Such a complicated situation...

[kokesismanim]

Hi there,

Here a short summary:

First marriage: I got married in 2014 and applied for a greencard. The interview didnt went well, never got a green card, only advanced parole and finally I got denied after 2,5 years of waiting. I got divorced from my wife and got married to my second wife.

Second marriage: The interview didnt went well again and I ended up at the same situation. I recently got my second advanced parole from this marriage. I know that 99% my application will be denied again. There was no home visit from USCIS yet. I filed a divorce last week as my wife left me and moved to London because my plan is to withdraw my application and go back to Turkey and apply for a B1/B2 visa in about a year and visit my friends here every year for a few months.

As mentioned I recently got my advanced parole and I need to travel outside the US to see my family. I plan to come back in 1,5 months. I havent withdrawn my greencard application yet because if I do so my advance parole will be invalid. I am just afraid that I got a denial before I take the application back. But I cant take the application back because I need the advanced parole to reenter the US in 1,5 months.


Here my questions:

- Is it likely that I got denied in the next 2 months? I recently got my advanced parole. How long does the investigation process take? There was also no home visit yet.
- How are the chances to get approved for a B1/B2 visa from Turkey after a year (Meanwhile I will travel a lot in Europe)
- Lets say I came back in 1,5 months and stayed another 2 months in the US and I got the denial. Is there any other chance to get a E1/E2 visa while Im in the US?
- If I get denied again will I be deported? How is the process?

Im really thankful for advises from experienced people. Every lawyer say something different!

Best regards

[robec]

What kind of visa did you enter the US with? Are you out of status and if so, for how long have you been out of status? If you are out of status and you get denied, you will most likely be facing a ban from entering the US after you have left the country.

[huyhoangvn]

In case you are denied, if you have not been maintaining your legal status, they will send you the Notice to Appear which starts the deportation process. In court, you have another chance to prove to the immigration judge you are in a bona fide marriage.
However, you said you have filed for divorce, which means once it's finalized, you are not in authorized stay anymore and starting accumulating illegal stay if you have not been maintaining your status. You don't have a choice to really "take the application back" or keep it there.
You can choose to let it sit there until the date of interview, however, your illegal stay will start accumulating the date your divorce is finalized, not from the date they figure that out (new law). You will face a ban depending on the number days you've been accumulating.
IMO, if you want to come here for business later, the best course of action right now is to withdraw the application once the divorce is finalized and leave the country. I doubt they will adjudicate your case until then (usually takes around 2 to 3 months).

[azblk]

It is unlikely you will NOT get a b1/b2 visa again for the next ten years unless you are now on a dual intent visa like H1/H2. Most likely you already have 1 year of unlawful presence so if you leave the US without a green card or advance parole you are not returning for at least 10 years.

[kokesismanim]

It is unlikely you will NOT get a b1/b2 visa again for the next ten years unless you are now on a dual intent visa like H1/H2. Most likely you already have 1 year of unlawful presence so if you leave the US without a green card or advance parole you are not returning for at least 10 years.

I recently got a advance parole and I never had a unlawful presence yet. Although my greencard application from the first marriage got denied. So you say that even I take my current greencard application back and leave the country without a unlawful presence I will stil not get a B1/B2 or E1/E2 for 10 years? Are you sure about that? My intention in taking back the application is to show "OK, I get divorced, I take the application back, I was always legal here and I am leaving the country.. I havent caused any problems. I will maybe come back on a B1/B2 to see my friends"

[kokesismanim]

In case you are denied, if you have not been maintaining your legal status, they will send you the Notice to Appear which starts the deportation process. In court, you have another chance to prove to the immigration judge you are in a bona fide marriage.
However, you said you have filed for divorce, which means once it's finalized, you are not in authorized stay anymore and starting accumulating illegal stay if you have not been maintaining your status. You don't have a choice to really "take the application back" or keep it there.
You can choose to let it sit there until the date of interview, however, your illegal stay will start accumulating the date your divorce is finalized, not from the date they figure that out (new law). You will face a ban depending on the number days you've been accumulating.
IMO, if you want to come here for business later, the best course of action right now is to withdraw the application once the divorce is finalized and leave the country. I doubt they will adjudicate your case until then (usually takes around 2 to 3 months).

My only concern right now is to get my green card application denied before my divorce period (6 months in California). Or do you mean they wont deny for sure before divorce is finalized?

Thank you very much!!!

[Stormlead86]

azblk i have a bit of confusion here, for OPs case in the 2nd Marriage shouldn't the unlawful presence starts to accumulate only after he gets divorced? OP might already have 1+ year of unlawful presence after his divorce from 1st Marriage unless he is in a dual intent visa which means he gets a 10 year ban automatically and no B1/B2 visa anyway.

[azblk]

azblk i have a bit of confusion here, for OPs case in the 2nd Marriage shouldn't the unlawful presence starts to accumulate only after he gets divorced? OP might already have 1+ year of unlawful presence after his divorce from 1st Marriage unless he is in a dual intent visa which means he gets a 10 year ban automatically and no B1/B2 visa anyway.

The OP says he has no unlawful presence at all. His problem is he has already shown immigrant intent by twice filing for a green card. It will be very hard for him to convince a consular officer that he has abandoned that intent now.

[huyhoangvn]

The OP says he has no unlawful presence at all. His problem is he has already shown immigrant intent by twice filing for a green card. It will be very hard for him to convince a consular officer that he has abandoned that intent now.

This is a good point.
Once a person sets his feet here in the US, he can get married and file for AOS at anytime regardless of him maintaining the status or not. Moreover, I don't see his tie to the US. He's been out of the country so many times. His wife left him and he only has "his friends" here. This whole thing is a mess to start with.