Immigration horror
 

I wonder if anyone can help!

I came to American on a tourist visa in 1996 and I overstayed my visa. I married a US citizen in April 1998 and filed for my AOS in November of that same year... In January of 2001 we were called in for our interview... I didn't see the need for an attorney (madness!!) but I do now!! and we were seperated and asked independent questions... (My husband had taken a fantastic position in Japan (supposedly for 1 year but it turned out to be 3) shortly after we married and spent 3/4 of his time away from home... due to this we didn't file joint tax returns nor did we see the need for a joint bank account... I guess that was where the suspision came in)... Upon completion of the interview we were handed a list and asked to send in several items... we sent them in immediately.

We heard nothing and in January of this year I wrote to ask the status... I received a letter stating that a second interview would be requested and we should wait for the notice... In the meantime, my husband and I seperated and are in the process of divorce... I am engaged to be married to a US Citizen, shortly after my divorce is finalized... My problem being that I have just received the second request for this second interview (the first one my husband was unable to attend as he was out of the country) this one has the words... "final notice" stamped upon it!!

Am a little scared... don't know what to do, need some immediate advice.

Thank you in advance..

Re: Immigration horror
 

Hrmm... no offence, but I can see why the INS are suspicious. Its seldom that a newly married couple would accept separation for 3 years. Why didn't you go along with him to Japan if it was such a great job? Have you been working all along in a position you were reluctant to give up?

Another odd point is your neglect of the INS process for a YEAR between first interview and follow-up. Why didn't you call within a month? Ask about outcome?

I think its one of those situations where you need to get your own lawyer ASAP. Things could easily go from bad to worse. You have not yet been granted CPR status but are now divorcing. If you actually got through the next interview you would have been married 2 plus years and so would get your 10 year green card and have no problem with divorce / and or remarriage.

But I think that is a very big IF.

A lawyer will be able to help advise you of the kind of evidence that will be required to show the validity of your marriage and it will be up to you and your almost-ex to see if you are able to provide it.

Shannon

Re: Immigration horror
 

Thanks Shannon for your help... I knew that my husband was going to Japan for one year before I married him... the money was great and we thought it would be perfect to go towards a great downpayment for a house... I had no clue he would be gone for 3 years and certainly wouldn't have agreed to it at that point if it had been suggested at that time... I was unable to travel so couldn't join him over there... he spent 4 months of the year here for the first two years and then 6 months here for the last year!!! By the time he was back for good it was too little too late!!

Re: Immigration horror
 

Shannon wrote:

    > A lawyer will be able to help advise you of the kind of evidence that will be
    > required to show the validity of your marriage and it will be up to you and your
    > almost-ex to see if you are able to provide it.

If she is separated and engaged to someone else. It doesn't matter how valid the
first marriage is, I don't think she can adjust status based on the current
state of her marriage. I agree that if she wants to stay in the US, she should
hire an attorney.

Re: Immigration horror
 

    > In the meantime, my husband and I seperated and are in the process of divorce... I
    > am engaged to be married to a US Citizen, shortly after my divorce is finalized...
    > My problem being that I have just received the second request for this second
    > interview (the first one my husband was unable to attend as he was out of the
    > country) this one has the words... "final notice" stamped upon it!!
    > Am a little scared... don't know what to do, need some immediate advice.

I don't know what to tell you; in fact, I'm a bit perplexed how this first marriage
was not a marriage of convenience! You can't adjust status based on that sort of
marriage. Furthermore, if they make that determination (and they haven't quite yet
it seems, very patient of them!), I doubt they'll ever allow you to adjust status
based on any marriage since you are a known marriage fraud offender.

I think it would be better if you adjust status based on your upcoming second
marriage rather than attempt to continue pursuing adjustment based on your first
marriage. That would mean abandoning your pending adjustment and/or having your
current husband abandon his pending petition. You go out of status at that point and
become subject to removal. I'd imagine they are certainly ready to prosecute as soon
as they can terminate your current pending adjustment application.

How does the timing of your divorce and new marriage work out? Ideally, you should
get divorced and re-married before this "second" interview, submit a letter
withdrawing your adjustment application (or just fail to appear), and file a new
I-130/I-485 based on the new marriage within 30 days of the abandonment. Failure to
appear at the appointment also constitutes statutory abandonment of an application,
without prejudice to re-filing.

You would be wise to consult an attorney. And you would also be wise to avoid a
marriage of convenience if that's what your first marriage was!


CP

Re: Immigration horror
 

Thanks chris for the advice... My first marriage although entered a little more readily than it should have been, was a marriage of love, so I have no worries what immigration believe and have all the docs to back it up... I just can't continue with it in pretence that we are still together as we are not on best terms!

It was mad to start off a new marriage with my husband leaving the country after 2 months and him then extending his stay to 3 years just wiped us out...

So I don't know... my fiance is also British... as long as he and I are together, moving back to England is an option but we would like to stay here!!

I shall continue to file for divorce and respond to their request for second interview... hoping that I am not asked to leave the country before I am able to remarry!

Again, thanks so much... It doesn't look like an easy road ahead!!

Re: Immigration horror
 

brit wrote:

    > Thanks Shannon for your help... I knew that my husband was going to Japan for one
    > year before I married him... the money was great and we thought it would be perfect
    > to go towards a great downpayment for a house... I had no clue he would be gone for
    > 3 years and certainly wouldn't have agreed to it at that point if it had been
    > suggested at that time...

Still even 1 year is usually considered a long time for newlyweds to separate. You
did not address the question of why you didn't join him.

    > I was unable to travel so couldn't join him over there...

And why were you "unable to travel"? True you'd need Advanced Parol and the plan may
have been that you were going to take care of the home here in America, but you do
not specifically state any reason.

Re: Immigration horror
 

Hi Shannon...

My husband was based in Japan but would come back every two months for a month, he wasn't there straight through, I would have gone mental! That was for the first two years, the third year he spent even more time here.

I was unable to travel as I had over stayed my visa which disallows you to apply for parole!!

Re: Immigration horror
 

Is your new fiance a US citizen? I am just curious.

Re: Immigration horror
 

Yes he is!

Re: Immigration horror
 

    > Thanks chris for the advice... My first marriage although entered a little more
    > readily than it should have been, was a marriage of love, so I have no worries what
    > immigration believe and have all the docs to back it up... I just can't continue
    > with it in pretence that we are still together as we are not on best terms!

Well, it still is a discretionary decision on there behalf. Despite documents, if
they feel the qualifying marriage is improper, they can still deny. I'm not as
optimistic as you are.

    > I shall continue to file for divorce and respond to their request for second
    > interview... hoping that I am not asked to leave the country before I am able to
    > remarry!
    > Again, thanks so much... It doesn't look like an easy road ahead!!

You should avoid entering into a new marriage while in removal proceedings. That,
most definitely, will make things much more difficult for you, because the marriage
itself can then be used as an additional ground of inadmissibility! Obtaining
adjustment of status as discretionary relief from removal will be much more difficult
if that happens!


CP