Marriage based I485 ! help

[elena2013]

Hi,
I write here , maybe somebody else had same situation with mine and can give me an advice what should I do

so,
I came in US in 2007 like a visitor, got married same year in November. In April next year we filled all the files correctly for GC, work permit, etc. Soon after, in July we had our first interview, after nothing for 1 year or so from them we start to agitate why we do not get anything and we made some calls to a local senator office (who was on immigration problems). After a time we got a letter from the uscis office requesting my husband (only him) to go for a new interview. He was unable to go, time was to short to arrange a travel for him back, he worked in another state and the letter said something like next day or a day after. So, I went and everything was ok, they understand and called him for a long talk. After this nothing until now..
so, this was a quick history of my case.
Now, is the question.
today I got a new letter for a NEW interview in two weeks, where we need to be both (with all the files and else to prove the marriage was in bona fida, you know like the first interview-everyone who went thru knew what I;m talking about). My problem is I don't know what I should do because this year WE DIVORCED (our marriage was a big mistake).
Question. There is a law about that they can't do me anything, they can't deport me because it past so long, I mean is already 6 years from marriage and 5 from the paperwork start? (somebody told me that) I don't know, I start a life here and after my deception in this marriage it will be another , BIG deception for me to be deported and start another life elsewhere again.
I will thank you for any advice or answer. please
thank
elena

[mai95]

They can deport you if they believe that you did not have a real marriage or that you just married for green card. Why case took so long????
him living /working in another state? raises alot of questions for immigration.
You have to prove that you had a real marriage, it is ok that you divorced now, you can adjust status after divorce, but must prove you married in good faith and had a real marriage or YES they can deport you is is called visa fraud.

[chuck]

best thing for you is to remarry and this will solve all your problems. this can be done at no charge and a couple of acquaintances I know will help.

Hi,
I write here , maybe somebody else had same situation with mine and can give me an advice what should I do

so,
I came in US in 2007 like a visitor, got married same year in November. In April next year we filled all the files correctly for GC, work permit, etc. Soon after, in July we had our first interview, after nothing for 1 year or so from them we start to agitate why we do not get anything and we made some calls to a local senator office (who was on immigration problems). After a time we got a letter from the uscis office requesting my husband (only him) to go for a new interview. He was unable to go, time was to short to arrange a travel for him back, he worked in another state and the letter said something like next day or a day after. So, I went and everything was ok, they understand and called him for a long talk. After this nothing until now..
so, this was a quick history of my case.
Now, is the question.
today I got a new letter for a NEW interview in two weeks, where we need to be both (with all the files and else to prove the marriage was in bona fida, you know like the first interview-everyone who went thru knew what I;m talking about). My problem is I don't know what I should do because this year WE DIVORCED (our marriage was a big mistake).
Question. There is a law about that they can't do me anything, they can't deport me because it past so long, I mean is already 6 years from marriage and 5 from the paperwork start? (somebody told me that) I don't know, I start a life here and after my deception in this marriage it will be another , BIG deception for me to be deported and start another life elsewhere again.
I will thank you for any advice or answer. please
thank
elena

[mai95]

Remarriage is an option, But wouldn't her immigration status still be dependent on her first marriage? I mean if they think that her first marriage was a ****(or USCIS thinks it is) then it does not matter if she remarries. The worst case would be she remarry, USCIS says her first marriage was ****, and they deport her. But before there are so many appeals/ other routes that I highly doubt that would play out. While it is AOS is not dependent on the first marriage, you still have to prove that the first marriage was entered in "in good faith." The thing that bothers me is what the OP said, "He was unable to go, time was to short to arrange a travel for him back, he worked in another state " So they were not living together, and I am sure that USICS also noticed that. And the fact that there seems to be some missing information. She originally applied for her Green card on 2008 so what has been happening till now 5 years.?

[elena2013]

thank you guys for your answers.
my question is what should I do now? the interview is in 2 weeks.. I am going or not? today I talked with an immigration layer office, and I was told I have 99 % chance to be deported right away. uscis just waiting for this kind of opportunities to be "something wrong" in the files and cases and how we are divorced is "something very big wrong".
now, I want to answer too for you. Our marriage was made in good faith, we really fall in love but unfortunately you can't know well anybody in 4 months.. just in time we saw our defects and incompatibilities. and, he moved initially for an one year contract with his job (it was a very good paid contract so we agreed to do it for a year), which became 2, and 3..

[mai95]

There is a chance of you being deported, yes but not 100%. so my advise go to the interview and make your case that your marriage was entered in good faith that is your chance. If you don't go then it just looks worse. Before they deport there are appeals and delays and they usually don't lock you up in jail unless you did some crimes.
Questions about the relationship that you should be ready for, would include why did you not move with him and his job. How many times did you see each other when he moved for his job. what did you do to save your marriage. And gather all and any kind of documentation that you can and have it very organized.

[mai95]

I found this:
Some indications that a marriage may have been contracted solely for immigration benefits include:
Large disparity of age;

Inability of petitioner and beneficiary to speak each other's language;

Vast difference in cultural and ethnic background;

Family and/or friends unaware of the marriage;

Marriage arranged by a third party;

Marriage contracted immediately following the beneficiary's apprehension or receipt of notification to
depart the United States;

Discrepancies in statements on questions for which a husband and wife should have common knowledge;

No cohabitation since marriage;

Beneficiary is a friend of the family;

Petitioner has filed previous petitions in behalf of aliens, especially prior alien spouses.