I-130-married -adjustment of status....??

S

shwetathakur

Registered Users (C)
:confused:
:confused:

b4 i start writing anything,..i wud like 2thank atonz ..if any of yu cud help me by answering this question...my father has gc and filled for me as as a son/daughter over 21 ...and in the mean time i also got married..

1. am i eligible for adjust ment of status..?
2.probably the answer 4 1st quest wud be no...so wat if i get a divorce and then file for adjustment of status...?
3. if i be able to file for adjustment of status after divorce will i be able to carry my prior date forward..?
4. will i then be eligible for ead...after AOS..?....and will i be able to do a residency here in us( since i am a doctor)..with ead status..?
5. watz the best option for me.......without taking into consideration that i am a doctor...of getting staus adjusted and being able to work here legally..?

plz advice...:confused:

thanks
 
1) no, his petition for you is now void/canceled/invalid because you got married.
2) no. what kind of question is this? is a gc more important that your marriage?! :mad:
3) no.
4) EAD is available DURING aos.
5) under what status are you in the USA right now? your best option is to have your dad become a citizen and re-file for you AND YOUR WIFE, you MAY be able to retain the old PD and in several years you will obtain a GC. You can only AOS if you entered legally into the country and have maintained status.
 
thanks a lot!

its a divorce just on papers as we did county marriage in us..i too much love my wife! will my case continue as unmarried then?
also m on B1/B2 and i havent overstayed ever..so can i adjust my status and how much time does it take for the processing of both AOS and EAD?

thank u sooo much
 
shwetathakur said:
thanks a lot!

its a divorce just on papers
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That clearly constitutes immigration fraud.

Unfortunately - once you got married, your previous petition became void. Whether you remain married or not, you can no longer file as being single. And since you can't file for AOS under the old petition, there is no EAD or AP either.
 
thanks!
so if i get divorced and my father after he becomes a us citizen files for me again ..wil it be an unmarried son above 21 or will i b considered married and divorced ?
and can i carry over my this priority date after my dad files a new one for me after he becomes a citizen?
 
Triple Citizen said:
You are willing to divorce your wife, whom you claim to love, just to get your GC earlier?
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I have the same question. The best thing for you to do is have your father file for citizenship and then file for you as a married son/daughter. Don't jeapordize your marriage if you love your wife. Also, it's fraud. WOw. I am shocked at this post.:confused:
 
1) submit divorce certificate with wife "jane doe"
2) get gc
3) file for my wife's gc with marriage certificate same "jane doe" which you divorced earlier...

fraud.
 
Hey shwetathakur, whats up with all the net-speak? Simple English is easier to understand, and doesn't leave the impression that you're only 13 years old.

Seriously though, what sort of a suggestion is it that you'd divorce your wife just to get a GC? :eek: Its not only morally wrong, but down right illegal.
 
thanks all but i think u all are getting too much serious about the divorce issue..u dont realise the circumstances we r going thru
but i got my reply that my father will have to file up for us again as he becomes a citizen..and dont worry u all i m stuck to my wife forever )))
so i cant file for AOS since my petition stands void now...am i right
thanks all
 
shwetathakur said:
thanks all but i think u all are getting too much serious about the divorce issue..u dont realise the circumstances we r going thru
but i got my reply that my father will have to file up for us again as he becomes a citizen..and dont worry u all i m stuck to my wife forever )))
so i cant file for AOS since my petition stands void now...am i right
thanks all
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We're not getting too serious about the the divorce - it's that you're NOT GETTING SERIOUS about the divorce. If you try and divorce for a GC, then re-marry her to get her GC, then USCIS will find out and take away your GC and ban you from the US. Do you understand?

You cannot do AOS right now since you no longer have a petition in your name.
 
TNguy78 said:
If you try and divorce for a GC, then re-marry her to get her GC, then USCIS will find out and take away your GC and ban you from the US. Do you understand?
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Actually, this is an interesting question - what exactly is a "bona fide" divorce? If he does not qualify for a GC because he's married and he divorces his wife but continues to cohabitate, I am unsure as to what fraud has been committed, provided that the early marriage and divorce are fully disclosed.
 
TheRealCanadian said:
Actually, this is an interesting question - what exactly is a "bona fide" divorce? If he does not qualify for a GC because he's married and he divorces his wife but continues to cohabitate, I am unsure as to what fraud has been committed, provided that the early marriage and divorce are fully disclosed.
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The part I was contesting was one of his original points/queries - which was to consider divorcing so that he could qualify as a single person, then marry the same person again after he got his GC and sponsor his spouse.

I would think that USCIS would consider this fraud - whether it's to marry for immigrant purposes or to divorce and re-marry for immigrant purposes. Maybe there is no such law against the divorcing for immigrant purposes, but remarrying the one you just divorced right after the GC sure sounds like fraud to me.

It was the comment about doing something "just on paper" for immigration that was pushing the envelope of fraud and I think we all just wanted him to be sure that USCIS could possibly consider this fraud and he needed to be careful about what he tried to do.
 
Have you looked into employment based immigration? I'm guessing a doctor would fall into EB-2 category and is eligible for H-1B? (Or is there perhaps a different EB category for doctors altogether?) This would also give you an employment option while waiting for your GC.

I'm hoping you're more serious when you practice your medical profession than when you're looking at immigration issues, and that your English sounds a little more professional when writing to your patients and colleages. :p
 
TNguy78 said:
The part I was contesting was one of his original points/queries - which was to consider divorcing so that he could qualify as a single person, then marry the same person again after he got his GC and sponsor his spouse.
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I'm still not sure what the problem is here. I don't consider it any different than someone cohabitating merely so that they weren't legally married.

Maybe there is no such law against the divorcing for immigrant purposes, but remarrying the one you just divorced right after the GC sure sounds like fraud to me.
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But if the marriage and divorce is fully disclosed, I fail to see what fraud is being perpetrated, any more than being engaged to someone but not legally married simply to preserve eligibility under an FB2 category.

Let me throw out a different example. Let's say I'm an alien who has a pending FB2B petition as the unmarried child of a PR, living and working in the US on an H-1. I am engaged to a GC holder, and my PD is just a few months away from being current so I don't want to start the clock over by marrying my fiancee. It's not fraud if we cohabitate and engage in a common law marriage relationship simply to preserve my immigration eligibility.

Marriage fraud is fraud for a reason - there are certain elements of a valid marriage that need to exist. Whereas being unmarried is quite different; there is no test to see if one is "genuinely" unmarried. One can clearly engage in all aspects of married life without being legally married.
 
Here's an intepretation from ilw.com:

Divorce tends to work the opposite way as marriage

The third preference beneficiary moves into the immediate relative category (if under 21) or the first preference (if over 21). Again, no need to file a new I-130. But if the second preference beneficiary divorces, he or she cannot regain the status of a 2A or 2B preference holder, since the I-130 was revoked. The LPR petitioner must file a new I-130 and cannot retain the earlier priority date. If the beneficiary obtains an annulment, however, that might serve to reinstate the second preference status. [...]

According to this, I'd have to agree with TheRealCanadian that no fraud is being committed by divorcing someone and later re-marrying them. Of course, since they would re-marry after the OP has received his GC, I don't believe his wife would have a derivative benefit but someone correct me if I'm wrong. She wouldn't be eligible to get a GC through the OP for 5-6 years. So while he can get a divorce to get his GC, his then-girlfriend would not get the same benefit she'd have if she were his wife at the time he receives his GC. I suppose if someone decides they want to sacrifice their marriage relationship this way to get a GC as an unmarried son or daughter, perhaps the US immigration laws are ok with that.
 
As I see it, the following will be true:

1. The original petition has become void at the time the OP married.
2. There may be a chance the original petition can become valid again if the marriage is annulled instead of divorced according to the ilw.com interpretation I posted.
3. If the OP divorces and his father files a new petition as an LPR or USC we'd need country specific information to determine what's faster.
4. If the OP divorces and his father files a new petition as a USC then the OP will be first instead of third preference, reducing the wait by 0-2 years depending on the country according to the current visa bulletin.
5. If the OP stays married, father files a USC petition, it may take a couple years longer but the OP's wife can get a GC at the same time.
6. If the OP divorces, father files a USC petition, and the OP remarries his girlfriend, he will then have to file a FB petition for her, and they may have to wait about 5 years to reunite, unless she can stay in the US based on a (dual status) nonimmigrant visa on her own while she waits for her PD to come current.
 
TheRealCanadian said:
I'm still not sure what the problem is here. I don't consider it any different than someone cohabitating merely so that they weren't legally married.
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How I consider this different is this: I think it's different to deliberately DO something just for immigration than it is to NOT DO something for immigration. I know there are a lot of gray areas in the law where there are times where not doing something can be just as "guilty" as actually doing something - but I would say that the act of doing something will always carry more weight or guilt than not doing something.

Purposely divorcing and remarrying the same person in order to obtain immigration benefits is as act of "Doing Something just for immigration", especially when it is something you would not have done without the immigration issue being present. Not getting married in the first place and simply cohabitating is an act of "Not doing something" - which in itself is not only hard to prove intent, it would also be hard to prove whether the two people would have done it this way or not if it were not for the immigration issues.

That's where I made the distinction - the act of doing something you wouldn't have done otherwise just for immigration could be considered fraud, where simply not doing something could be argued (more effectively) that it's just a personal choice.

Whew... now you know where I was coming from.

And now with all that said, I will still concede the point to TheRealCanadian and austriacus as it appears to be a loophole and not illegal.
 
I believe it is at least morally wrong. There are things more important out there than a GC... and marriage and its continuity is one of them.
 
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