jrgf
12-16-2007, 10:04 PM
I came to USA on June 30th 2003, with a tourist visa, my I-94 stamp expiration date was December 25th 2003, I got married on December 9th 2003, and started to prepare I-485, I- 130, I-765, I-131, and I-130 for my daughter who was outside USA, I sent my papers to USCIS on June 08th 2004, and on July I received in the mail my whole package with one I-797C for each form that I sent, NOTICE TYPE: Rejection Notice, the received date is June 14, 2004 and the Notice Date is June 28, 2004, and the reason of the rejection was because the paralegal who prepared my package sent it together with my daughter’s I-130, the rejection notice says:
“PART C POSTAL CODE”
This BCIS location can only process I-130 applications that are submitted with Form I-485 when a visa number is immediately available for the beneficiary’s immigration category, please file your Form I-130 at the BCIS Service Center with jurisdiction over your place of residence.
I corrected the problem and sent the paper work again the next day after I received in the mail, this was on July 08th 2004, and I received my I-797 receipts on the end of July with a Received date : July 12th and Notice date : July 20th , I was waiting for my interview but it was taking longer and I decided to use the Conditional Parole on February 2005 and came back on March 2005, the officer at the port of enter checked my document and let me in with no questions at all.
When I came back, my wife has disappeared (I still don’t know about her), while this was happening I was wondering about my paper work, and why I still didn’t get it on the mail, and I find out that there was a mistake on my address for my I-130 and my daughter I-130, they never came in the mail, then I tried to correct the problem, but immigration over the phone didn’t let me do it, because my wife was the person filing, and She was the one suppose to correct it, at that point I thought that there was nothing to do, because She was not longer with me and actually I didn’t want her to come back because a few months after, I met another person and we got emotional involved and We started to live together since August 2005, on August 2006 I finally decided to started my divorce procedure, I got the final resolution of my divorce on September 21st 2006, I remarried on October 2nd 2006.
This time I decided to hire an attorney, and don’t make mistakes any more, they stared my paper work with a withdraw letter for my old case, and then They filed I-130, I-485, I-765, I received my receipts notices for all of them, and after a little while I received my appointment for the interview, in the mind time, I check the status online of my old I-485, and I read the this was been denied. I asked the attorney what did this mean, what has been denied, and what will be the consequences, He didn’t give me an straight answer, He just warn me that I could possible have some problems due to this, because it could mean that I am already in a deportation process.
When I went to my interview I hired my lawyer to come with me, the very first thing that the Officer did, was to check up my two I-94 and my Advance Parole, and told me that I was ineligible because I exceed 180 days to file my AOS after my I-94 expired and I left USA using my Parole Document, and now I have to file Waiver form I-601, the officer continued with the rest of the interview making us general questions, when She finished, She gave us a paper telling us that we have to send a copy of my wife’s divorce resolution, together with the form I-601. My attorney didn’t know what was going on, because I assume that He never review my case, and only his assistant did, then he couldn’t say anything to the officer, only watch what was happening to me.
The 180 days after my I-94 expired, was June 22nd 2004, but I sent my papers before that date, there was a mistake on my daughter paper work,(they were sent together with mine) but they rejected the whole package, I sent the papers back immediately, on July 9 2004 (I have the Post Office receipt) unfortunately 17 days late, and the received date is July 12 2004, that make it 20 days late.
Can I fight this dates matter in order to don’t file an I-601? How? Would it be possible make an Info-Pass, and talk to the officer about this matter?
I don’t think that We qualified for a waiver, because I have no prove of extreme hardship to my wife, She have some psychological issues, like depression and bipolar, but they were diagnosed maybe 6 or more years ago, now we can’t afford a doctor, She also have some financial issues like She works only part time, beside that I don’t think that is a good idea for her to come with me to my country, first of all hardly a person of our age can get a decent job plus the language problem, She doesn’t speak Spanish at all, if somebody can advice me, I need help and I don't believe in lawyers, I have to send this papers before February 2dn
“PART C POSTAL CODE”
This BCIS location can only process I-130 applications that are submitted with Form I-485 when a visa number is immediately available for the beneficiary’s immigration category, please file your Form I-130 at the BCIS Service Center with jurisdiction over your place of residence.
I corrected the problem and sent the paper work again the next day after I received in the mail, this was on July 08th 2004, and I received my I-797 receipts on the end of July with a Received date : July 12th and Notice date : July 20th , I was waiting for my interview but it was taking longer and I decided to use the Conditional Parole on February 2005 and came back on March 2005, the officer at the port of enter checked my document and let me in with no questions at all.
When I came back, my wife has disappeared (I still don’t know about her), while this was happening I was wondering about my paper work, and why I still didn’t get it on the mail, and I find out that there was a mistake on my address for my I-130 and my daughter I-130, they never came in the mail, then I tried to correct the problem, but immigration over the phone didn’t let me do it, because my wife was the person filing, and She was the one suppose to correct it, at that point I thought that there was nothing to do, because She was not longer with me and actually I didn’t want her to come back because a few months after, I met another person and we got emotional involved and We started to live together since August 2005, on August 2006 I finally decided to started my divorce procedure, I got the final resolution of my divorce on September 21st 2006, I remarried on October 2nd 2006.
This time I decided to hire an attorney, and don’t make mistakes any more, they stared my paper work with a withdraw letter for my old case, and then They filed I-130, I-485, I-765, I received my receipts notices for all of them, and after a little while I received my appointment for the interview, in the mind time, I check the status online of my old I-485, and I read the this was been denied. I asked the attorney what did this mean, what has been denied, and what will be the consequences, He didn’t give me an straight answer, He just warn me that I could possible have some problems due to this, because it could mean that I am already in a deportation process.
When I went to my interview I hired my lawyer to come with me, the very first thing that the Officer did, was to check up my two I-94 and my Advance Parole, and told me that I was ineligible because I exceed 180 days to file my AOS after my I-94 expired and I left USA using my Parole Document, and now I have to file Waiver form I-601, the officer continued with the rest of the interview making us general questions, when She finished, She gave us a paper telling us that we have to send a copy of my wife’s divorce resolution, together with the form I-601. My attorney didn’t know what was going on, because I assume that He never review my case, and only his assistant did, then he couldn’t say anything to the officer, only watch what was happening to me.
The 180 days after my I-94 expired, was June 22nd 2004, but I sent my papers before that date, there was a mistake on my daughter paper work,(they were sent together with mine) but they rejected the whole package, I sent the papers back immediately, on July 9 2004 (I have the Post Office receipt) unfortunately 17 days late, and the received date is July 12 2004, that make it 20 days late.
Can I fight this dates matter in order to don’t file an I-601? How? Would it be possible make an Info-Pass, and talk to the officer about this matter?
I don’t think that We qualified for a waiver, because I have no prove of extreme hardship to my wife, She have some psychological issues, like depression and bipolar, but they were diagnosed maybe 6 or more years ago, now we can’t afford a doctor, She also have some financial issues like She works only part time, beside that I don’t think that is a good idea for her to come with me to my country, first of all hardly a person of our age can get a decent job plus the language problem, She doesn’t speak Spanish at all, if somebody can advice me, I need help and I don't believe in lawyers, I have to send this papers before February 2dn