1st App Got Denied, now will apply one more time

N

needhelpplease

New Member
hi:
I need help from this forum. My first i 485 was submitted in NYC 8 Aug. 2002, and due to family problems we had to diworce and my wife wasn't even able to come to interview.
Then I took the case to a lawyer, he tried to prevent it from being denied, but i received a 2 white page letter from INS that clearly says "Therefore your app for adjustment of status must be and hereby denied".
Then i faxed it to lawyer and he said they made a mistake bla bla bla. Last time i asked him he said they were holding it until i finish my masters program here, then they would let me get a voluntary departure from US .
now i have a few questions.
1- Does anybody have an idea about the final status of my aplication ?(which i think denied)
2-I will marry to my girlfriend who lives in Dallas, TX. Lets say my previous app. is really denied, will INS bother me too much about this or they won't even let me apply one more time or what? I am so confused.
3-Having sworn statement for bonafide marriage and affidavit of support from my girlfriend mostly resolves the issue if they let me apply?

I need urgent help , anybody has experience , applied and got denied like me please share your experiences and ideas.
Thanx
 
your first application is really denied, because if you divorce before the AOS interview, you cannot get adjusted - there is no basis for adjustment. You are now in the US illegally, most likely.

Get married, make sure you adjust in Dallas, TX, they may still be running that pilot program "GC in under 3 months". And you may want to get a GOOD lawyer.
 
Lucy is right.

Application from 2002 is 100% dead

Even you get a master you probable still can not apply because you are now without or illegal status.


If you live the country the 10 year bar will apply to you.


Find another Lawyer.


You may marriy your girlfriend but you will have to give some big time explanations to the immigration officer about you past 2002 application,

Hire a good lawyer

Good Luck
 
i wanted to divorce

but it was going nowhere and i wanted to divorce, r u saying i should have stayed married to her? i spent 2 weeks to just have her signed the divorce papers. do yo think i i can't get it even i go to immigration judge or what?
how about lottery? if i win do i have to go back home to apply? if i go, i will be subject to 10 yr ban. is gc lottery exempt or what?
 
About the Lottery

You can apply but the big probable is that since you are here out of the status you will not be able to apply fo Adjusment of Status. They will send you a letter said that you won but will no denied you application for Adjustment of Status.

If you go back to your country you will be bar for 10 years.


About the marriage and Divorced.

You have to remember that when you apply you not the person with the power to give you a visa.

You were the person that was "sponsor" by a US Citizen.

Ones the citiizen is out of the picture you have no Sponsor.

If you have no sponsor you have no case.

Again you may be able to apply with your new girlfriend(the new US Citizen Sponsor) but is hard for anybody here to know the final result.

If you are marrying for the right reason i presume you will be fine.

Again,make sure you provide a strong case to the immigration officer using all documents that will prove that you new marriage is for real and the last one was something without a furture.

good luck
 
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