last chance help!!!

N

nillushka

Registered Users (C)
please help verify....is the only person who can submit a greencard petition is the original husband who brought spouse into the u.s. on k1 visa? for example, my current wife came into u.s. 1999, married (another man) within 60 days then during the greencard interview at INS he retracted his petiton....since then she and i have been married since 12/2002 and expecting our first child anyday now.

we've done all the necessary papers thru INS for years now, but still awaiting decision on I-485 adjustment of status...i called the supervisor handling our case and she said the initial decision wasnt favorable cause "I" wasnt the one who brought her into the U.S....she's reviewing the case for a final decision anyday now......my attorney sucks......CAN ANYONE MSUT SOME ADVICE.....PLEASE!!!
 
When she decided not to marry the person who sponsored her K1, she went out of status and became an illegal alien. She then overstayed by 2-3 years by the sounds of it, so this is not good.

Her marriage to you should allow this to be forgiven however, but your punishment will be being put through the ringer. Hopefully it will end up OK, she should be forgiven the overstay and illegal status because of your marriage.
 
Do not panic

Hey , the first petition has nothing to do with the one you sent for her . since you are a USC married to her she should be forgiven and admit to adjust status in the US , but not to travel at all even if she has AP , just wait for tyhe green card before leaving the US .
 
No, that's not true. If your wife came on K-1 visa and didn't marry that guy who brought her she would not get her GC through YOU. She had to go back to her country and get another visa. No EXCEPTIONS! Sorry.
 
Estrella77 said:
...No EXCEPTIONS! Sorry.
Click to expand...

I dare to differ.

Sure. She came here on K1 and has to get married to the guy that sponsored her back then within so many days. Appearantly somebody in this scenario didn't play by the book. Can you say SCREWED ???

Nevertheless, I tend to think that USCIS Immigration Officers are not hardhearted people. When nillushka can convince them that this marriage is bonafide I don't see his wife having to leave the US just to stand in line for another Visa abroad.

As far as I know there is a process of paying a penalty fee for overstaying her visa. I'm not an expert in that field, though.

My advice for nillushka would be: Get another lawyer !! The sooner the better.
 
Estrella77 said:
No, that's not true. If your wife came on K-1 visa and didn't marry that guy who brought her she would not get her GC through YOU. She had to go back to her country and get another visa. No EXCEPTIONS! Sorry.
Click to expand...
Crap. As others have stated as the person is married to a USC, visa overstays and irregularities can be forgiven by USCIS.
 
help

thanks for everyone's input....again estella....she did marry the original husband when she first came to the u.s...then he withdraw the petiton for adjusted status, they divorced we got married....i hope immigration keeps an open mind about it....i believe god will show us the way.....keep in ideas coming and thanks
 
• If the petitioner entered on a K-1 visa and the I-130 petitioner is not the same person who filed the I-129F petition, the alien is prohibited from adjusting status.

She had to get her GC throught him (first husband), it doesn't matter that she re-married, she HAD to go back and apply for another visa. I wish you a good luck but that's what the law says.
 
Estrella77 said:
• If the petitioner entered on a K-1 visa and the I-130 petitioner is not the same person who filed the I-129F petition, the alien is prohibited from adjusting status.

She had to get her GC throught him (first husband), it doesn't matter that she re-married, she HAD to go back and apply for another visa. I wish you a good luck but that's what the law says.
Click to expand...

For the sake of this discussion and the thread starter, can you please provide a link to prove your point ? Otherwise your statement, as logical and reasonable it may sound, looks like any other random opinion.
 
"... greencard interview at INS he retracted his petiton.. "
Click to expand...
".http://www.uscis.gov/graphics/howdoi/fiance.htm.. your fiancé(e) marries someone other than you (the U.S. citizen filing USCIS Form I-129F - Petition for Alien Fiancé), your fiancé(e) will be required to leave the United States.
"...

Hopefully the AO would document this case as follows :-
1. She came here legally.
2. she did marry the person who brought her here on K1.
3. Her marriage was entered on good faith. :)rolleyes: Hopefully the divorce agreement doesn't contradict the assumption)
4. Due to certain circumstances beyond her control the application for AOS was retracted at the 'interview'.She has NOT got any info from USCIs for deportation. :confused:
5. She has got a legal divorce and got married again to a USC.
6. She has NOT commited a crime involving moral turpitude.(:)rolleyes: Hopefully )

I would reccomend you contact another attorney and go through the specifics of the divorce agreement...and the circumstances of 'How' you met and "what' she 'did' during the interim time. Does it contradict the 'good faith ' clause.

USCIS may be slow..but they are NOT so dumb as to recognise a strong marriage..esp with " the baby due"....And they would definitely NOT deny an US citizen the right to family life..NOT at this stage..ie 4 yrs of married life.
Be prepared for the interrogation at USCIS...and questions like ..Why did you take so long to apply for AOS?
Hopefully by now you must have adequate proof of co-habitation and married life.Collect all the documents required to prove that the marriage is bonafide..A screaming baby may speed up your case at the interview. :D
Have faith in the Lord...strange are his ways.but .everything happens for the best. :)
Click to expand...
Click to expand...
 
Last edited by a moderator:
I think there is a thin line that why you should go to a better lawyer.

By law the alien who enter the US in a K1 visa must married the petitioner of such visa and then could adjust her status only if is married with the petitioner of a K1 visa.

The problem here is that you enter in a K1 visa is restricted that is link to another person that is not your husband right now. See, even if you married the petitioner of your K1 visa, your status as you enter the country was K1 visa (link to your ex husband). Since you do not get your permanent resident through your K1 visa originally...your current adjustment of status is through the marriage of another person but you did not enter by yourself, you enter through the petition of another person and that is clearly stated on the I-485 form.

Now, I don't think that the USCIS adjudicators are cold heart people but they must follow the law even they can sympathize with some people. Anyway, why have been taken so many years? that is not normal. And if the lawyer have already part of the information from USCIS I think he must write back and said that the person enter the US in good faith and follow the K1 visa rule to married her first husband but he decided to withdraw the application or something like that.

In any case, I think that the outcome can be even good since they are still reviewing it and they haven't send any note about a probable denial. So keep the faith and you can review your case with a more competent lawyer.

Good luck,
 
cherr1980 said:
I think there is a thin line that why you should go to a better lawyer.

By law the alien who enter the US in a K1 visa must married the petitioner of such visa and then could adjust her status only if is married with the petitioner of a K1 visa.

The problem here is that you enter in a K1 visa is restricted that is link to another person that is not your husband right now. See, even if you married the petitioner of your K1 visa, your status as you enter the country was K1 visa (link to your ex husband). Since you do not get your permanent resident through your K1 visa originally...your current adjustment of status is through the marriage of another person but you did not enter by yourself, you enter through the petition of another person and that is clearly stated on the I-485 form.

Now, I don't think that the USCIS adjudicators are cold heart people but they must follow the law even they can sympathize with some people. Anyway, why have been taken so many years? that is not normal. And if the lawyer have already part of the information from USCIS I think he must write back and said that the person enter the US in good faith and follow the K1 visa rule to married her first husband but he decided to withdraw the application or something like that.

In any case, I think that the outcome can be even good since they are still reviewing it and they haven't send any note about a probable denial. So keep the faith and you can review your case with a more competent lawyer.

Good luck,
Click to expand...

There is not immediate YES/NO answer for this .... the OP did in fact marry the original K1 petitioner, fulfilling the requirement, but the adjustment process was stopped.

There is some complex case law with regards to this, and depending on the facts of the case, there may be a way to proceed with AOS - MAYBE. Consult with an experienced attorney in your area.
 
help

Again, thanks for everyone's thoughts and prayers.....i have been trying to search on internet for a case similiar to this one...surely there's been a case similiar to mine, where i can show the judge if it comes to this....are there any attorneys in this forum that can give their comments?

Where to find precedent cases like mine???
 
nillushka said:
Again, thanks for everyone's thoughts and prayers.....i have been trying to search on internet for a case similiar to this one...surely there's been a case similiar to mine, where i can show the judge if it comes to this....are there any attorneys in this forum that can give their comments?

Where to find precedent cases like mine???
Click to expand...

See my advice above. You are going to need professional help in presenting your case. The case law is not only complicated, but even if you were to find a similar case, you are going to need help to present/argue it in a way analogous to your case. And an attorney cannot do that on here without consulting with you about the particular facts of your case -- too much to handle on this forum.

Look for an attorney in your area at www.AILA.org. If you cannot afford one, you may also want to look into the services of Catholic charities immigration services or other organizations in your area. I know that in California and Texas, the local bar associations can also refer you to low-cost/pro-bono legal services, with costs between $25 -40 per consultation - sure there are similar programs in other states.

Best wishes
 
what? immigration won't separate families? is that a joke? they do it all the time. it is a complicated case indeed. we must also remember that ther are old rules and new rules (don't know if it makes a difference or is there are different). while the new rules will probably prevail, the old ones might matter.

i think is j1 people that sign a contract that they must leave after the visa and can't adjust status. some people have married citizens and are told to leave. while she did married the first guy, perhaps because she didn't do gc via him it might hurt her. i guess immigration assumes that people will stay together.

good luck on your marriage and the baby and hope it all turns well with the application.
 
help again

Thanks so much for everyone's input.....i cant believe this is happening when our baby is due to be born this Friday 8/11 at 8pm....please send your thoughts and prayers for this entire situation......can anyone come up with a comparable case that gone in front of the immigration board that we can refer to? i'm sure we're not the only people to ever have this situation.......again thanks!
 
Dear Nillushka,

You will be a mother soon!!! Don't think too much about the immigation issue at this moment. Please relax and wait for your baby born. My husband and I will pray for your family. xooxox
 
Hello. How is your baby? Could you please tell me what happened to your case? I have the same situation now. Thank you.
 
Estrella77 said:
No, that's not true. If your wife came on K-1 visa and didn't marry that guy who brought her she would not get her GC through YOU. She had to go back to her country and get another visa. No EXCEPTIONS! Sorry.
Click to expand...
I think you're right. However, since Pianoplayer says it can be argued, cause the case is complicated, I tend to believe him :)

USCIS is not a charity organization, and they don't care if you have a baby and how legit your marriage is if you are ineligeble for AOS in the first place.

Nillushka, I wish you the best of luck with this case, and getting a very good attorney is certainly your best option.
 
You must log in or register to reply here.
Top