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Divorce and Remarriage Prior with Denial of 485

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  • Divorce and Remarriage Prior with Denial of 485

    I have recently divorced my husband (USC) 2 weeks ago and this week plan to marry my boyfriend (USC). My 485 was denied due to abandonemnet with my 1st husband. I did not show up for the interview because the first scheduled interview I was ill and then I decided to divorce and remarry so i didn't show up. Wil this be a problem with my new filing with my new husband? The denial letter suggested I leave the country, what will happen since I am filing with my new husband before I leave the country? I don't plan on leaving. I would like o stay in teh U.S.

  • #2
    Did you by any chance enter the US on a K-1 visa sponsored by your first husband?
    Regards,
    S K Ghori
    skg@vex.net
    http://www.vex.net/~skg/

    **NOTE**
    I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

    **DISCLAIMER**
    I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

    Comment


    • #3
      Originally posted by FMR75 View Post
      The denial letter suggested I leave the country, what will happen since I am filing with my new husband before I leave the country? I don't plan on leaving. I would like o stay in teh U.S.
      a deportation order might be issued and that might hinder your ability to apply for AOS.

      Comment


      • #4
        No, I did not enter on k1, I was a visitor. Is that okaY? they wouldn't issue a deport notice because I am going to marry soon.

        Comment


        • #5
          I don't think your impending marriage will stop a deportation order if USCIS wants to issue one.
          Regards,
          S K Ghori
          skg@vex.net
          http://www.vex.net/~skg/

          **NOTE**
          I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

          **DISCLAIMER**
          I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

          Comment


          • #6
            Okay....

            Hi:

            I wouldn't want to be in your seat, you are going to be screwed by USCIS. First of all. how long were you a visitor? Secondly, how long was your marriage to your first husband?

            I would be willing to share ideas based on your responses...
            Disclaimer: Spend couple of semesters at Columbia Law School, but this is not a legal advice, though may include a legal jargon.

            So, consult a competent (NOTE: COMPETENT) immigration attorney (ONE REGISTERED WITH A BAR), not a drinking bar, but a law bar...

            Comment


            • #7
              I don't see why they would want to deport me only for a divorce. It happens alot. I was here for 6months visa. our marriage was one yesr then we sepaeated for 18months and now the divorce is final. Hoepfully everything will go well because I am very ahppy with new boyfirend.

              Comment


              • #8
                U are screwed....

                Originally posted by FMR75 View Post
                I don't see why they would want to deport me only for a divorce. It happens alot. I was here for 6months visa. our marriage was one yesr then we sepaeated for 18months and now the divorce is final. Hoepfully everything will go well because I am very ahppy with new boyfirend.

                FMR75,

                USCIS deports people because they violated the law which governs immigration laws in the US. First of all, your initial intentions for a request for a visa were misleading, because you married your boyfriend after the end of the 6 month in the US. If you knew your ex-husband before you requested a visa, and you circumvented the process, then you procured your initial visa through fraudalent means.

                I am concerned by your need to divorce and marry someone a week after your divorce, what a woman? You do have a heart for big things. USCIS has probably issued a deportation order against you, your marriage to your boyfriend next week is not going to end the deportation proceedings by USCIS. USCIS is going view your new marriage as an attempt to evade immigration laws, and they have enough proof to nail your butt agains the wall...... Just a sample of what USCIS is going to claim in their denial and deportation of you: You came as a visitor, married your boyfriend and divorced him, next week you are going to marry your new boyfriend, and after a week you are going to file for your immigration status. USCIS couldn't have an easier case than the one you will be presenting to them....

                USCIS won't deport you for any divorce, but for breaking immigration laws...
                Disclaimer: Spend couple of semesters at Columbia Law School, but this is not a legal advice, though may include a legal jargon.

                So, consult a competent (NOTE: COMPETENT) immigration attorney (ONE REGISTERED WITH A BAR), not a drinking bar, but a law bar...

                Comment


                • #9
                  I met my first husband while here through a firend. Thanks for your suggestions and thoughts. I don't think the USCIS has the time to deport for reasons of divorce.

                  Comment


                  • #10
                    good luck

                    Comment


                    • #11
                      Get married and be deported...

                      Originally posted by FMR75 View Post
                      I met my first husband while here through a firend. Thanks for your suggestions and thoughts. I don't think the USCIS has the time to deport for reasons of divorce.
                      FMR

                      You are going to learn that USCIS has a lot of time to deport people who break immigration laws. For now, be in denial...but once the envelope comes with sad news of your need to appear before an ALMIGHTY Immigration Judge, then you will know who rules....

                      For now, it appears as if you are on solid ground, but not for long... You can be under the illusion that this is a small matter, USCIS is going to overlook it. It is possible that they have processed your deportation order, because if you moved from your previous address without notifying them, then there is a high probability that you are now in deportation proceedings...

                      As NJ said... good luck and good night...
                      Disclaimer: Spend couple of semesters at Columbia Law School, but this is not a legal advice, though may include a legal jargon.

                      So, consult a competent (NOTE: COMPETENT) immigration attorney (ONE REGISTERED WITH A BAR), not a drinking bar, but a law bar...

                      Comment


                      • #12
                        Thanks again for all your thoughts and wishes. But from what i have seena nd heard about the USCIS, unless I have robbed a bank or something like that, they don't have the time to deport me or anyone else with such simple things as divorce. Besides I'll marry long before they issue a notice for me. Or if they should in time send me a letter, I can appeal for another 50 years. Al, I'll be here as long as you.

                        Comment


                        • #13
                          Of course they bother

                          deporting based on divorce - thats the whole point of the system!

                          You applied for a GC based on a marriage that no longer exists and didn't even get the GC. Therefore you have no right being in the country. Divorce = = no GC = no stay!
                          DO - Denver

                          01/16/07 - Filed at MSC
                          01/19/07 - Receipt Date
                          01/23/07 - Received NoA
                          01/23/07 - Checks Cashed
                          01/30/07 - Received AoS Interview letter
                          02/14/07 - Biometric Appointment
                          03/21/07 - AoS Interview - Approved
                          03/23/07 - Welcome notice sent
                          03/26/07 - Card production notice sent
                          03/27/07 - Welcome notice in mail
                          04/06/07 - GC arrived in mail

                          Comment


                          • #14
                            The USCIS is very helpful and understand with second marriages. I guess they could care less who you marry, as long as you marry a USC. I am now married to my second husband. And the USCIS NEVER sent any additional information regarding my 485 denial notice. I was right that they are too busy to deport for reasons of divorce!

                            Popple -- You are wrong,
                            Divorce = REMARRIAGE = EAD = GREENCARD

                            Comment


                            • #15
                              And the USCIS NEVER sent any additional information regarding my 485 denial notice.
                              you are sooooo naive.... the notice may have gotten lost, or not issued even though logged in the system. But good luck anyway!

                              Comment


                              • #16
                                Yes, one would think -- I was worried. But actually, since I married sooner than the notice was processed I don't have to worry. My lawyer told me so. Anyway, Lucy, I don't think you understand teh system very well, or you think the USCIS is big and bad, but actually, the US system doesn't deport for such simple things. They actually overlook it all. And everyone knows it is the easiest system to work with.

                                Comment


                                • #17
                                  And everyone knows it is the easiest system to work with.
                                  oh, you make me laugh....

                                  But actually, since I married sooner than the notice was processed I don't have to worry. My lawyer told me so.
                                  it's nice and easy to believe everything your lawyer tells you. However, not all lawyers are created equal, and some of them give advice that give you goosebumps.

                                  I do understand the system somewhat, although I don't claim to be an expert. I also do not blindly follow the lawyer's advice, especially since some of them tell you what you want to hear in order to get more money out of you.

                                  If I were you I'd try to find out whether a deportation order has been issued for you, since you'd rather believe that USCIS is very understanding (I believe that they may just be slow sending out notices about it, and have no idea you remarried). If not - go ahead with AOS and good luck.

                                  Have you ever been deported from the United States, or removed from the United States at government expense, excludedwithin the past year, or are you now in exclusion, deportation, removal or recission proceedings?

                                  Comment


                                  • #18
                                    Lucy, of course I am not in removal proceedings. I married two weeks after my divorce. I was way too quick. No need to check. Re the USCIS: They aren't that quick and one hand doesn't know or care what the other is doing. THey simply don't have the time or resources. My lawyer even said tehy won't process ANY removal against me. They are very understanding of divorce, it's not a big deal. They are more concerned with people enter illegally.

                                    Also, my lawyer is highly credible. He has only charged $500 to file the papers! And he'll only charge $500 for the interview!

                                    It couldn't be easier!!

                                    Comment


                                    • #19
                                      Originally posted by FMR75 View Post
                                      Lucy, of course I am not in removal proceedings. I married two weeks after my divorce. I was way too quick. No need to check.
                                      Your divorce and subsequent remarriage had zero impact on your immigration status. How many days elapsed between the denial of your first I-485, and your filing of the second one?

                                      They are very understanding of divorce, it's not a big deal. They are more concerned with people enter illegally.
                                      You may be surprised. While I don't share most posters' prophecies of doom, I also agree with Lucy that you are fare more optimistic than is prudent, and you seem to have convinced yourself that you know everything about USCIS and what it focuses on. I've been doing this for a decade and I'm still learning. Personally, I think the most significant question at the next interview will be to prove the bona-fides of the marriage.

                                      Also, my lawyer is highly credible. He has only charged $500 to file the papers! And he'll only charge $500 for the interview!
                                      Out of curiosity, how does a lawyer's billing rate affect his or her credibility one way or another?
                                      ------------------------------------
                                      IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

                                      PD: 9/12/2000 (EB3/VA/RIR/Canada)
                                      I-140 RD: 12/22/2000
                                      I-140 AD: 7/16/2001
                                      RD: 8/28/2001
                                      ND: 10/26/2001
                                      FP1: 1/31/2002
                                      RFE: 8/2/2002
                                      RFE RD: 8/28/2002
                                      TD: 10/22/2002
                                      FP2: 6/19/2004
                                      ID: 07/15/2004
                                      AD: 07/15/2004
                                      CO: 08/18/2004
                                      CR: 08/23/2004
                                      N-400 RD: 05/21/2009
                                      FP: 06/13/2009
                                      CFR: 08/05/2009
                                      IL: 08/21/09
                                      ID: 10/7/09
                                      USC: 10/8/09

                                      Comment


                                      • #20
                                        EXACTLY! Thanks, Real C. You are right, the only thing the uscis cares about at this point is that I am married and it is real not fictious. i am 100% confident I can with stand any interview. Therefore, I am 100% confident I will be a greencard holder within a few months and able to get on with my life, work and family in teh US with my new husband!

                                        You have a point with the credibility of my lawyer and the rates. There is not comparison. I guess I was thinking if he isn't robbing me with the rates, he'll be honest.

                                        Comment

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