Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Need Help Please! I-485 Denied / Now Divorced And Getting Remarried

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Need Help Please! I-485 Denied / Now Divorced And Getting Remarried

    Here is my story in a nutshell, hope to get some help please!

    Sep 2002 - entered the US on a J1 exchange visitor visa

    Feb 2004 – married USC and moved together

    Apr 2004 – filed for AOS

    Jan 2005 – my wife (USC) after loosing her job and having couple arguments with me she moved back to west to her state where her family and friends live and had a job waiting for her, while I remained here in Ohio. (The reason I didn’t follow her was that I had big chances to get a job promotion, which I eventually got it and we also had a couple ). I didn’t see her again till she came for the AOS interview, being both very busy, me working two jobs almost fulltime at that time; however we called each other daily, were using joint bank accounts, had same insurances, apartment lease, cell phone bills….

    Feb 2005 – AOS interview: took about 25 minutes, we were questioned separately and were told an answer will be given in two weeks.

    May 2005- I-130 denied, stating that we failed to proof we intended to have a shared, marital life together and the marriage was not bona fide for immigration purposes.
    Then she filed the petition to reopen the case and we decided to move together again. Ever since we haven’t heard from BCIS.. In the meantime I moved to her place, but we didn’t go along well and left her. Finally we agreed we could not work our relationship out and signed the papers for the divorce.

    Sept 2005 – divorce finalized and was ready to leave the US when I met her, my current girlfriend and fell in love with her. She would like me to stay with here, probably get married one day.

    I’m currently out of status, my work auth. has expired, the only thing that holds me back is my girlfriend. She is a US citizen born here. She does not speak my native language and would be impossible for her to move to my country.

    I would like to know if there is any chance at all, in case we get married here, to stay in the country legally. If yes, what would be the steps to do??

    Any advice would be appreciated! THANK YOU!

  • #2
    You need to file new family petition and adjustment of status applications after you two got married. Or, you could go back to your home country and ask your girlfriend file fiancee petition for you. How long have you been out of your legal status?

    Comment


    • #3
      Thanks for the fast reply.

      I assume that once my AOS was denied in May 2005 I become out of status since I have no current visa.

      If I get remarried in the US is it possible then to file for a new AOS petition? And would my first marriage affect the new aplication? What can be done?

      Comment


      • #4
        If you legally divorced and re-married, you can file new AOS, but the previous marriage will stay in your record and immigraion officer will question it during interview.

        Comment


        • #5
          The Immigration officer will do more than question it.......unless you succeed on the appeal, deportation proceedings will be initiated against you.

          You can always do a new pettiiton based on a new marriage but unless and until you overcome the finding of a prior sham marriage you will not get a green card and I believe the bar is a permanent one. You most definitely need an experienced immigration lawyer, if you don't have one already

          Comment


          • #6
            ...But your biggest problem you have is the reason for the denial ( not abonafide marraige) not that you have overstayed....

            Comment


            • #7
              Dear SimmieB
              How are you? did you submit a get a green card yet?
              Please share your situation and experience with us.
              Thank you so much, we appreciate about that.

              Comment

              {{modal[0].title}}

              X

              {{modal[0].content}}

              {{promo.content}}

              Working...
              X