Complex situation needs clarification please.

[nan0man]

To anyone that has experience and the time to help me out....here is my situation: QUESTIONS ARE IN GREEN.

1997-entered USA from UK with 1yr visa.
1998-Married US citizen, made AOS application.
1998-Had a child with wife.
Never made it to the first interview as we split up and separated but did get a SS# and work authorization card.
1999-Moved from Texas to Georgia.

*Have not paid Child support as ex wife says child is not mine, I contest paternity, (but have not done so officially).

1999-Met my now wife
2007-Got Divorce papers from previous wife.
2009-Got married to my present wife.

I am now needing to get my immigration situation sorted out,(as cost efficiently as possible),
I understand I need to re-apply for AOS with my new wife but I want to make sure there isn't anything that may pose a problem to me such as the child support or my extended overstay/out of status situation.

ALSO, where would be the nearest place for me to file, i live very near to Jacksonville FL?

I was also diagnosed with 'Hep C' last year, will this be a problem when it comes to my medical?

I also remember from my last application there was a point where i needed my cousin who lives in the states to vouch for me financially, will i need something similar this time as I have not filed tax returns for about 4 yrs.?

Specifically, which forms will I be needing to submit?


Thanks to anyone who takes the time to help me out, i really appreciate it.

 

[Jackolantern]

*Have not paid Child support as ex wife says child is not mine, I contest paternity, (but have not done so officially).

You contested paternity with what intention? To assert the child is yours, or to assert the child is NOT yours? Are you saying your wife and you both agree the child is not yours? What do the divorce papers say about your child support obligations?

 

[wtnginatl]

before you do anything make sure that you were not given a deportation order in absentia for not showing up on your first interview.

 

[Al Southner]

UKman,

I think you should thread carefully here. You have accrued unlawful stay in the US and possibly might have a deportation order against you which will create a doozy during your new filing. In my view, your filing for OAS again with a new wife is likely to raise suspicions from USCIS that you are in this for the greencard. Why? You filed in 1998 and never got the GC, but work authorization which gives me the inclination that it is still being used by you. Moreover, instead of returning to the UK, decided to abscond and remain in the country illegally, remarried in 2009 and now seeking to file again...

I know you want an efficient and less costly filing, would recommend a good lawyer specializing in immigration law. It will be costly, but will help with proper analysis of your case and probabe course of action. Free advice can be expensive too, wrong information and lot of hits and misses... If the child isn't yours, why didn't you do a DNA test during the divorce proceedings so that the family court can make a final ruling on the issues? If there is a child support order against you and you aren't paying a.k.a deadbeat, that situation will need to be remedied. In somes states, failure to pay child support creates arrest warrant..

 

[nan0man]

You contested paternity with what intention? To assert the child is yours, or to assert the child is NOT yours? Are you saying your wife and you both agree the child is not yours? What do the divorce papers say about your child support obligations?

She has told me the child is not mine and then said she is, depending on what works for her at the time. We split mainly due to her infidelity so It wouldn't surprise me. The divorce papers had a child support order in them, which I have not paid.

before you do anything make sure that you were not given a deportation order in absentia for not showing up on your first interview.

How would I find this out without doing further harm?

UKman,

I think you should thread carefully here. You have accrued unlawful stay in the US and possibly might have a deportation order against you which will create a doozy during your new filing. In my view, your filing for OAS again with a new wife is likely to raise suspicions from USCIS that you are in this for the greencard. Why? You filed in 1998 and never got the GC, but work authorization which gives me the inclination that it is still being used by you. Moreover, instead of returning to the UK, decided to abscond and remain in the country illegally, remarried in 2009 and now seeking to file again...

I know you want an efficient and less costly filing, would recommend a good lawyer specializing in immigration law. It will be costly, but will help with proper analysis of your case and probabe course of action. Free advice can be expensive too, wrong information and lot of hits and misses... If the child isn't yours, why didn't you do a DNA test during the divorce proceedings so that the family court can make a final ruling on the issues? If there is a child support order against you and you aren't paying a.k.a deadbeat, that situation will need to be remedied. In somes states, failure to pay child support creates arrest warrant..

I can tell you just for information sakes that I am entirely legitimately married. We have lived together for 9 or so years, bought a house, cars etc together.
So what impact will an accruance of unlawful stay have on my case? I was told BY an Immigration attorney that its something they will forgive since i initially entered legally. Is he wrong?

Thanks everyone for your help so far, I contacted child support today and im getting that sorted out best i can. I admit i have let this go unchecked for a long time, i can only hope Its not too late to rectify.

please keep the info coming...

 

[JFK12]

I dont see much of a problems here. wife was cheating and had other child -- thats a proof of her entering marriage in not good faith. he overstayed but thats being pardoned nowadays. he is married to his new wife. you wont have much trouble if 1) you marriage is real and cristal clear CRISTAL means you gus produce every possible crap together joint bona fide documents since days #1 knowing each other. you take a good attorney to first interview and put attorney on your file ASAP so DAO wont pull any crazy sh**it with you. you divorce cause your wife cheated. at this point all this years later, it does not even matter whether that relationship was created to envade immigration law or not. it will be all about your current marriage. make sure your current wife know everything about your previous wife so DAO wont try to show you lied to your current wife and entered married not in good faith. DAO and USCIS will be furios about your situation, but at the end not much they can do.

 

[Jackolantern]

The divorce papers had a child support order in them, which I have not paid.

Then you need to pay all the money that's due, or challenge it to prove the child is not yours (although that won't necessarily free you of having to make back payments, depending on the state laws).

So what impact will an accruance of unlawful stay have on my case? I was told BY an Immigration attorney that its something they will forgive since i initially entered legally. Is he wrong?

Yes, if you overstay, it is normally forgiven if you entered legally and file for a green card based on marriage to a US citizen and follow the GC process to completion without leaving the US until the GC is approved. However, that does not apply if you already were ordered to be deported. If there is an open deportation order out there for you, you have to get it cancelled or you are still deportable even if you apply for a green card based on marriage to a USC.

 

[nan0man]

Yes, if you overstay, it is normally forgiven if you entered legally and file for a green card based on marriage to a US citizen and follow the GC process to completion without leaving the US until the GC is approved. However, that does not apply if you already were ordered to be deported. If there is an open deportation order out there for you, you have to get it cancelled or you are still deportable even if you apply for a green card based on marriage to a USC.

So, how would i go about checking to see if i do have a deportation order and how do i go about getting it cancelled. I REALLY can't afford a lawyer.

Thanks.

 

[nan0man]

I dont see much of a problems here. wife was cheating and had other child -- thats a proof of her entering marriage in not good faith. he overstayed but thats being pardoned nowadays. he is married to his new wife. you wont have much trouble if 1) you marriage is real and cristal clear CRISTAL means you gus produce every possible crap together joint bona fide documents since days #1 knowing each other. you take a good attorney to first interview and put attorney on your file ASAP so DAO wont pull any crazy sh**it with you. you divorce cause your wife cheated. at this point all this years later, it does not even matter whether that relationship was created to envade immigration law or not. it will be all about your current marriage. make sure your current wife know everything about your previous wife so DAO wont try to show you lied to your current wife and entered married not in good faith. DAO and USCIS will be furios about your situation, but at the end not much they can do.

Because this is a real marriage,(as was my first one too), i have photo's and other proof that we are legit, so thats not a problem. My new wife knows everything about my situation so theres nothing DAO or USCIS can say that she doesent already know.
Do you really thing i need a good lawyer or could i do it alone...money is a major problem right now.

 

[Al Southner]

Because this is a real marriage,(as was my first one too), i have photo's and other proof that we are legit, so thats not a problem. My new wife knows everything about my situation so theres nothing DAO or USCIS can say that she doesent already know.
Do you really thing i need a good lawyer or could i do it alone...money is a major problem right now.

Nan,

If money is a problem, then you are going to have serious problems when filing in the absence of whether there is an open deportation order against you or not. I would err on the side of one being active because your initial case was abandoned without proper conclusion, it is highly probable that there is an active deportation order against you. Abandoned usually happens because USCIS cannot communicate with the petitioner or beneficiary.

Couple of issues to consider: if your current marriage is legitimate, then there is no need to worry about USCIS busting a nut during the adjudication. However, you need to prove to them that this isn't a marriage for the GC as that will be their focus as you filed for a GC before. Second, do you have copies of your previous filing? I stand corrected, I believe the 485 asks if you have ever filed for AOS before, just answer YES. . Third, find closure to the pending paternity issue of the child from previous marriage because you could face serious issues during filing, especially if the IO suspect you owe child support which will most likely create moral issues and "deadbeatery" Lastly, I am not sure if there is a way to find out if an active deportation order exist, because this isn't a situation where you can call USCIS and ask them.

 

[nan0man]

hmmmmm.

Ok, new question:

If I leave the US, (just book a flight and go) would they know I overstayed and still ban me for 10yrs or is that just if they deport me?

My wife and I are considering just moving to the UK which would solve much of this mess but I would like the option to come back one day...

Any ideas, and thanks again for the replies, they are helping me immensely.

 

[Jackolantern]

If I leave the US, (just book a flight and go) would they know I overstayed and still ban me for 10yrs or is that just if they deport me?

Yes, they'll know you overstayed and ban you, even if you leave on your own.

My wife and I are considering just moving to the UK which would solve much of this mess but I would like the option to come back one day...

You could go to the UK, and then return after the 10-year ban has expired. You should not even attempt to visit during those 10 years, as that could get your ban extended.

But there is no need to do that. You can get a green card via your new spouse, once you resolve your child support issues and find out whether you have a deportation order. Make an Infopass appointment, bring the I-485 receipt or I-130 approval notice from your first green card attempt, and ask about the status of your old I-485.

 

[nan0man]

Yes, they'll know you overstayed and ban you, even if you leave on your own.

You could go to the UK, and then return after the 10-year ban has expired. You should not even attempt to visit during those 10 years, as that could get your ban extended.

But there is no need to do that. You can get a green card via your new spouse, once you resolve your child support issues and find out whether you have a deportation order. Make an Infopass appointment, bring the I-485 receipt or I-130 approval notice from your first green card attempt, and ask about the status of your old I-485.

I'm afraid i dont have any of my old documents at all, (wife burned 'em).
God, what a pickle.

 

[Al Southner]

I'm afraid i dont have any of my old documents at all, (wife burned 'em).
God, what a pickle.

You do have serious problems ahead of you. I wouldn't recommend you to be on any flight out of the country, unless you have plans to be in the UK for the next 10 years. Just file and see what happens, but it could get ugly in the process of getting a GC.

 

[nan0man]

You do have serious problems ahead of you. I wouldn't recommend you to be on any flight out of the country, unless you have plans to be in the UK for the next 10 years. Just file and see what happens, but it could get ugly in the process of getting a GC.

what do you mean exactly by 'get ugly'? what could they do?

 

[Al Southner]

what do you mean exactly by 'get ugly'? what could they do?

Ugly in the sense that if they suspect your current marriage is a sham, then it could be a denial and a deportation. Alternatively, our suspicion that an deportation is active could trigger ICE to come for you given that with your filing, a correct address will be in the application forms, which will be easier for them to locate you. Please take note, this is pure speculation on what could happen.

As I said, not knowing if there is a deportation order against you could create problems. In one of the forms, it ask if there is a deportation order against you, answering YES or NO could pose problems. If you say NO, it means you are certain none exist, if you answer YES and none exist, it could be problems as well. Hence I suggested engaging a competent immigration attorney whom you can retain to navigate the land mines ahead of this new filing. I wouldn't take this lightly because we don't know what is on file at USCIS, to add more confusion, your ex-wife burned all the paperwork. Do you have a copy of your I-94 or so, which denotes legal entry? Just consider the cost benefit analysis of each scenario. In my view, you have no option but to file regardless of problems which you might encounter ahead. This would be my course of action if I were in your shoes...

 

[VisaNutz]

Al Southner,
I know you like to exaggerate a lot, and like to use "spooky" descriptions to make things look like worse than it really is - but you really need to stay within logic when you say those things.

I see you are talking about this imaginary "deportation order" (echoing wtnginatl's deportation order in absentia scare). Well, USCIS (or INS) doesn't issue deportation orders, IJ does. In order for the OP to be issued a deportation order, EVEN IN ABSENTIA, he would have to be served NTA by USCIS first. USCIS would have to prove to the Immigration Judge that an NTA was served if they wanted to seek a deportation order in absentia. OP doesn't mention ANYTHING like that ever being served by USCIS.

Then you are saying "You filed in 1998 and never got the GC, but work authorization which gives me the inclination that it is still being used by you". What do you mean by that? EADs clearly have expiration dates. I am not saying OP didn't or isn't working illegally, but HOW DO YOU USE AN EXPIRED EAD?

And to JFK12, where is the logic in your statement "wife was cheating and had other child -- thats a proof of her entering marriage in not good faith"? Just because a married person cheated DOES NOT mean that he/she did not enter the marriage in good faith.

 

[VisaNutz]

To OP,
You have nothing to worry about as long as you can: :

1. Prove that your first marriage was a bona-fide marriage
2. Prove that your current marriage is a bona-fide marriage.
3. Sort out child/child support situation

Staying and working illegally won't matter at all since you came to this country legally. Make sure YOU DO NOT LEAVE US BEFORE YOU GET YOUR GC.

At this time, I would suggest you to have your wife file I-130 for you ASAP, and you concurrently file I-485 if you have the child thing figured out.

As it stands now LEGALLY, the child is yours. This is positive in a way that this proves your first marriage was bona-fide.

Don't worry about this "deportation order" crap as long as you were never served papers to appear before a judge for your deportation hearing.

 

[nan0man]

Al Southner,
I know you like to exaggerate a lot, and like to use "spooky" descriptions to make things look like worse than it really is - but you really need to stay within logic when you say those things.

I see you are talking about this imaginary "deportation order" (echoing wtnginatl's deportation order in absentia scare). Well, USCIS (or INS) doesn't issue deportation orders, IJ does. In order for the OP to be issued a deportation order, EVEN IN ABSENTIA, he would have to be served NTA by USCIS first. USCIS would have to prove to the Immigration Judge that an NTA was served if they wanted to seek a deportation order in absentia. OP doesn't mention ANYTHING like that ever being served by USCIS.

Then you are saying "You filed in 1998 and never got the GC, but work authorization which gives me the inclination that it is still being used by you". What do you mean by that? EADs clearly have expiration dates. I am not saying OP didn't or isn't working illegally, but HOW DO YOU USE AN EXPIRED EAD?

And to JFK12, where is the logic in your statement "wife was cheating and had other child -- thats a proof of her entering marriage in not good faith"? Just because a married person cheated DOES NOT mean that he/she did not enter the marriage in good faith.

No, i've never been served anything but i have used my social security # to pay my taxes since it was expired, but not for the last 4 yrs.
Lastly, who knows what my wife was thinking when she got married to me...she told me she had ovarian cancer and that we should try for a child since she may never be able to again, i fell for it, she continued having a relationship of sorts with her ex even while pregnant and after birth started spouting that the child wasen't even mine. personally i think she was looney but i guess that's not a very technical term and wouldn't be of much use in my defense.

On a side note: My wife has expressed alot of excitement about us moving to the UK and frankly, I would welcome the ability to work and vote without all this aggravation so it's looking pretty certain that we will move.
Thanks visanutz for your constructive critisizm of the replies I got, its beginning to really paint a pretty clear picture for me.

 

[VisaNutz]

nan0man,
To me, it looks just as simple as Jackolantern said. You have a clear shot of getting a GC via your wife.

Do you have any child-support order in effect, meaning, is your wife actively pursuing child-support from you?I know you didn't mention this, but just so you know, moving out of the country WILL NOT clear you off any child-support responsibilities. As a matter of fact, once there are so much arrears, there will be warrant for your arrest.