odd situation - divorce and remarriage

D

dnobttam

Registered Users (C)
My girlfriend is Russian and I'm a U.S. Citizen. We are both in the middle of getting divorces. She was applying for family based green-card via her husband (I-485). That was denied SOLELY because she filed before the priority date. The priority date became current while waiting for the denial letter.

She had a F-1 visa and just got her Optional Practical Training approved after completing her education. However, in the denial letter it says that they revoked this as well.

She was abused by her husband, so she is considering filing VAWA (any suggestions for doing this would be helpful). What are her options? Could she just file a motion to reopen since the priority date is now current (and how would we do that)? The denial said there is no appeal. Also, why would they revoke her OPT just because of the green-card application being denied? What does she need to do to get her OPT back?

Now for the odd part. I've proposed to her. Assuming the MTR or VAWA don't work, how could she stay here while getting a divorce so that we can marry? What visa's would she need during all the different stages of this process?

I know there are a lot of questions here, please answer all of them as they are all important to her and I. Thank you.
 
You are both committing adultery. This could be an issue in your divorces if your current spouses want to pursue that. Any planning you try to do based on your marriage to her is premature. Your divorces could take a l-o-n-g time. It sounds like the VAWA is part of a scam due to the other "issues" she has.

SHE needs to consult with an immigration attorney about her OPT situation; while she is there, she can review her other option.

Are you sure you are not just plan B for remaining in the US and will be divorce #2 once she gets LPR? Be careful; you may be VAWA candidate #2. A woman (or man) who would become involved prior to being divorced has a lot of potential problems hanging over her/his head.
 
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If you don't have sex, you can't commit adultery - so please leave your judgmental attitude out of it and just answer the questions or don't post.
 
Is her husband a US citizen? Since you mentioned her eligibility for VAWA, and since you mentioned she's applying for I485based on her husband, i'll assume he is.

For spouses of US citizens, there's no such thing as "priority dates". There's no waiting period for I-130's immigrant visa availability, thus the I485 and I130 are submitted together ONLY when married to a USC. So, you might wanna know the real reason behind your girlfriend's I-485 denial. In most cases, it is denied because Immigration sensed fraud or the US citizen spouse withdrew his I-130 petition for her.

The OPT was revoked because it was based on F1, a non-immigrant status. Her application for a greencard (i-485) expressed immigrant intent. Thus, she's no longer eligible to go back and express non-immigrant intent, as it will be VERY difficult to convince immigration that she'll leave anytime soon.

She will not be eligible for VAWA if she's been out of status for more than 6 months. If she's eligible for VAWA, this requires petition I-360. But she must supply very, very good evidence of abuse (immigration calls VAWA as "to use the abuse excuse") because what may seem as abuse for her may not seem so for immigration.

If you decide to sponsor her, obviously she'll need to apply from scratch for adjustment of status. I can almost guarantee you and your wife will be GRILLED during the interview, especially for the these reasons;
1. She's a russian national (they have a long history of marriage fraud cases)
2. She tried to apply for a green card when her F1 status was almost over (OPT and such)
3 She previously tried to apply for a greencard through someone (whom I presume, and I hope I'm wrong) accused her of immigration fraud, consequently leading for her I-485 to be denied
4. She's getting married to ANOTHER USC (you, that is) right after her 1st green card application was denied. It's just gonna seem she's trying as much as possible to stay in the US.

Do you see why my friend "Concerned4us" came to such judgement about your girlfriend's intention? Trust me, we come across ALOT of cases similar to yours on this forum as well as others, so this is only for your own sake. However, I thoroughly went through the options that you proposed and I hope this helps you. Please keep in mind that none of us are immigration attorneys, so act accordingly.
 
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Thank you for the answers. Let me clear up some confusion. She is currently married to a Russian with a green card. She's called the police for the abuse in the past. She tried to go to shelters as well, but they weren't immigrant friendly (they told her to move back to Russian instead of actually giving her help). He's been in jail 3 times as well for alcohol abuse as well, so, at least under our state laws, has committed the divorceable offense of abandonment as well as cruelty. She started the green card process years ago, but it's just now gotten to were she can do something about it because of the backlog and wait times. It just so happens that she is also about to graduate (at end of Fall 2010 semester) at the same time. And I've seen the documents from the USCIS and read them in full, so I know why they gave the denial. Thank you for the warning about the grilling as well. I've heard they never go smoothly.

The only thing I'm still wondering is what status does she need after we are married to stay before she can get her green card if VAWA and F1/OPT don't work/apply?
 
Yeah, this is one of the complicated situations that you better have lawyer to handle it. The fact that she remarries right after the divorce may raise the red flag (eg. she tries too hard to get green card, she cheated on her first marriage etc.)
 
I'm kind of on the same boat

I've been married for almost 4 years and just became a US citizen thru my marriage to a US citizen, lately my marriage fell apart and i'm going thru divorce, i've been knowing this girl as a friend for 3 months before i filed for divorce, she recently came from Germany, on a visa waiver program to see me and some other friends, we fell in love and considering to marry her right after my divorce is final. would there be any risks for her adjustment of status being denied??? and what should we look out for?
 
yatl said:
I've been married for almost 4 years and just became a US citizen thru my marriage to a US citizen, lately my marriage fell apart and i'm going thru divorce, i've been knowing this girl as a friend for 3 months before i filed for divorce, she recently came from Germany, on a visa waiver program to see me and some other friends, we fell in love and considering to marry her right after my divorce is final. would there be any risks for her adjustment of status being denied??? and what should we look out for?
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Hi,

Just go ahead and marry her as soon as your divorce is final, but be prepared for hell...lol!! How do plan to sponsor her for a green card?
 
dnobttam said:
Thank you for the answers. Let me clear up some confusion. She is currently married to a Russian with a green card. She's called the police for the abuse in the past. She tried to go to shelters as well, but they weren't immigrant friendly (they told her to move back to Russian instead of actually giving her help). He's been in jail 3 times as well for alcohol abuse as well, so, at least under our state laws, has committed the divorceable offense of abandonment as well as cruelty. She started the green card process years ago, but it's just now gotten to were she can do something about it because of the backlog and wait times. It just so happens that she is also about to graduate (at end of Fall 2010 semester) at the same time. And I've seen the documents from the USCIS and read them in full, so I know why they gave the denial. Thank you for the warning about the grilling as well. I've heard they never go smoothly.

The only thing I'm still wondering is what status does she need after we are married to stay before she can get her green card if VAWA and F1/OPT don't work/apply?
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You should prepare for a mini-war with USCIS in the near future, especially if you intend to keep the Russian hottie as your future-wife. As other have indicated, especially OKALIAN ( re-read his/her post 50 times), you are risking a huge explosion in your pants. Let me give you the crux of the matter, she is out of status because all her visas were canceled the moment she filed for a green card. She can't file for a VAWA because USCIS as made a determination that she was ineligible for I-485 (lack of visa number, abusing spouse a LPR). You will marry her and USCIS is going to grill you like a salmon. The chances of your petition for a green card for this Russian hottie are non-existent...

I don't expect you to see things the way we do on this forum, because your judgment is severely impaired by sex. Unfortunately, the chances of you not getting some for years if this woman was send back to Russia is affecting your thinking cap. Do whatever pleases you, but USCIS will truimph...
 
dnobttam said:
The only thing I'm still wondering is what status does she need after we are married to stay before she can get her green card if VAWA and F1/OPT don't work/apply?
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From what I gather if she has a properly filed AOS for a greencard then her status is pending in the sense that she isn't out of status. I'd say the first thing to do is to get her divorce expedited and finalized so that there are no bars to marriage between you and her. There's a dozen other things to do but this is important.
 
praxx said:
From what I gather if she has a properly filed AOS for a greencard then her status is pending in the sense that she isn't out of status. I'd say the first thing to do is to get her divorce expedited and finalized so that there are no bars to marriage between you and her. There's a dozen other things to do but this is important.
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Praxx,

You missed the boat on the OP case, his girlfriend (Russian hottie) was married to another Russian guy (she filed for a green card and spouse was LPR. She filed the I-485 while there was no basis for its filing, the priority date wasn't current. It was rejected by USCIS or rather denied. There is no basis for expedited divorce to salvage her future green card petition. She is already in trouble because she has no visa status in the US, once she filed for a green card, immigration intend is absolutely clear.

The OP is going to have problems with filing for a green card for her, she is Russian (high fraud rates from Russian immigrants), plus USCIS is going to see the marriage as a way to circumvent immigration laws of the US. In short, unless they are prepared for a battle with USCIS, it might be a good idea to invest in a lawyer.
 
yatl said:
I've been married for almost 4 years and just became a US citizen thru my marriage to a US citizen, lately my marriage fell apart and i'm going thru divorce, i've been knowing this girl as a friend for 3 months before i filed for divorce, she recently came from Germany, on a visa waiver program to see me and some other friends, we fell in love and considering to marry her right after my divorce is final. would there be any risks for her adjustment of status being denied??? and what should we look out for?
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You have two major hurdles:

1. You must wait 5 years after your marriage-based green card was approved before you can sponsor a new immigrant spouse.

2. A recent court ruling gave USCIS the unappealable authority to deny adjustment of status for Immediate Relatives who entered with the visa waiver program and filed for AOS after expiration of their 90-day authorized stay. Obviously you can't finalize your divorce, get married, and file the AOS paperwork before the end of her 90 days. So she'll need to leave the US and wait for consular processing.
 
Al Southner said:
Praxx,

You missed the boat on the OP case, his girlfriend (Russian hottie) was married to another Russian guy (she filed for a green card and spouse was LPR. She filed the I-485 while there was no basis for its filing, the priority date wasn't current. It was rejected by USCIS or rather denied. There is no basis for expedited divorce to salvage her future green card petition. She is already in trouble because she has no visa status in the US, once she filed for a green card, immigration intend is absolutely clear.

The OP is going to have problems with filing for a green card for her, she is Russian (high fraud rates from Russian immigrants), plus USCIS is going to see the marriage as a way to circumvent immigration laws of the US. In short, unless they are prepared for a battle with USCIS, it might be a good idea to invest in a lawyer.
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He's already preparing himself to battle with the USCIS for the next 3 to 5 years. I'm sure he'll be more than willing to also invest tens of thousands in legal help. That's not the issue. From what I gather he is just making a preliminary battle plan which is why he's posting here and in my opinion the sooner she gets that divorce the better because most likely she will have to apply for different types of relief unless not denied by statute and one of those forms of relief, the battered spouse protection, will not only give her pending status but also expunge her married status. She has zero legal use for her married status while OP can obviously appreciate her better under single status.
 
praxx said:
He's already preparing himself to battle with the USCIS for the next 3 to 5 years. I'm sure he'll be more than willing to also invest tens of thousands in legal help. That's not the issue. From what I gather he is just making a preliminary battle plan which is why he's posting here and in my opinion the sooner she gets that divorce the better because most likely she will have to apply for different types of relief unless not denied by statute and one of those forms of relief, the battered spouse protection, will not only give her pending status but also expunge her married status. She has zero legal use for her married status while OP can obviously appreciate her better under single status.
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Praxx,

I see your point now. However, let me correct something in your post. There is NO LAW on the books of USCIS as far as I am aware, in which she can claim to be a battered woman, without any proof of police statement and hospital records, and be given a pending immigration status. Moreover, I can't see the value of an expedited divorce (a civil matter vs administrative-USCIS). You are contradicting yourself "will not only give her pending status but also expunge her married status"....if this was possible, she can't claim an immigration benefits from a marriage that never existed or existed but was sealed by a court of law. He can draw preliminary plans, but he should be prepared to bring the Humvee with a gunship on top of it, USCIS is going to present the greatest challenge of his young relationship.
 
Will they next tackle immediate relatives that file for AOS after their B-2 based I-94s expire?

Jackolantern said:
2. A recent court ruling gave USCIS the unappealable authority to deny adjustment of status for Immediate Relatives who entered with the visa waiver program and filed for AOS after expiration of their 90-day authorized stay.
Click to expand...
 
Triple Citizen said:
Will they next tackle immediate relatives that file for AOS after their B-2 based I-94s expire?
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I don't think so, unless they change the law to do that. The visa waiver program has a requirement that the individuals must waive certain rights as a condition for being granted entry without a visa, and the court decision was based on that. B-2 visas don't have that restriction.
 
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