told the Gent the marriage was not real and that I paid her to get married to her which is not true.after they left she told me what she did and mocked that I will be kicked out of the country soon.atahis happened in MAy Of 2012.
We ironed out our differences few weeks after and continue living together as husband and wife.filed taxes together and all.2years after that the uscis agents came again to interrogate her and she said everything was fine between us and that the marriage was real.they got mad at her and she also told them she said otherwise the last time because we were not in good terms and she wanted me out of the country..they got mad and left.bear in mind I was still not scheduled for interview this whole time,then dec 18 2015 I rece a decision from immigration that they are denying the application due to what my wife said in May 2012. This caused chaos between me and my wife and she does not want to go with me to file an appeal so we can both be heard because we were separated and at the verge of getting a divorce for other reasons when immigration made their decision.I want to see if I can appeal without her or better still face an immigration judge and be heard
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 year ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

Is the I-130 and I-485 both denied?

Customer: replied 1 year ago.
The 1485 was denied
Customer: replied 1 year ago.
I30. According to the denial letter received was said to have been withdrawn
Customer: replied 1 year ago.
Since May 2012 when she told the agents all that crap.we still married and have been filing taxes together even after she said all of that to them.
Expert:  Jen Marie, Esq. replied 1 year ago.

Theoretically You can appeal the I-485 on your own, but your wife would be the one that has to appeal the I-130. However, if it is showing that the the I-130 was withdrawn instead of denied, then there is nothing that she can appeal. She can only appeal if it had been denied. There is no point in your appealing the I-485 because it is dependent on the I-130's reason for denial. Just by the fact that the I-130 was withdrawn(not denied), was enough to deny the I-485 becausean active I-130 is needed to process and I-485. I485 depends on I-130. You would have no argument in an appeal since the reason fro I-485 denial is due to I-130 withdrawal and not accusing you of fraudulent marriage, which would be much worse.

Actually at this point, you can resubmit the I-130 and I-485 all over again. As long as this time you remain together and not go through the same issues, it can still be approved without you having to see an immigration judge which will be a long and expensive process.

Good luck to you during this process and I hope this answer has helped you!

If you are not satisfied with my answer or if I did not understand your question correctly, please ask me for clarification and I will be glad to clarify. Your satisfaction is my goal.

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Customer: replied 1 year ago.
If we end up getting a divorce for instance how do I prevent deportation,can I move on with my life say if I decide to remarry.
Expert:  Jen Marie, Esq. replied 1 year ago.

Yes, technically if you remarry a US citizen, yes your new spouse can petition you again for a green card. That would be the only thing that you can do at this point if you divorce your current wife, aside from departing from the US.

Hope that helps to clarify and that you can now issue a positive rating.

Customer: replied 1 year ago.
I read if I dont appeal withing 30days of rejection I might enter deportation proceeding..I am not seeing as hone now and might take sometime to find a spouse..will I still be able to file if I marry again no matter when? Will I not be deported
Expert:  Jen Marie, Esq. replied 1 year ago.

The part of the decision that you read about the appeal is a boilerplate language that is in every single decision. It doesn't meant that it's specifically talking to you when they write that. It is not for certain that you will be put into immigration court/deportation proceeding even if you appeal or not. It can still happen. If you appeal, you may have less chance of deportation proceeding but you will be losing the money on the appeal because it will get denied for certain.

If you do get put into deportation proceedings, then you may or may not be able to file again if you marry a new US citizen. It depends when you get re-married and if you have not been given a deportation order yet, then yes.

I must go now but I hope this has helped you. Please remember to issue a positive rating before leaving this page. Thanks.

Expert:  Jen Marie, Esq. replied 1 year ago.

Hello there.. I see that you were able to read my answer. . I am just checking whether you had read my answer and if you had follow up questions.

Please let me know if I can help. Hope that I have earned your positive rating. Thanks!

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