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Old Oct 17th 2006, 3:04 am
  #1  
Jamaicangirl
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3 years ago I married someone who came to this country 7 years ago on a
fiance visa. He got married within the 90 day period; however, during his 3
years of married things were pretty rough and him and his wife divorced.
During their separation we met and go married a year later. He had his final
interview when he was married to me and I could not adjust his status since
he came in under a different person. He may have to leave to visit is sick
mom. I filed the I-130 however I have not heard the status. We are waiting
for the I-130 to be approved before we file for AOS. Can he leave during the
process of I-130 approval and still be able to enter back into the country?
 
Old Oct 17th 2006, 4:38 am
  #2  
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Default Re: Advice

Originally Posted by Jamaicangirl
3 years ago I married someone who came to this country 7 years ago on a
fiance visa. He got married within the 90 day period; however, during his 3
years of married things were pretty rough and him and his wife divorced.
During their separation we met and go married a year later. He had his final
interview when he was married to me and I could not adjust his status since
he came in under a different person. He may have to leave to visit is sick
mom. I filed the I-130 however I have not heard the status. We are waiting
for the I-130 to be approved before we file for AOS. Can he leave during the
process of I-130 approval and still be able to enter back into the country?
You should have filed an I-130 along with an I-485 in order to get his AOS done.

As for the rest, I advise a consultation with an immigration attorney. You should get the opinion of a very qualified person, you don't want to mess with him leaving the USA on the wrong advice of a layman.

Best Wishes,
Rene
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Old Oct 17th 2006, 5:03 am
  #3  
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Default Re: Advice

He would have been out of status since his adjustment was declined. And that seems a long time ago.

So most likely he has a 10 year ban if he seeks to re-enter.
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Old Oct 17th 2006, 7:35 am
  #4  
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Default Re: Advice

Originally Posted by Jamaicangirl
3 years ago I married someone who came to this country 7 years ago on a
fiance visa. He got married within the 90 day period; however, during his 3
years of married things were pretty rough and him and his wife divorced.
During their separation we met and go married a year later. He had his final
interview when he was married to me and I could not adjust his status since
he came in under a different person. He may have to leave to visit is sick
mom. I filed the I-130 however I have not heard the status. We are waiting
for the I-130 to be approved before we file for AOS. Can he leave during the
process of I-130 approval and still be able to enter back into the country?
I can't tell from your message if he was actually divorced or just separated when you and he underwent your marriage? If only separated you may find that you marriage to him is not valid. I am not sure, but it's sure as hell worth finding out.
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Old Oct 19th 2006, 2:27 am
  #5  
jamaicangirl via ImmigrationKB.com
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Default Re: Advice

He was definitely divorced. We have his divorce decree

nettlebed wrote:
    >> 3 years ago I married someone who came to this country 7 years ago on
    >> a
    >[quoted text clipped - 14 lines]
    >> process of I-130 approval and still be able to enter back into the
    >> country?
    >I can't tell from your message if he was actually divorced or just
    >separated when you and he underwent your marriage? If only separated you
    >may find that you marriage to him is not valid. I am not sure, but it's
    >sure as hell worth finding out.

--
Message posted via ImmigrationKB.com
http://www.immigrationkb.com/Uwe/For...riage/200610/1
 

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