she was divorced by her fiancee visa sponsor and remarried...

bekoy

Registered Users (C)
hello,
my friend got to the US thru fiancee visa, she got married in 2004 right after she got to the US. after 6 months, he divorced her under false pretense. at that time she already filed her GC applications and had working permit but wasn't able to come to their appointment for interview bec her husband didn't show up anymore. she decided to stay since she has work already and finally met another USC and remarried in 2006 and gave birth in 2008. she has a lawyer now who represent her in the second application, but was denied for the reason that the 2nd husband is not the sponsor why she got to the US. she is just waiting for an appointment with immigration judge. but her lawyer is leaving them in limbo and doesn't provide them enough informations and support. is there still a way for her to stay in the US? what else could be done?
i just hope somebody cld shed some light for her.
thank u so much!
 
Since she entered the US on a K-1, the only way she can AOS is by marriage to the sponsor of the I-129F. She made a huge mistake by staying back in the US. Now she has accumulated enough overstay time to trigger bans. So she is in a catch 22 situation. She cannot AOS in the US and if she departs, she triggers a ban.

is there still a way for her to stay in the US? what else could be done?
 
pardon me, but what does AOS means? her lawyer actually advised that she didn't have to leave US since she can support herself after the divorce. what could be the next best thing for her to do? she heard about the voluntary departure. it's like a statement she gives to the immigration judge where it's like a promise to leave the US, all under her expense, then it also lifts the ban on her. any suggestions/advice from anyone?
 
In my limited knowledge, I am not a lawyer, her only two options are the one I listed above. Voluntary departure does not protect one from 3 and 10 year bans, as far as I know. She has a lawyer, she should listen to him/her.

what could be the next best thing for her to do? she heard about the voluntary departure. it's like a statement she gives to the immigration judge where it's like a promise to leave the US, all under her expense, then it also lifts the ban on her.
 
You may want to read this article.
The fact that jurisprudence - that is at least partly applicable to your case - has changed recently might be helpful. Make sure that your attorney is aware of this case. You definitely are in dire straights, but there may still be a chance.

Wd
 
whaledad, thank you for that...i would definitely send the article to my friend...thank you so much!
 
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