Complex situation

B

brodaiga

Registered Users (C)
Any advice would be great. I am a us citizen want to marry my gf who overstayed her travel visa. She was married before, and her case was in progress, she received her EAD, but not green card. Soon after she got married, it did not work out, and she left the guy. They have stayed married since. Her case is still being processed I think. She will get a simple divorce and we will get married. Question is, how to file for USCIS? How does one cancel an old file and begin a new one
somehow?
 
Okay....Mr

Hi:

She is going to be toasted by USCIS. :eek: It will be apparent that she is in the business of evading the immigration laws of the US. She can file for a divorce and cancel all her pending petitions with USCIS. I suspect that she was denied the greencard a long time ago, and her EAD is no longer valid and was probably put in the removal proceedings.:rolleyes:

Once she files for divorce, you can file all her paperwork, but don't be surprised if this case becomes complicated and someone is nailed by USCIS. It is a juicy candidate for someone to be busted big time by USCIS...:p

You might want to hire a an immigration lawyer, but educate yourself about the process before going to see an attorney. :confused: There are lot of people who are screwed by unscruplous lawyers because they are ignorant of the immigration process.:mad:
 
Al Southner said:
Hi:

She is going to be toasted by USCIS. :eek: It will be apparent that she is in the business of evading the immigration laws of the US. She can file for a divorce and cancel all her pending petitions with USCIS. I suspect that she was denied the greencard a long time ago, and her EAD is no longer valid and was probably put in the removal proceedings.:rolleyes:

Once she files for divorce, you can file all her paperwork, but don't be surprised if this case becomes complicated and someone is nailed by USCIS. It is a juicy candidate for someone to be busted big time by USCIS...:p

You might want to hire a an immigration lawyer, but educate yourself about the process before going to see an attorney. :confused: There are lot of people who are screwed by unscruplous lawyers because they are ignorant of the immigration process.:mad:
Click to expand...

Why would she be 'toasted?' She filed her paperwork in her first marriage while she was together, and then never went through the process. Her EAD expires this week. Checking her I-485 application, the online status says it has been returned due to a bad address. Her I-485 is probably denied by now, how was she evading the immigration laws? She is still married and not with the guy, but she never went through her I-485 and just let it expire. Do you know what forms need to be filled out to definitevely cancel the old application and start the new one? We have been living together for more than a year, and have proof of it.
 
You are going to get screwed...

Here is your bump...

why not educate yourself about the immigration process which you seek to get involved in, to extricate your future spouse in her quandry?

Lastly, your burden of proof that your marriage or planned marriage is bona fide is for USCIS to evaluate and make judgment on. As I said in my previous post, your future wife is going to be toasted by USCIS.:( Why would she be? USCIS is going to suspect that she in the country to evade the immigration laws. How can they prove this?:confused:

She would have been married to two different guys, and on both occassions she filed for immigration benefits.:p If this isn't going to cause suspicions with USCIS, then I wonder what else would cause the red flag in the process. You might not like my assessment of your case, but it is a fair and valid one. I have no axe to grind with you or your future spouse, but I can only offer you a fair-minded evaluation. :rolleyes: Whereas, you can't make any objective assessment of this case because you are emotionally involved in it, she is giving you some every night, you enjoy her company, and all things that you two are doing...:rolleyes:

That's your bump....:eek:
 
Al Southner said:
Here is your bump...

why not educate yourself about the immigration process which you seek to get involved in, to extricate your future spouse in her quandry?

Lastly, your burden of proof that your marriage or planned marriage is bona fide is for USCIS to evaluate and make judgment on. As I said in my previous post, your future wife is going to be toasted by USCIS.:( Why would she be? USCIS is going to suspect that she in the country to evade the immigration laws. How can they prove this?:confused:

She would have been married to two different guys, and on both occassions she filed for immigration benefits.:p If this isn't going to cause suspicions with USCIS, then I wonder what else would cause the red flag in the process. You might not like my assessment of your case, but it is a fair and valid one. I have no axe to grind with you or your future spouse, but I can only offer you a fair-minded evaluation. :rolleyes: Whereas, you can't make any objective assessment of this case because you are emotionally involved in it, she is giving you some every night, you enjoy her company, and all things that you two are doing...:rolleyes:

That's your bump....:eek:
Click to expand...

No need to be so arrogant
 
Did the guy she was married to withdraw the previous petition? If not he may have to do so first before you guys can submit new paper work with you as the Sponsor. I agree with Al Southner that at face value this case is likely to raise eyebrows becaus it will seem like she is getting married mainly to get papers. ultimately this all depends on who is assigned to your case and how well prepared you guys are by the way which is your District Office
 
Not arrogant, just a realist....

brodaiga said:
No need to be so arrogant
Click to expand...

HI:

It might look like I am arrogant, but you are going to remember this free counsel when USCIS hangs you and your future-wife. :confused:

In the interim, do what you feel is right and keep us posted...;) I love trailblazers, especially those who defy USCIS even in cases where they are supposed to lose big time, but amazingly, they win against USCIS big time....:cool:

Your wife is going to face serious grill-time, I am not sure if the grill is going to be using gas or electric... :confused: but she is going to have some face time with fire....:( Reconstructive surgery will be needed by the time USCIS is done with your case, just before they deport her....;) No one has any control on the fire which generallys comes from USCIS, especially when they suspect fraud by a petitioner or beneficiary. Your case is clearly going to fail the smell test...:rolleyes:

Only a fool will bet on your case going through USCIS system without creating serious fire with the fraud-dogs of USCIS. I am a very optimistic person, but I don't have the same optimism when it comes to your case, because yours is loaded with explosive....:eek: I am afraid, when they do go off, I wonder who is going to bear the brunt of the explosion....you or the US govt....:p If I was a bookie, I will put my money on the US govt...:D
 
I agree with AL southerner,

Sounds to me like she has a history of sham Marriage to obtain GC.

To be honest If I were you I would think twice about going down the path your are looking towards.

She first has to prove that all previous filed pettions have been canceled, and that all previous marriages are leaglly through aknowledged by both previous involved Parties.

Than it is up to the USCIS if they chose to approve or deny. The chances of them approving the case are slim to none.

I guess youcan increase chnaces by proving legitimacy and have a baby or two with her. Good luck with that!:rolleyes:

www.immigrationcounters.com
 
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