i need help

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murrybg

Registered Users (C)
hi, my girlfriend was married to an US citizen and filed for adjustment of status at 2006...then they call her for fingerprints and she went....after that they had some issues with her husband and they split...they are still married but don't see each other and he is saying that he didn't received anything from THE IMMIGRATION OFFICE but most likely he is lying...now after 4 years of marriage she doesn't know what to do with her documents...can somebody give her an advise...do you thing she is in deportation if they called her for an interview and she didn't appear...if she is in deportation and she divorces with her husband and she marry me(i am with a green card and i will become US CITIZEN on july 2011)...is that gonna help her not to get deported...
 
With what status did she enter the US before filing for AOS based on her marriage? If she entered on a K-1, she cannot re-apply to adjust her status based on a future marriage to you. If it was another non-immigrant status, then she can apply for AOS after marrying you and you are a citizen by that time.

murrybg said:
hi, my girlfriend was married to an US citizen and filed for adjustment of status at 2006...do you thing she is in deportation if they called her for an interview and she didn't appear...if she is in deportation and she divorces with her husband and she marry me(i am with a green card and i will become US CITIZEN on july 2011)...is that gonna help her not to get deported...
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do you think she is in deportation if she didn't appeared on interview...what about if she is...can she still marry me and apply for AOS???
 
Since she did not turn up for her AOS, it must have been denied. Now, if her J-1 status was still valid at that time, she had non-immigrant status to fall back onto. Did she? If she is indeed in removal proceedings, you need an experienced competent attorney and not a web portal for assistance. This all has to wait until you become a citizen, keep that in mind.

murrybg said:
do you think she is in deportation if she didn't appeared on interview...what about if she is...can she still marry me and apply for AOS???
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Ok if she was denied does it means she is in removal proceedings now???so if she marry me now while i still have green card thats not gonna help her ????j-1 wasn't valid in that time....
 
Usually denied AOS cases for those who do not have valid non-immigrant status to fall back onto, are referred to immigration judges for removal proceedings. The denied AOS applicant usually received a "Notice to Appear" a few months after the AOS is denied. She can marry you while you have a green card but it will not help her with regards to securing a green card. If she is in removal proceedings, then you have to wait until you become a US citizen and then you will need a competent and experience attorney for a decent shot at legalising her.

murrybg said:
Ok if she was denied does it means she is in removal proceedings now???so if she marry me now while i still have green card thats not gonna help her ????j-1 wasn't valid in that time....
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By now they probably have initiated removal proceedings and sent her a Notice to Appear. But since she moved away from her husband, she didn't receive the notices because they were sending mail to her husband's address, unless she updated her address for the I-485 and filed AR-11.

When they denied the I-485, they probably also canceled her J1 status. They generally don't allow falling back to a nonimmigrant status after I-485 denial if the status isn't dual intent.

She needs an attorney to help her to find out the status (or nonexistence) of her removal proceedings and do something about it.
 
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