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Immigration Issues/Wife turned on me and withdrew sponsorship


Good evening, to make a long story short(trust me, is very long), I married a USC on May 03(we were a couple since 2000) and I filed in January 04, we had the interview on august 05 and everything was fine except that I was told the day of the interview that my file couldn't be found and for that reason I couldn't get approved for a green card that day and that within 2 weeks of getting my file they were going to send me a letter to come to the USCIS office and get my passport sealed and approved but the letter never came and they never found my file. In  September 05 my wife asked me for a divorce (we would fight constantly within the previous 6 months) and we separated, we agreed to do it as adults but when she filed for divorce she change her mind and filed for an annulment instead, she decided to accused me of fraud and showed up in immigration with a letter stating that I had married her solely for immigration purposes and that I offered her money for this, of course this never happened, we were together since 2000(and I later found that she became a lesbian and moved in to San Antonio, TX with her girlfriend). I kept asking for an appointment to see an immigration officer but they told me that there had to be a 90 day period between the interview and any inquiries about the case, I finally met the 90 day criteria and had an appointment set for November 27th 2005, that day the immigration officer said that they had "officially" lost my file in October and that one of the few copies of documentation that they gathered after losing it was the letter of withdrawal from my wife and the other letter stating that I purposely married her only to adjust my illegal status. He mentioned that he had to close my case since no one was sponsoring me anymore and he gave me the lecture about the consequences to that kind of fraud but he also said that it looked like she was angry and just to talk to her about the whole situation(?). I received a letter about a month later telling me that they had cancelled my case and that they were going to start deportation proceedings against me but I've never heard back from them, I requested a copy of my file under the freedom of information act and as of January 07 I've received 4 letters from the USCIS all of them telling me that they were looking for my file, and the last one that its been over a year since my original request and that they never found it. On the other hand I hired a Lawyer specialized in family law and disputed all of her claims on the Superior Court of California and won, after 18 months and 11,000 dollars in legal bills she couldn't prove any of her claims and I had tons of evidence such as pictures videos of the proposal, vacations together, cards, etc. She made a million excuses to postpone the deposition and she never produce any evidence, she was fined in February $2,100 dollars for contempt of court only after we filed a motion to compel against her and when she finally showed up to the deposition on March 14th 07 she dropped her request for annuity and changed her petition to only dissolution of marriage and that same day she signed a document where she stated that she did entered a valid marriage on 03, the court date was set for April 17th and that day the judge ordered her to pay me 40% of my lawyer fees and told her that he could see through her lies. So now I am divorced and without a green card and in limbo since the USCIS doesn't know what to do with me without my file.

First let me thank you for taking the time to read through all of this, and secondly these are my questions:

What would be my next step towards the immigration aspect of my case since I never received any update from the USCIS?

Is there any law that would entitle me to obtain a green card since I proved that all of her claims were a sham?

And practically any other comment that you think might help me with this matter.

Best regards,

Alex P.

Despite Immigration not giving you a final answer yet, your case is over once your wife decided she did not want to sponsor you anymore and became over as a matter of law when she got divorced from you.

There is a battered spouse path to residence that includes either mental or physical abuse but the problem is you would have had to file it before getting divorced.

At this point your best option seems to be finding a new wife to sponsor you before Immigration places you in proceedings. You will have to prove both marriages were entered into for good faith reasons.



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Robert Hollander<B> Esq.</B>



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