Need help urgently
May 15th 2007, 6:26 pm
#16
Concierge
Joined: Apr 2001
Posts: 46,423
Re: Need help urgently
As for the manner in which he entered the country, while it was a K visa, it was a K-3 visa which is for a married foreign spouse to be reunited with their USC spouse in the US to await the completion of the I-130 so that adjustment of status petition I-485 could be filed. It has nothing that I am aware of that states that the K-3 recipient cannot remarry another USC spouse while still within the US and adjust status.
Of course, at least a one time consultation with an experienced immigration attorney well-versed in the K-3 visa implications would be the way to go. If there is nothing in the K-3 hindering his new spouse from filing for him while he is inside of the US (well out of status), he can go ahead and they can file the I-130, I-485, I-693, I-864, I-765 and G-325A's so that he can adjust status and work once again.
BTW for the original poster you lost the right to work when you I-130 was denied, not when the K-3 expired.
Of course, at least a one time consultation with an experienced immigration attorney well-versed in the K-3 visa implications would be the way to go. If there is nothing in the K-3 hindering his new spouse from filing for him while he is inside of the US (well out of status), he can go ahead and they can file the I-130, I-485, I-693, I-864, I-765 and G-325A's so that he can adjust status and work once again.
BTW for the original poster you lost the right to work when you I-130 was denied, not when the K-3 expired.
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
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
May 15th 2007, 6:31 pm
#17
Concierge
Joined: Apr 2001
Posts: 46,423
Re: Need help urgently
He does not (or at least that we know of) have to return to the UK for any I-601 Waiver. What is the waiver for?
To the OP, you file all the forms I mentioned together at one time. Unlike as with your first spouse, if you are inside of the US while filing after married you file the I-130 and I-485 together. The are adjudicated at the same time. It is only when you are outside of the US at the time of filing after marriage and your spouse is inside of the US that you file ONLY the I-130 first and after approval complete processing at the US Consulate abroad.
May 15th 2007, 7:13 pm
#18
Septicity
Joined: May 2004
Posts: 23,762
Re: Need help urgently
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.
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.
BTW, notice you're wondering about for your ng postings. We're mostly going through the portal @
http://britishexpats.com/forum/forumdisplay.php?f=35
if you want the quickest response times.
May 15th 2007, 8:17 pm
#19
Guest
Posts: n/a
Re: Need help urgently
> > >
Apparently you misunderstood. The adjustment I am taking about is
his pending one (when he eventually files a new petition with his
second wife).
If he gets denied of his second adjustment attempt in U.S. (which has a
significant probability as K visa+denial of AOS+second attempt at AOS
with a different partner automatically triggers a suspicion of marriage
to avoid the removal), then his next option is to appeal in court, or to
apply from U.K. and elminate the adjustment step. In that case, he
needs a waiver to overcome the inadmissibility.
--
Apparently you misunderstood. The adjustment I am taking about is
his pending one (when he eventually files a new petition with his
second wife).
If he gets denied of his second adjustment attempt in U.S. (which has a
significant probability as K visa+denial of AOS+second attempt at AOS
with a different partner automatically triggers a suspicion of marriage
to avoid the removal), then his next option is to appeal in court, or to
apply from U.K. and elminate the adjustment step. In that case, he
needs a waiver to overcome the inadmissibility.
--
Last edited by Rete; May 16th 2007 at 12:58 pm. Reason: SNIPPED THE LONG QUOTED TEXT
May 15th 2007, 9:19 pm
#20
Guest
Posts: n/a
Re: Need help urgently
>
> 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.
Idealy, the approval processes would go much smoother with both of
them stay together and married. That is not a necessary condition.
There are cases where the applicant got approved while separated or
divorced. It all depends on the circumstances.
> 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.
Idealy, the approval processes would go much smoother with both of
them stay together and married. That is not a necessary condition.
There are cases where the applicant got approved while separated or
divorced. It all depends on the circumstances.
May 16th 2007, 2:49 am
#22
Guest
Posts: n/a
Re: Need help urgently
On May 15, 12:44 pm, Templar <[email protected]> wrote:
> 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.
I'm used to being treated as if I'm doing something to gain something
else, so this is how I'd answer this...
She's pregnant, so I married her to support her and the baby.
There's nothing suspicious about marrying someone who's already
pregnant with your child, and couples have gotten together after not
spending much time together at all for this one reason (sometimes it's
only been a couple of months). It doesn't always work out, but it's
pretty normal among citizens of the same country, so I don't see why
his reasons for being married are much different. Unless of course,
it's obvious that's not what happened and the timeline is too whacky.
The thing is, the applicant has to prove the marriage is bona-fide,
and the way I see it, you don't usually have children with people you
are just pretending to be married to, just to put on a good show.
S.
> 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.
I'm used to being treated as if I'm doing something to gain something
else, so this is how I'd answer this...
She's pregnant, so I married her to support her and the baby.
There's nothing suspicious about marrying someone who's already
pregnant with your child, and couples have gotten together after not
spending much time together at all for this one reason (sometimes it's
only been a couple of months). It doesn't always work out, but it's
pretty normal among citizens of the same country, so I don't see why
his reasons for being married are much different. Unless of course,
it's obvious that's not what happened and the timeline is too whacky.
The thing is, the applicant has to prove the marriage is bona-fide,
and the way I see it, you don't usually have children with people you
are just pretending to be married to, just to put on a good show.
S.
May 16th 2007, 6:28 am
#23
Guest
Posts: n/a
Re: Need help urgently
On May 16, 7:22 am, ian-mstm <[email protected]>
wrote:
> > > 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.
>
> > Idealy, the approval processes would go much smoother with both of
> > them stay together and married. That is not a necessary condition.
> > There are cases where the applicant got approved while separated or
> > divorced. It all depends on the circumstances.
>
> Would you please cite a single specific case where an application for
> AOS was approved while the couple was separated or divorced at the time
> of the intervew? Thanks.
>
> Ian
>
> --
> Posted viahttp://britishexpats.com
I stand corrected. My thought process at the time of replying was
referring to removal of Conditional GC holder. My apologies
wrote:
> > > 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.
>
> > Idealy, the approval processes would go much smoother with both of
> > them stay together and married. That is not a necessary condition.
> > There are cases where the applicant got approved while separated or
> > divorced. It all depends on the circumstances.
>
> Would you please cite a single specific case where an application for
> AOS was approved while the couple was separated or divorced at the time
> of the intervew? Thanks.
>
> Ian
>
> --
> Posted viahttp://britishexpats.com
I stand corrected. My thought process at the time of replying was
referring to removal of Conditional GC holder. My apologies
