hello folks. I am a desperate newbie here. I had been searching the internet all day about my sitaution but non of the results in any search engine was any good other than this forum! OMG. I am so sad. I dont know what to do. Today i got a letter from the immigration saying that the petition for adjustment of status that my husband filed way back in 2002 was denied. The reason was my husband has one unterminated mirriage. (he's been married twice and i am the third one.) He presented the immigration 1 divorce from 1st wife. And he married his second wife in Mexico. He didn't know that he had to file divorce in both countrys before he can marry me. Although we all know that his previous mirriage in Mexico wasn't legal. So now I am so lost. My husband is in the my country right now and he does not have any plan to be back here in the US anytime soon. We fought before he left and i think he is dating someone else over now. So there is no chance that he would appeal the case or anything. Basically he is out of the picture now. My question is HOW LONG CAN I STAY OUT OF STATUS? I dont have work permit or anything anymore since whatever the immigration benifit that gave me when i had pending I-485 had been terminated. I want to stay legal! What can i do? I don't have employer because i am self employed but dont make much of anything to pay for a lawyer. I all by myself living here in my little apartment. I have some suitors that might be interested in marrying me just in case i absolutely have to. And even if i get married how much time do i have left? I am all so depressed and sad. Can someone just please talk to me. I would greatly appreciate you guys. I have faith in this forum. Thank you.
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I-485 DENIED! I am stuck and i dont know what to do. HELP
- Thread starter lenylin
- Start date
NBC_June04
Registered Users (C)
Long story -short. To get out of this. You have to terminate your current marriage, remarry again and file new AOS. The forgivable out of status stay is 6 months.
Your situation does look complicated girl,. Hopping from 1 marriage to another. It does look suspicios and risky. In my opinion only a professional lawyer can handdle this form now on, unless you think you could handle everything yourself . Second - save your current marriage. If you do keep your current marriage, yout husband has to terminate his previous marriage and you have to Re-open the denied AOS.
On the other hand I do agree with im2003. Cases like yours does make the whole process really difficult, nerves and time consuming for many of us who marry the person we love and not the papers. I am trying to be supportive, cause everybody has diffrent motives and life paths, and nobody is to judge anybody. But I cannot justify by any means, fraud marriage and breaking the law.
I wish you good luck after all.
Your situation does look complicated girl,. Hopping from 1 marriage to another. It does look suspicios and risky. In my opinion only a professional lawyer can handdle this form now on, unless you think you could handle everything yourself . Second - save your current marriage. If you do keep your current marriage, yout husband has to terminate his previous marriage and you have to Re-open the denied AOS.
On the other hand I do agree with im2003. Cases like yours does make the whole process really difficult, nerves and time consuming for many of us who marry the person we love and not the papers. I am trying to be supportive, cause everybody has diffrent motives and life paths, and nobody is to judge anybody. But I cannot justify by any means, fraud marriage and breaking the law.
I wish you good luck after all.
Ohh i didn't explain further. My husband left me because i didn't want to go back to my country with him while i have pending status and this is way back in 2003. So we kinda go on and off. he is being irrational about the whole thing and all he cares about is himself. He doesn't seem to understand that i cannot just simply leave the country without advance parole while I-485 is pending. So anyway, after he brought me in AMERICA, i was all on my own working hard to support myself to be able to survive. I go to school and work full time at the same time. And just to make it clear i never enter into ANY "mirriage for greencard" situation at all and never will. I didn't even want to come to America in the firt place but he promised me he would take care of me so i trusted him and i DID CARED and love him. He is the one that is not responsible enough to take care of his promises. So when he left to go travel around the world, i met someone at work that is really nice and fun (in 2004). Since 2004 he has been asking me if i have feelings for him and i would always deny it although i must care for him as he is such a sweet sweet boy. But we never really go on a formal date like people do. Again I am still married and i still cared for my husband eventhough he is not living with me. And in 2005 he emailed me way back from my country saying that he found another girl and that he would marry her over there. And in September 2005 he came back here in the US stay in my apartment and filed for divorce. So divorce is in process.For 3 years that is not with me i had been hangin out with this co-worker and i must admit that i learned to love him. He would be there for me when i needed help. So i dont think it will be "mirriage of conveniece". But in my statement above when i said "I have some suitors" i meant i have a lot that wants to date me but this guy i met at work in 2003 is a very special person. He is more than just a friend to me. We are even talking about dating seriously when we first met. And when my husband totally bust our mirriage, he pursued me and is still beside me when i need him. Its just we dont date formally. But we do care for each other. I am not that dumb to come in this forum to ask advice on how to break the law (and i dont think breaking law is very hard to do. people do it all the time and yes i agree im2003. It is a big NO NO. and we all know that. lol) . Although i must be sorry of the way i stated my sentences on my first post. Well, English as a second langguage makes it harder.im2003 said:If a suitor is interested in marrying you for papers....that is marriage fraud - plain and simple. Do not ask advice about how to break the law on this forum. While your situation does completely suck....entering into a fraudulent marriage isn't the way to go.
Last edited by a moderator:
weren't you self-employed in the first post?lenylin said:i met someone at work that is really nice and fun
EricNeesGC
Registered Users (C)
and wasn't your husband in Mexico in your first post and in US in the second post? Girl, if you need advice, please post the truth and I am sure nice people on this forum WILL help you.michvin said:weren't you self-employed in the first post?
pocahontas
New Member
I think what she meant is her husband being married to a mexican in mexico got divorce there and then went to her country married her and brought her back to US. Her husband is an USC right?. Her husband probably assume his divorce in Mexico is recognized in US which is not and the immigration considered it as a polygamy!
I certainly don't want to jump on assumptions here, but something's wrong in this case.
Lenylin, please reconsider your posts and get your "facts" straight if you're interested in serious advice from this forum.
I have a hard time understanding what you really want.
First you say, you didn't want to come to the US in the first place, then again you say you didn't want to go back to Mexico with your husband while your case is pending. I always thought marriage is about to stay with your partner wherever he/she goes. Now that he's there he's betraying you with another woman. It's non of my business basically but what do you really want ? Save your marriage or stay in the US ?
Lenylin, please reconsider your posts and get your "facts" straight if you're interested in serious advice from this forum.
I have a hard time understanding what you really want.
First you say, you didn't want to come to the US in the first place, then again you say you didn't want to go back to Mexico with your husband while your case is pending. I always thought marriage is about to stay with your partner wherever he/she goes. Now that he's there he's betraying you with another woman. It's non of my business basically but what do you really want ? Save your marriage or stay in the US ?
Is the husband a USC or GC holder? How about a VAWA petition? This is much more complex than can be handled by anyone in an internet forum. I know you don't have money but you need an immigration attorney to sit down, review the entire case, get all the facts straight, and then advise you.
It just can't be done on an internet message board and if it gets screwed up, you could be permanently gone with now way to ever reenter the US.
It just can't be done on an internet message board and if it gets screwed up, you could be permanently gone with now way to ever reenter the US.
Sorry guys for confusion. Well here's what happened.
Januray 2002 bf came to my country.
February 14 2002 we got married in my country.
March 2002 he made me quit my college and said he wanted to bring me to USA when i really didn't want to do it.
May 5 2002 he gave me US visa
May 23 2002 we depart my country and came here in US.
August 2002 we filed I-485 and I-130 at that same day i got work permit too and started working.
Februray 2003 he decided he wanted to go back to my country for good, but i cannot do it because i have pending I-485 and as far as i know you cant leave the country unless you have advance parole.
April 2003 he left me and went to my country and things kinda drift away between us.
December 2004 got the immigration interview and didn't show up.
January 2005 I receive an immigration letter saying that my husband cannot petition me because his marriage to this mexican chick that he brought into the US in 1997 was not properly terminated and that it was considered as polygamy mirriage that the INS does not honor. He was married twice before me and the only divorce he presented is the one from his first wife not the 2nd wife which is the mexican girl that i didn't even know.
August 2005He emailed me and told me he wanted to be married to someone else in my country and that he wanted a divorce. So I filed for divorce.
January 2006Immigration gave me a letter saying my I-485 is denied revoking everything they have issued to me including my work permit.
All this time that all the hard things i have gone through, my husband didn't even care and just totally ditch me. So now i am stuck here without any job as i dont have work permit anymore nor do i have money to pay for attorney fees. I was hoping this forum can help me a little and give me some tips and ideas on what to do or someone in this forum is in thesame situation as i am. I can only stay out of status for 6 months according to that 2nd reply (thanks to you btw). The divorce wont be final until April 2006. Is there anything i can file to keep my status legal here in the US? I became self employed in December 2005 as a web designer but i dont make anything and just barely enough for my rent. I would greatly appreciate you guys' opinion and suggestion. Thanks.
Januray 2002 bf came to my country.
February 14 2002 we got married in my country.
March 2002 he made me quit my college and said he wanted to bring me to USA when i really didn't want to do it.
May 5 2002 he gave me US visa
May 23 2002 we depart my country and came here in US.
August 2002 we filed I-485 and I-130 at that same day i got work permit too and started working.
Februray 2003 he decided he wanted to go back to my country for good, but i cannot do it because i have pending I-485 and as far as i know you cant leave the country unless you have advance parole.
April 2003 he left me and went to my country and things kinda drift away between us.
December 2004 got the immigration interview and didn't show up.
January 2005 I receive an immigration letter saying that my husband cannot petition me because his marriage to this mexican chick that he brought into the US in 1997 was not properly terminated and that it was considered as polygamy mirriage that the INS does not honor. He was married twice before me and the only divorce he presented is the one from his first wife not the 2nd wife which is the mexican girl that i didn't even know.
August 2005He emailed me and told me he wanted to be married to someone else in my country and that he wanted a divorce. So I filed for divorce.
January 2006Immigration gave me a letter saying my I-485 is denied revoking everything they have issued to me including my work permit.
All this time that all the hard things i have gone through, my husband didn't even care and just totally ditch me. So now i am stuck here without any job as i dont have work permit anymore nor do i have money to pay for attorney fees. I was hoping this forum can help me a little and give me some tips and ideas on what to do or someone in this forum is in thesame situation as i am. I can only stay out of status for 6 months according to that 2nd reply (thanks to you btw). The divorce wont be final until April 2006. Is there anything i can file to keep my status legal here in the US? I became self employed in December 2005 as a web designer but i dont make anything and just barely enough for my rent. I would greatly appreciate you guys' opinion and suggestion. Thanks.
EricNeesGC
Registered Users (C)
There are a few christan churches around that offer free immigration advice. You can search for them on the web. I have heard about them on the news and there is one in Ft. Worth, TX but I am not sure what they are called. Hope this helps.lenylin said:Sorry guys for confusion. Well here's what happened.
Januray 2002 bf came to my country.
February 14 2002 we got married in my country.
March 2002 he made me quit my college and said he wanted to bring me to USA when i really didn't want to do it.
May 5 2002 he gave me US visa
May 23 2002 we depart my country and came here in US.
August 2002 we filed I-485 and I-130 at that same day i got work permit too and started working.
Februray 2003 he decided he wanted to go back to my country for good, but i cannot do it because i have pending I-485 and as far as i know you cant leave the country unless you have advance parole.
April 2003 he left me and went to my country and things kinda drift away between us.
December 2004 got the immigration interview and didn't show up.
January 2005 I receive an immigration letter saying that my husband cannot petition me because his marriage to this mexican chick that he brought into the US in 1997 was not properly terminated and that it was considered as polygamy mirriage that the INS does not honor. He was married twice before me and the only divorce he presented is the one from his first wife not the 2nd wife which is the mexican girl that i didn't even know.
August 2005He emailed me and told me he wanted to be married to someone else in my country and that he wanted a divorce. So I filed for divorce.
January 2006Immigration gave me a letter saying my I-485 is denied revoking everything they have issued to me including my work permit.
All this time that all the hard things i have gone through, my husband didn't even care and just totally ditch me. So now i am stuck here without any job as i dont have work permit anymore nor do i have money to pay for attorney fees. I was hoping this forum can help me a little and give me some tips and ideas on what to do or someone in this forum is in thesame situation as i am. I can only stay out of status for 6 months according to that 2nd reply (thanks to you btw). The divorce wont be final until April 2006. Is there anything i can file to keep my status legal here in the US? I became self employed in December 2005 as a web designer but i dont make anything and just barely enough for my rent. I would greatly appreciate you guys' opinion and suggestion. Thanks.
Good Luck with everything.
hmm nobody seems to really know. I was thinking if i could file for a spouse abondonment thing? Has anyone here done that before? After all he signed an affidavit of support. I just didn't know what is that form called though. Anyone has an idea? BTW, thank you folks for all the concern.
There is no such thing of "spouse abandonment". There is the WAVA if you have been abuse by your sponsor and things like that. You can go to www.uscis.gov and get more information about it there. But you must demostrate that there has been an abuse.
Right now you at least should re-open your case. There is a limit to do so, so at least that can give you time to decide what to do.
Right now you at least should re-open your case. There is a limit to do so, so at least that can give you time to decide what to do.
The adjustment of status is yours so you are the one who should re-open it and at the same time you must do an appeal. At this state you will need a professional help at least for somebody in your Consulate. It will be wise to go to the Mexican Consulate and check if they can help you. Your problem here is that the USCIS doesn't recognize your marriage, by law you are not his spouse so you don't have the right of any benefit.
It is important at the same time that you must have enough supportive documents that indicate that your marriage is/was bona fide like joint bills, accounts, that you were living together, etc.
Now, I have a question...his previous wife (the one that he is not divorce from), she is from Mexico too? If is that case, how he could married again with you, if there was already a still valid marriage with another Mexican?
http://uscis.gov/graphics/howdoi/aau.htm
It is important at the same time that you must have enough supportive documents that indicate that your marriage is/was bona fide like joint bills, accounts, that you were living together, etc.
Now, I have a question...his previous wife (the one that he is not divorce from), she is from Mexico too? If is that case, how he could married again with you, if there was already a still valid marriage with another Mexican?
http://uscis.gov/graphics/howdoi/aau.htm