Craighc

Hi everyone,

I am sure someone can help out there... please.

I am a Brit.. .of course... I came over here way back in 2005 and was married.
. happens we got divorced before everything went through... then when it
came to my interview I was told I could not get permeneant residency... yeah
yeah...

Well problem is I stayed here... and I am now re married... I have not got my
paperwork going yet because I don't know what I am meant to do... do I have
to go back to the UK? Can I file paperwork while I am here? If so what
paperwork? Does anyone have any idea!!!!

My wife is pregnant and I know if I end up going back to the UK I will
probably miss the birth of my son/daughter... is there any help out there...

I am going to see the Immigration office tomorrow ... but when I called the
hotline they said that I could be picked up and removed because I am sitting
here ILLEGAL right now... can anyone help please.

Any ideas would be greatly appreciated..

Thanks in advance

dakota44

I wouldn't be walking into the Immigration Office if I were you. I think others here will tell you that you have probably overstayed your visa long enough to see a 10 year ban if you leave the country. As for filing in country with another spouse...I don't know. There are people here with far more knowledge on that topic. But I would suspect they will say "get thee to an Immigration Lawyer." fast.

scrubbedexpat099

Which Visa did you use to enter?

fatbrit

Do *NOT* return to the UK until you know the severe consequences you face.

Do *NOT* go anywhere near the immigration office until you've decided what you're doing -- they're not going to help you out here.

Do *NOT* bother phoning the hotline. It's a waste of time.

Questions....
What visa did you arrive on?
Why was the first PR application rejected?

-K

On May 14, 1:20 pm, "Craighc" <u34189@uwe> wrote:
> Hi everyone,
>
> I am sure someone can help out there... please.
>
> I am a Brit.. .of course... I came over here way back in 2005 and was married.
> . happens we got divorced before everything went through... then when it
> came to my interview I was told I could not get permeneant residency... yeah
> yeah...
>
> Well problem is I stayed here... and I am now re married... I have not got my
> paperwork going yet because I don't know what I am meant to do... do I have
> to go back to the UK? Can I file paperwork while I am here? If so what
> paperwork? Does anyone have any idea!!!!
>
> My wife is pregnant and I know if I end up going back to the UK I will
> probably miss the birth of my son/daughter... is there any help out there...
>
> I am going to see the Immigration office tomorrow ... but when I called the
> hotline they said that I could be picked up and removed because I am sitting
> here ILLEGAL right now... can anyone help please.
>
> Any ideas would be greatly appreciated..
>
> Thanks in advance

I am not sure exactly what you should do but i would recommend that
you file the papers work ASAP an then maybe after you have recieved a
reciept that your papers have been filed then possible go to the
office but until then I wouldnt. If your not comfortable with that
then I would also suggest making a 1 time appointment with a
immigration attorney an find out what your options are. Best of luck
to you an your wife an new unborn child....Hopefully you will not need
to go home. Please keep in mind I am not a licences attorney just
telling you what I think you should do.

Deedee13

agree one hundred % here!

Dont leave the country.

Dont go to any immigration office!

fist PR was rejected because he was it seems already divorced before he applied to stay in the first place.

meauxna

[QUOTE=Deedee13; fist PR was rejected because he was it seems already divorced before he applied to stay in the first place./QUOTE]

Exactly why it's important to know which visa he arrived on and what limitations it might have on a future adjustment of status application.

Craighc

Right now I love all of you for your help... believe me it is help....

I arrived on a K3 visa... I was married at the time...

What paperwork would I put through ... the I130?

I was divorced and thats why the first PR was stopped... even though my ex
went with me .. and yes we did tell them we married in good faith but I guess
they didn't believe that....even though it was true.

fatbrit

The paperwork's here:
http://www.visajourney.com/forums/in...age=i130guide2

Your case has issues. You should invest some dosh in one of those lawyer blokeys before doing anything else. A one-off consultation shouldn't break the bank.

meauxna

Then get yourself organized.. maybe we can help you get your thought in order so that you CAN get some help.

Start with dates. When you married, when you entered the US w/your visa, when you applied for AOS, when your interview was etc. Interject when you guys split up and that. Write each thing on one line, in order.

It doesn't matter that you married in good faith when it comes to the AOS interview--you have to BE married to each other to be approved.

You are not yet at the point of filing more forms. Acting without knowing what you're doing is going to cause more problems than it will solve.

Templar

> Right now I love all of you for your help... believe me it is
> help....
>
> I arrived on a K3 visa... I was married at the time...
>
> What paperwork would I put through ... the I130?
>
> I was divorced and thats why the first PR was stopped... even though
> my ex
> went with me .. and yes we did tell them we married in good faith but
> I guess
> they didn't believe that....even though it was true.

K3??????

Aren't you allowed to adjust the status only through the original spouse
for K3 visa? It's almost certain your new adjustment will be denied.
Methinks you have only one option left: You have to go back to UK and
file a waiver if you are even eligible.

--

fatbrit

Through a K1 is certainly iffy -- which is what I think you're thinking about. Although I believe there was at least one court ruling that was otherwise.

Craighc via ImmigrationKB

Okay, so from what I get so far I would be daft to go to the immigration
office... so not going!

If I leave the country I may or probably will get a 10 year ban for
overstaying.!!! Damn I am doing well

My Authority to Work ran out in Sept 2006 so I can no longer work! And my
immigration interview came to the decision that I was not going to be able to
be a PR... because of my divorce.

So what would happen if my new wife files the I-130? Would it work if I let
the paperwork go through that way and when it arrives in the UK (I have a
residence there) I could go back to the UK and go through the next stages....
would this work?

I know it is not advised to try and mess with the system but my wife being
pregnant and everything I do not want to leave her over here unsupported ....
and she has other children here so a move to the UK is not an option right
now.

ian-mstm

This just isn't your day, sorry. Regardless of how you proceed, if you leave the US, the ban will kick in and there's no coming back even if you have a valid visa. The ban overrides the visa.

Now, that said, you entered the country legally (way back when)... so that's good, meaning... you were inspected at a PoE... so, while you're out of status, you are probably not "illegal".

I suggest you contact an experienced immigration attorney and run this past him/her. It may be possible to simply refile the paperwork based on your new marriage... I-130, I-485, and I-765. Don't bother with I-131 (A/P) because even if it's approved, you can't use it because of the overstay.

Except for the manner in which you entered the US, I don't see that this is much different from someone who entered on the VWP, got married, and then stayed to adjust status based on marraige to a USC.

Ian

Templar

> Okay, so from what I get so far I would be daft to go to the
> immigration
> office... so not going!
>
> If I leave the country I may or probably will get a 10 year ban for
> overstaying.!!! Damn I am doing well
>
> My Authority to Work ran out in Sept 2006 so I can no longer work!
> And my
> immigration interview came to the decision that I was not going to be
> able to
> be a PR... because of my divorce.
>
> So what would happen if my new wife files the I-130? Would it work if
> I let
> the paperwork go through that way and when it arrives in the UK (I
> have a
> residence there) I could go back to the UK and go through the next
> stages....
> would this work?
>
> I know it is not advised to try and mess with the system but my wife
> being
> pregnant and everything I do not want to leave her over here
> unsupported ....
> and she has other children here so a move to the UK is not an option
> right
> now.
>
> --


I-130 isn't the problem. It almost always get approved automatically.
The next step I-485, the adjustment of status, is your real problem. If
you go back to UK and file I-130 there, then there is a way you don't
have to deal with the adjustment step at all, but since you probably got
a 10 year bar, that is not advisable at this point. You might not have
a choice, though.

You came into US with K3 visa sponsored by your first wife, but failed
to adjust the status and ordered to leave. Instead, you shortly married
another US citizen while being out of status. In such circumstances,
the immigration automatically suspected that you married to avoid the
deportation. Then, it is totally up to the discretion of your
interviewing officer. If s/he even remotely suspects of a marriage
fraud, you'll get denied. If you run into a grumpy interviewer who's
having a bad day, you'll probably get denied. I will have to say your
chance of getting approved for adjustment is not that great as you have
a highly suspicious circumstance.

If you do get denied, you have 2 choices: 1. Apeal the decision in front
of an immigration judge; 2. Go back to UK and file I-601 waiver to
overcome the 10 year bar.

--