Out of status?

[MO-MO1974 7]

Good morning forum, My name is MO, I had come in on I-130 in 2006 but before I could adjust my status, my wife decided to opt out of our marriage and file for divorce.my divorce was completed in 2007 and while in the process of the divorce, had met another lady and got married to her after my divorce was finalized and we have been married ever since.

When I tried to adjust my status based on my 1^st i-130,it was denied based on the fact that it was filed through the 1^st marriage, and I was then placed in removal proceedings gration judge who then after going to court for 4years,granted me voluntary departure which will be up on the 28^th of June(I already have a ticket for departure on the 27^th) Since I couldn’t adjust my status with my present wife(we have an approved I-130,and my visa classification has been changed to IR-6 and waiting on date at the consular at my country)

My Question after the brief summary

When did I really over stay my visa, is it when the judge finally gave me voluntary departure or did I overstay despite still going to immigration court or am still within stay being that the voluntary departure does not expire till the 28^th of June.

Any assistance will be highly appreciated

Thanks

[Penguin_ie 5,992]

**** Moving from K1 fiance visa to Waivers forum as it sounds like OP will need one, and he is already married *****

[amberlynnloves 125]

Sounds like by not removing conditions your GC expired. Therefore, you are out of status right then and there. You were allowed in the country based on your marriage to your first wife. Therefore, had to remove conditions with her or without her if you could prove that you entered into the marriage in good faith.

Getting a new wife voided your visa because you are no longer married to your first wife and you didn't have permission to stay after your visa expired 2 years after your marriage. Looks like your current wife should be packing up to head to Nigeria. I don't think you have options for coming back to the US for a while.

[MO-MO1974 7]

Sounds like by not removing conditions your GC expired. Therefore, you are out of status right then and there. You were allowed in the country based on your marriage to your first wife. Therefore, had to remove conditions with her or without her if you could prove that you entered into the marriage in good faith.

Getting a new wife voided your visa because you are no longer married to your first wife and you didn't have permission to stay after your visa expired 2 years after your marriage. Looks like your current wife should be packing up to head to Nigeria. I don't think you have options for coming back to the US for a while.

thank you for the response,when you say a while,have i incurred the 3yr or 10yr ban?if so,what waivers can i get to be able to get back in almost immediately.

[amberlynnloves 125]

5-6 years would be your out of status time, I am thinking thats going to be a 10 year ban. I'm not 100% sure. Someone can correct me if I'm wrong. But if you are being asked to leave the country you might have a lifetime ban. Someone with more knowledge on that can correct me.

But sure sounds like a lifetime ban. There might be waivers available as well.

[newacct 688]

Good morning forum, My name is MO, I had come in on I-130 in 2006 but before I could adjust my status, my wife decided to opt out of our marriage and file for divorce.

What do you mean you "came in on I-130"?

[aaron2020 11,651]

If you came to the US through an I-130, then you should have gotten a green card automatically without the need to adjust your status.

What really happened?

Did you mean you got a conditional green card and fail to adjust or did you come in on a non-immigrant visa and then your ex files the I-130 and I-485?

Regardless of how you got here, you have been out of status for a very long time.

The reason you were in removal (deportation) was because you were out of status. The US does not start removal proceedings until a person is out of status.

You were out of status once you got divorced in 2007 if you never got a green card or did not remove the condition on your green card.

Don't know what you were thinking. You can't have a I-130 from your ex who is the petitioner and hen subsequently only file the I-485 with a different petitioner. Essentially you tried to file to adjust with your new wife based on an I-130 that she ha nothing to do with.

With the voluntary departure (deportation - the only voluntary about your departure is that you are buying the plane ticket and not ICE), you have a 5 years ban starting on June 27, 2013. It ends on June 28, 2018. You will need a hardship waiver for this if you want to come back before 2018.

With more than one year of unlawful presence (you have 6 years if unlawful presence), you have a 10 years ban starting on June 27, 2013 and ending in 2023. You will need a different hardship waiver for this too.

So two waivers after your immigrant visa denial next year if your wife files a new I-130 for you.

Right now, you are still out of status. You are simply given the courtesy of wrapping up your life before you leave.

[MO-MO1974 7]

What do you mean you "came in on I-130"?

K-3 Visa

[MO-MO1974 7]

If you came to the US through an I-130, then you should have gotten a green card automatically without the need to adjust your status.

What really happened?

Did you mean you got a conditional green card and fail to adjust or did you come in on a non-immigrant visa and then your ex files the I-130 and I-485?

Regardless of how you got here, you have been out of status for a very long time.

The reason you were in removal (deportation) was because you were out of status. The US does not start removal proceedings until a person is out of status.

You were out of status once you got divorced in 2007 if you never got a green card or did not remove the condition on your green card.

Don't know what you were thinking. You can't have a I-130 from your ex who is the petitioner and hen subsequently only file the I-485 with a different petitioner. Essentially you tried to file to adjust with your new wife based on an I-130 that she ha nothing to do with.

With the voluntary departure (deportation - the only voluntary about your departure is that you are buying the plane ticket and not ICE), you have a 5 years ban starting on June 27, 2013. It ends on June 28, 2018. You will need a hardship waiver for this if you want to come back before 2018.

With more than one year of unlawful presence (you have 6 years if unlawful presence), you have a 10 years ban starting on June 27, 2013 and ending in 2023. You will need a different hardship waiver for this too.

So two waivers after your immigrant visa denial next year if your wife files a new I-130 for you.

Right now, you are still out of status. You are simply given the courtesy of wrapping up your life before you leave.

I have to be detailed so you can understand me better

I got my K-3 Visa in September 2006 and came to the USA in October 2006,before I could adjust my status,my wife/(the I-130 petitioner)filed for divorce and in feb 2007 it was finalised.After it got finalised,I got married to my present wife( 6yrs and counting) a US citizen and we filed another I-130,it got approved and my classification was changed from K-3 to IR-6 in 2009.when we filed the I-130,we also filed I-485(adjustment of status) and when we nwent for the interview,it was denied by the immigration officer and then he went ahead and placed me in removal proceedings in 2007.My Visa was meant to expire by 2008 and since I was in removal proceedings without knowing the outcome of the case,I had to stay behind and continue going to court till the judge reached a decision which was arrived at about 3 months ago.

If I was in removal proceedings and was going to court,I would think my status would be suspended till the outcome of the immigration court case

points

entry :K-3 visa in oct 2006(expires 2008)

divorced jan 2007

remarried feb 2007

filed new I-130 in 2007 with adjustment of status

Adjustment of status was denied 2007 and placed in removal proceedings

New I-130 approved 2009 with status changed to IR-6

given voluntary departure in 2013

Edited June 23, 2013 by lobinetech

[aaron2020 11,651]

I have to be detailed so you can understand me better

I got my K-3 Visa in September 2006 and came to the USA in October 2006,before I could adjust my status,my wife/(the I-130 petitioner)filed for divorce and in feb 2007 it was finalised.After it got finalised,I got married to my present wife( 6yrs and counting) a US citizen and we filed another I-130,it got approved and my classification was changed from K-3 to IR-6 in 2009.when we filed the I-130,we also filed I-485(adjustment of status) and when we nwent for the interview,it was denied by the immigration officer and then he went ahead and placed me in removal proceedings in 2007.My Visa was meant to expire by 2008 and since I was in removal proceedings without knowing the outcome of the case,I had to stay behind and continue going to court till the judge reached a decision which was arrived at about 3 months ago.

If I was in removal proceedings and was going to court,I would think my status would be suspended till the outcome of the immigration court case

points

entry :K-3 visa in oct 2006(expires 2008)

divorced jan 2007

remarried feb 2007

filed new I-130 in 2007 with adjustment of status

Adjustment of status was denied 2007 and placed in removal proceedings

New I-130 approved 2009 with status changed to IR-6

given voluntary departure in 2013

Thanks for clarifying. You did state in your firat post that you tried to adjust your status during your second marriage based on the I-130 from the 1st I-130.

You were out of status 90 days after you enter on the K-3. Since your first wife never filed to adjust you, you had no protective period. You became out of status in 2007.

Your subsequent marriage and I-130 and I-485 only gave you temporary protection. It didn't erase the fact that you were already out of status from the 90 days post K-3 entry an the 2nd filing. Once the denial came, your entire time from 90 days after your K-3 entry to the day you leave are all considered days out of status.

Everything in my previous post is correct except the part where I didn't know that your 2nd wife file both an I-130 and I-485 because you never said she filed an I-130; you only said you were trying to adjust based on the 1st I-130.

You were out of status since 2007. You have 2 bans; one for the deportation and one for over a year of unlawful presence.

Go to immigrtion2Us.net. You will find more help with with waivers there.

Good luck.

[MO-MO1974 7]

Thanks for clarifying. You did state in your firat post that you tried to adjust your status during your second marriage based on the I-130 from the 1st I-130.

You were out of status 90 days after you enter on the K-3. Since your first wife never filed to adjust you, you had no protective period. You became out of status in 2007.

Your subsequent marriage and I-130 and I-485 only gave you temporary protection. It didn't erase the fact that you were already out of status from the 90 days post K-3 entry an the 2nd filing. Once the denial came, your entire time from 90 days after your K-3 entry to the day you leave are all considered days out of status.

Everything in my previous post is correct except the part where I didn't know that your 2nd wife file both an I-130 and I-485 because you never said she filed an I-130; you only said you were trying to adjust based on the 1st I-130.

You were out of status since 2007. You have 2 bans; one for the deportation and one for over a year of unlawful presence.

Go to immigrtion2Us.net. You will find more help with with waivers there.

Good luck.

Thank you for your response and the link.......I went to the website but it gives me a blank page

[dwheels76 5,466]

Thank you for your response and the link.......I went to the website but it gives me a blank page

it was misspelled. here you go.

http://immigrate2us.net/forum/content.php

[MO-MO1974 7]

Thanks for clarifying. You did state in your firat post that you tried to adjust your status during your second marriage based on the I-130 from the 1st I-130.

You were out of status 90 days after you enter on the K-3. Since your first wife never filed to adjust you, you had no protective period. You became out of status in 2007.

Your subsequent marriage and I-130 and I-485 only gave you temporary protection. It didn't erase the fact that you were already out of status from the 90 days post K-3 entry an the 2nd filing. Once the denial came, your entire time from 90 days after your K-3 entry to the day you leave are all considered days out of status.

Everything in my previous post is correct except the part where I didn't know that your 2nd wife file both an I-130 and I-485 because you never said she filed an I-130; you only said you were trying to adjust based on the 1st I-130.

You were out of status since 2007. You have 2 bans; one for the deportation and one for over a year of unlawful presence.

Go to immigrtion2Us.net. You will find more help with with waivers there.

Good luck.

after a little bit of search,please correct meif am wrong,I do need the I-601 waiver form but not the I-212 for the reasons for eligiblity on the I-212 does not apply to me

ALSO ANOTHER BIT OF INFO IF IT HELPS

I was denied in Mar 2009

I had filed another I-130 in 2007 which got approved in nov 2009

what does this little bit of info add

[belinda63 3,022]

Confused, why didn't you file the I-485 along with the I-130 with your current wife? And if your latest I-130 was file in 2009 it has long expired. You have a 10 year ban once you leave. Your wife, provided she is a US Citizen, will file a new I-130, etc. if it is approved you will go through consular processing for the immigrant visa and be denied due to the ban. Your wife will need to file the I-601 waiver, I don't think you need the I-212 with a voluntary departure, and if the waiver is approved you might be granted an immigrant visa. You are looking at about 18 months or longer for the process to complete.

[MO-MO1974 7]

Confused, why didn't you file the I-485 along with the I-130 with your current wife? And if your latest I-130 was file in 2009 it has long expired. You have a 10 year ban once you leave. Your wife, provided she is a US Citizen, will file a new I-130, etc. if it is approved you will go through consular processing for the immigrant visa and be denied due to the ban. Your wife will need to file the I-601 waiver, I don't think you need the I-212 with a voluntary departure, and if the waiver is approved you might be granted an immigrant visa. You are looking at about 18 months or longer for the process to complete.

I have an approved I-130 with my wife and i have filed I-824 and we are waiting on date with the consular in Lagos which most likely will be after I get there.