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I-485 Denied, Re-applying under a different marriage

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  • I-485 Denied, Re-applying under a different marriage

    Hello-

    I had been married for 8yrs before my wife and I decided to apply for my status adjustment. In 2016 we decided to start the process. We have a daughter who at the time was 6 years old. About a year after I started the process I had my interview, to which my wife and I attended. They didn't ask much except our names, wedding date, and DOB of our daughter. Soon after that I received my work permit. Fast forward to this year, I received a Denial for my I-485, stating we did not provide enough evidence to proof our marriage was legitimate. We did have an unusual situation as we lived with her parents so we did not have a lease or really any bills under our names. But the bigger issue is that about a year ago we started having a lot of issues in our marriage and decided to separate. Now that we received the denial we have decided to file for divorce as we were not able to work things out. Needless to say, we will not be appealing the denial. I am now looking into my options, and would prefer to leave the country voluntarily rather than have an official deportation under my belt. I am just not sure how to go about requesting the voluntary departure and/if I will be charged a fine to leave? I would also rather do this quickly as my drivers license will be expiring in Sept and I am assuming since my work permit and SSN are no longer valid I will not be able to renew it. I do Uber for a living so without a valid drivers license I will not be able to make a living. I don't want to just leave without doing things properly. Does anyone know how long it takes to be granted the voluntary departure? Or can I just leave without notifying immigration? How long will it take until I can apply for a new adjustment in status again? I have started dating someone else and things were going great between us but If I must leave the US she is willing to work on a long distance relationship, but we would like to know how long it will be until I can apply again and if I will face any bars that will prevent me from coming back in the future?

    Thank you.

  • #2
    This is somewhat a complicated situation. The current immigration climate is rough. I'd consult a good lawyer for advise. Please don't go with what people on this forum suggest you. Good Luck.

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    • #3
      According to various immigration attorney websites, you will soon receive a Notice To Appear in Immigration Court for removal proceedings.

      What you really need to find out is should you decide to comply with the removal order, when can you come back?

      Also, are you out of status right now? Before you book that plane ticket, I strongly encourage you to consult with a reputable immigration attorney to understand your options and their consequences.

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