How is this possible?

[kokesismanim]

After my first marriage got denied I stayed in the US another 3-4 monts till I got married again. How is it possible that I was not out of status because if so they would let me to the interview for my second marriage I 485. I didnt had another visa or so at that moment isnt that weird or am I missing something?

Is there any way to check if I ever been out of status?

[azblk]

After my first marriage got denied I stayed in the US another 3-4 monts till I got married again. How is it possible that I was not out of status because if so they would let me to the interview for my second marriage I 485. I didnt had another visa or so at that moment isnt that weird or am I missing something?

Is there any way to check if I ever been out of status?

You don't have to be in status to file a i-485 based on a marriage to a USC. You only have to have been admitted or paroled at POE. Any overstay is overlooked. Basically if you overstayed the date on your i-94 and had no underlying status like H1-B or the like then you are out of status. What was your status when you filed your first i-485?

You can file a FOIA for your immigration record.

[kokesismanim]

I was divorced from my wife and I had no status.. I also havent received any NTA or so. I know if someone is out of status they tell them at the interview that he has to go to the judge.

Another question: I recently got my advanced parole and got divorced 3 days ago. Do you think they wait till the divorce is finalized and then deny my case or does that nothing to do with that? If so when do you think they would deny my case I mean I recently got the advcance parole and there was no home visit yet..

[azblk]

I was divorced from my wife and I had no status.. I also havent received any NTA or so. I know if someone is out of status they tell them at the interview that he has to go to the judge.

Another question: I recently got my advanced parole and got divorced 3 days ago. Do you think they wait till the divorce is finalized and then deny my case or does that nothing to do with that? If so when do you think they would deny my case I mean I recently got the advcance parole and there was no home visit yet..

If you have no status means you are out of status and you are accruing unlawful presence. May you didn't accrue enough unlawful presence for a ban but you did accrue some. Did you inform the USCIS that you filed for divorce? if you did not they have no way of knowing. Are you divorced already or you just filed for divorce?

It is a relatively new policy to send an NTA to every denied AOS if you are out of status. Perhaps at your first denial they did not send an NTA.

Why are you expecting a home visit? Did the USCIS think you marriage is a fraud?

What happened at your interview? getting advance parole says nothing about whether you will be denied or approved. Now that you have filed for divorce - The uscis has no choice but to deny you now. If they approved you now because they don't know you filed for divorce or are divorced - then they would have approved you in error and they can take back the green card.

You really have no good options left. You withdraw your application and go home or you wait until they deny you and put you in removal.

Of course you can fall in love, remarry and try again.

[kokesismanim]

My initial plan was to get divorced, take the application back and go back to my country and apply desperately for a B1/B2 after I traveled accross Europe to get approved.The same day I filed a divorce (last week) I was about to take the USCIS application back but than my lawyer told me that the advanced parole came so I didnt took the application back because I need to go urgently out of the US and actually I wanna come back even if its just a few more months.. The interview went really bad because I have a redflag from first marriage and this is why I expect a home visit. My wife left me already and moved to London so I had to divorce... Lets say I get approved which is a really really low possibility I can talk to my wife and take the divorce back (have still 6 monhts)..

Im just out of options you know so I dont know really what to do.. Im afraid of the situation that I leave and never can come back even for a few monhts to visit my friends.. if i would know that I can come a few monhts every year I wont pursue a greencard or so its just I love it here so much..

Im really out of options what do you think?

Thank you very much bro really appreciate it

[huyhoangvn]

This sound familiar to another post. Why creating another username to post the same thing?

[Eric_1]

After my first marriage got denied I stayed in the US another 3-4 monts till I got married again. How is it possible that I was not out of status because if so they would let me to the interview for my second marriage I 485. I didnt had another visa or so at that moment isnt that weird or am I missing something?

Is there any way to check if I ever been out of status?

They must have given the reason why your I-485 application was denied in the denial letter. What was the reason for the denial of your application as specified in the denial letter?

[robec]

My initial plan was to get divorced, take the application back and go back to my country and apply desperately for a B1/B2 after I traveled accross Europe to get approved.The same day I filed a divorce (last week) I was about to take the USCIS application back but than my lawyer told me that the advanced parole came so I didnt took the application back because I need to go urgently out of the US and actually I wanna come back even if its just a few more months.. The interview went really bad because I have a redflag from first marriage and this is why I expect a home visit. My wife left me already and moved to London so I had to divorce... Lets say I get approved which is a really really low possibility I can talk to my wife and take the divorce back (have still 6 monhts)..

Im just out of options you know so I dont know really what to do.. Im afraid of the situation that I leave and never can come back even for a few monhts to visit my friends.. if i would know that I can come a few monhts every year I wont pursue a greencard or so its just I love it here so much..

Im really out of options what do you think?

Thank you very much bro really appreciate it

You mean take back the divorce, your wife moves back to the US and you live as husband and wife? Because anything else really would not be right. You are either married or you aren't.

"if i would know that I can come a few monhts every year I wont pursue a greencard" --> you longer have any legal basis to pursue a greencard.... you got divorced.

The only way to find out how long you have been out of status is to check your I-94, it gives you the exact date. They would not ask you about that on the interview because it would be waived (in case of approval) since you married a US citizen. You still haven't mentioned on what kind of visa you entered the US when you got married the first time?

It really looks like you are out of options unfortunately. Leaving the country on an advanced parole while you are expecting a denial is very risky and they might not let you back in (if you get denied while abroad they will revoke the advanced parole immediately). Then it would definitely be in your best interest to be honest with USCIS and hope for the best with future applications.

This is what you wrote in your other post:

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.

I am sorry for your situation but in all honesty, you no longer have any rights to your advanced parole so why are you trying to find a way to keep it or to trick the government in to still allowing you into the country on an advanced parole you shouldn't have anymore (since you decided to divorce)?.

[azblk]

Lets say I get approved which is a really really low possibility I can talk to my wife and take the divorce back (have still 6 monhts)..

Im just out of options you know so I dont know really what to do.. Im afraid of the situation that I leave and never can come back even for a few monhts to visit my friends.. if i would know that I can come a few monhts every year I wont pursue a greencard or so its just I love it here so much..

Im really out of options what do you think?

Thank you very much bro really appreciate it

You are grasping at straws here. You can not just undo a divorce and you have to be married and not legally separated on the day they approve your petition. Since you have filed for divorce this is no longer true. So even if you got approved now your approval would be in error. When you go back to Europe - you will NOT be able to return for 10 years if you have more than 1 year of unlawful presence.

But even if you do not have a ban, It is very unlikely that you will get a NIV to come back any time soon since you have already shown immigrant intent by file two i-485's. Your friends will have to come see you instead.

[Poramin]

I’m sorry but I’m really struggling with what’s going on with your life. Was either marriage bona fide?

In your other post, you mentioned filing an I-485 with a previous wife and the interview went bad. So you’re saying you were unprepared and unconvincing enough to be denied?

And then the same thing happened again with a second wife???? Plus your second wife has left the US and moved to London??

[Poramin]

You just posted about applying for the I751 which implies having a 2 year provisional green card.

Are you trolling this forum??

[Stormlead86]

Poramin OP here says the question was for his friend, wonder why his friend cant create a profile!! anyway, lets give OP benefit of doubt for this time only.