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jeff douglas
Aug 31, 2008, 08:19 PM
Hi my name is jeff bartlett,

My wife and I got married last year in December and then we started to adjust status to permanate resedncy,her dad had got cancer for the third time and he is 80 well she wanted to go home to make sure he was all right,well we were wondering what we can do to get her back here so we can start the process over again I miss her dearly and she miss's me very much to we have a child but it is not my biolgical child but she still is my child, she lost resedncy in denmark, when she started the immigration here now her life is up in the air and we don't know what to do we are scared they won't let hr back in the usa I am a born and raised citizen of the USA. What do we do can you please help?

lawanwadee
Aug 31, 2008, 11:57 PM
How did she first enter US? What kind of visa? When did you get married? Where?
Did you file I-485? Receive Notice of Approval? Did she file Advance Parole before she left? Etc.

Please give ALL details...

jeff douglas
Sep 1, 2008, 12:04 AM
She came over on a vwp visa waiver program ,we got married on dec 28 2007 in toledo,Ohio at the court houseand we filed for change of status to permanate resednt and we got a notice of action meaning they took out the money from my bank account and started the paperework and no she didn't file for advanced parole before she left what can I do?

lawanwadee
Sep 1, 2008, 12:46 AM
Did she try to return to US? Did the immigration officer deny her entry?

Even if she was not denied the entry, getting married on visa waiver program is violation of the law and the fact that she did not file Advance Parole, she won't be able to enter US. She would need an experienced immigration attorney to file a waiver.

What I don't understand is why she had to renounce her citizenship? Denmark does not allow dual citizenship but becoming a lawful permanent resident in US or other country does not mean she has become a citizen of that country. Besides, her application has not been approved yet. The time to renounce Danish citizenship is when she applies for naturalization, which is optional. She can remain a green card holder forever if she wants to maintain Danish citizenship and lives in US legally.

jeff douglas
Sep 1, 2008, 01:14 AM
Our lawyer didn't say anything about it being illigal she did our paperwork, and no she hasn't tried to come back yet its been 2 and a hlaf weeks.so your saying she can't come back at all?

lawanwadee
Sep 1, 2008, 01:32 AM
If the immigration office at port of entry found her record of filing I-485, she may be denied... how long did she stay in Denmark? Did she ever mention about returning to US?

Jane Douglas
Sep 1, 2008, 01:34 AM
Hey . Im Jeffs wife. I didn't renounce my citzenship, I'm just not recidenset in DK no more after we moved to the US. In DK in registred as living in the USA, that's what my husband means.
But what I need to know is:

1) If its against the law to get married while I'm on the VWP, how come they didn't tell us at the cityhall, when we went to get married?

2) Our lawyer didn't question the fact that we got married on the VWP, wouldn't she know a thing like that was illigal , and that we wouldn't be able to ajust?

3). Everything went so fast regarding my dad, that I didn't even think about getting the advace parole to leave the US, so that's how the situation is now.
What do we do?
Where do I go to restart the paperwork?
Do I stay I DK and get the paperwork done from here before I go back? Or do I go back to the US and start the paper from there again?

4) I took most of the paperwork with me back to DK.
Would it be a good idea to go to the US ambassy and tell them the situation?

All I want to know is. Where do we go from here.

jeff douglas
Sep 1, 2008, 01:36 AM
They don't get them records they have no clue we started the prosess unless she says somthingto them about it and she has been in dk her whole life besides when she came here to start immigration to live here,and no she didn't say anything about coming back to them but to me and the lawyer yes

lawanwadee
Sep 1, 2008, 09:56 AM
If Notice of Receipt has been mailed to you, your record will appear on the shared database, so DHS, USCIS, and other federal agencies may get access to it.

When you get married at the city hall, they will do it for everyone regardless of legal status, but immigration issue is another story. Your attorney should have explained all in details.

Contact US consulate with all the paperwork...