Various Questions

Y

yellowmnm

New Member
Hello:

I'm wondering if someone can assist me in the following scenario and questions:

A Mexican national entered country illegally and has married a US Citizen at the beginning of this year. This person has not received a conditional green card as of yet and according to their lawyer they have gone through the 1st phase of their process and now for the next phase the lawyer wants more money to assit in applying for a green card now 7 months later.

Question 1 - Due to the un-availability (not sure if that is a word or not lol) of funds my friend is trying to decide if they want to put their application process on hold. If they delay the next step, will they have to submit all of their information from the beginning again?

Question 2 - Is there some Amnesty program in the works for December that they could possibly qualify for and if so, if the application process has not been completed will this effect their chaces of benefiting from the Amnesty program?

Question 3 - If they divorce their current spouse and remarry another will they only have to submit a change or update information to their application process (showing proof of divorce and marriage) or will they have to begin the process all over again?

Your thoughts and comments would be appreciated.

Thank you,

:)
 
Q1- It depends where EXACTLY they are in the process. Certainly, you can continue processing some things, some do expire etc. Generally, since your friend entered illegaly, he will have a hard time changing his status. Needless to say, it is far from being impossible, but USCIS does not like these cases and requires extra strong proofs.

Q2 - As you know, Congress is still considering Amnesty for illegal immigrants. However, there is a slim chance that the law will pass this year, and quite unclear if something will happen at all. My opinion is that you can not use both avenues (adjust the status and ask for amnesty), but I do not know this for sure. Probably, knowone knows this since Law is in the "construction phase".

Q3 - The scenario you are suggesting is very FISHY. If this scenario is at minimum doubtful for me, can you imagine how suspicious this is going to be for USCIS? I would say it will make his situation worse, but again it is just my opinion. My gut feeling is that your friend is doing actualy something fishy...

P.S.: I'm not a lawyer. I'm not an immigration expert. I'm just an ordinary guy and you have the ultimate responsbility for your action.
 
Response to Answers from various Queston Post

Superstring:

Thank you for your information. In Q1 he is not exactly sure, he paid some money and made an application, but he is still working on more of background information to apply for a green card.

In Q2 Ok understand the laws in this situation are so tulmutulous at this time and we will just have to see how everything washes out.

In Q3 he married a woman that he fell in love with, he changed jobs for more pay in a different city and she did not want to move with him and the love and the relationship has suffered and now they both have found someone else but they don't want to hurt his chances of becoming a citizen.
 
yellowmnm said:
In Q3 he married a woman that he fell in love with, he changed jobs for more pay in a different city and she did not want to move with him and the love and the relationship has suffered and now they both have found someone else but they don't want to hurt his chances of becoming a citizen.
Click to expand...

and you wonder why USCIS might question the intent of his first marriage ...

this dude comes to the country illegally (for the money I guess), marries USC in order to get away with it ....

my 2ct ? some ass needs to be kicked
 
Reply to Rex

Rex -

You obviously assuming a lot. He has actually been in the U.S. for several years, found someone he wanted to be with and started the process to be legal here. It seems like after two people marry something goes wrong and then their is a divorce. It just happened with two people US Born and raised lived together for over 9 years got married and now after about 3 years of marriage they are calling it quits.

You never know what will happen in life.

Everyone is entitled to their opinions. Thank you for yours.
 
yellowmnm said:
Rex -

You obviously assuming a lot. He has actually been in the U.S. for several years, found someone he wanted to be with and started the process to be legal here. It seems like after two people marry something goes wrong and then their is a divorce. It just happened with two people US Born and raised lived together for over 9 years got married and now after about 3 years of marriage they are calling it quits.

You never know what will happen in life.

Everyone is entitled to their opinions. Thank you for yours.
Click to expand...

I just changed my post, assuming from your new post that your friend is not doing something fishy.

1.If he already filed the I-485& I-130, and get divorced or thinking about it, he need to withdraw his application. It’s better to withdraw now than get denied and arrested.
2.After he gets married again, he has to fill new applications.
3.I advised him to get a good attorney, since his interview will be very very tough.
 
Last edited by a moderator:
You must log in or register to reply here.
Top