Unique Situation...

[abbasa 0]

I was granted a K-3 Visa and entered the United states about 2 and half years ago. Due to back ground checks my I-130 kept on pending (is still pending). I contacted, senators, congressmen, ombudsman office, hell even took the INS to court but nothing happened. We have finally come to a conclusion though the our relationship is bonafide. The USCIS is discriminating before of the 20 year age difference between us.

In the meanwhile we were adviced by our Attorney, instead of extending the K-3 Visa I should apply for a brand new I-130, I485 along with EAD and AP. Which we did, I recieved AP and EAD and have even travelled to outside the US without any problem. USCIS scheduled an interview based upon q new I-130 and then later cancelled it because they figured out we had another I-130 in the system. They just tell us to wait. Meanwhile our lives are on hold and Long story cut short, because of the stress we have grown apart. She cannot have children and I want my own kids. She respects my feelings and I, hers. We love each other to death and do anything for us but as friends now... Maybe that is what the USCIS wanted to happened and have succeeded.

I recently met someone and both of us have been getting along great and are fallling for each. She is a US citizen. My question now is that I came to the US on K-3, I know I cant stay in the US and file for AOS married to another person but since then I have filed a new I-130, I-485 and have been paroled to the US on that base.

Am I able to get a divorce, retract my marriage based AOS and I-130 applications and then file a new AOS application after marrying or I would have to file a divorce, get married and go back to my home country and file for another K-3 and come back.

I would really appreciate anyones help....

[Cino 5]

After you have entered to US with K-3 Visa & have no marriage ties with your USC spouse before the AOS interview.

You have to leave this country PERIOD. There is no other way, believe me. The best bet for you right now to withdraw

your first AOS application (130, 485, 765 & 131 etc......) & get divorced with your wife & leave the country.

Of course you have get some Affidavit Letters from your mutual friends that your marriage

has entered in "good-faith" originally but later on it didn't work. Then get married or get engaged

with your new girl-friend & then apply for K-1 or K-3 & come back to US. I have to admit you are in a mess right now.

You will get out from this mess but it will take up from your life, your time, your money and then some.

Btw, I would fire your attorney, he/she does not know anything, YOU CAN NOT FILE MULTIPLE 130, YOU HAVE TO CLOSE

THE PREVIOUS ONE FIRST !.... That is so stupid, sometimes lawyers do these kind of mistakes on purpose to suck more money from you. I mean they make the case more complicated than it is on-purpose, so the case will take more time & hence they can make more money from you.

Also, another point don't try to enter to US with using AP anymore !...... Because you will be denied !.....

Edited April 22, 2009 by Cino

[abbasa 0]

Cino thank you for your help.

Here is the thing though. I did enter the country with K-3 based on the first I-130 BUT it hasnt been adjudicated so we filed a new one. When we did, we filed a new I-130, 485 and all the other application. I have went back to my country, entered back in the US based on the new pending 130 and 485. I have an I-94 that states I am PAROLED into the US and does not say that I am on K-3.

There is no law on how many I-130s can you file. I have asked this from many attornies, have done research on it a lot. It is a common practise that where 130 is lost or the USCIS does not take action, a new petition is filed. THERE IS NO LAW ON HOW MANY 130s can be filed. Its just a petition to prove a relationship for getting an immigration benefit. If I was not allowed to file one twice, they would have rejected my application. I have gotten EAD and AP based on the application and have not had ANY problems travelling ( I have travelled 7 times with the AP as the K-3 has expired without any problem).

Let me rephrase my question on here. Forget all the K-3 stuff. I am married to someone I-130 and 485 are filed. Can one retract those and file new ones while being in the United States, get married to someone else and file everything again.

[Krikit 1,165]

Moving to Major Changes forum.

[Bobby+Umit 161]

Your K-3 is what is giving you "authorized stay" in the US.

Divorce is one of the reasons that will change this status, which means you may have to leave, since the K-3 is no longer valid.

In order to do what you are suggesting, you would need to divorce first, (which cancels your paperwork, but you would need to contact them of this), get re-married (depending on the wait period for the state your in), and attempt to re-file with the second wife.

You say your 130 is being held up with background checks - if this is the case, divorcing, remarrying someone else will not change that. (you think they are using your age against you)

You may very well face the same issue.

Your case is complicated, I would consult a lawyer.

[sara535 15]

didnt you know before you married her and got to the US that she couldnt have kids and you wanted your own??

[GiGii 4]

didnt you know before you married her and got to the US that she couldnt have kids and you wanted your own??

Exactly. Given the 20yr age difference, this almost automatically puts the lady out of the boundaries for having a baby. If this was your goal, why didn't you discuss this PRIOR to marriage.

I'll be honest in what I see happened, and probably why your I130 hasn't been approved. You found a lady older & desperate for love. You thought marriage was a sure way for a GC. 2yrs into the process you are tired of waiting for a GC and being tied to this lady, all the while wasting time on finding a new lady to have a family with. But you are still fairly young, and think you can have another stab at the GC marriage deal, hoping it will be quicker than the first.

USCIS also sees this, and hence the delay on the I-130. And contrary to what the attorneys told you, you can have only 1 I-130 in the system, if it got lost, you re-submit the same one, you dont file a new set. They must approve/deny the first one, before you can file any others. Just because it was taking them a long time doesn't mean to go filing new ones. You only clutter an already slow system even more.

I'm going to be psychic and guess your a MENA man.

[abbasa 0]

You might be right. At this point in my life. I want children. I didnt before. I dont hold it against her but this is how I feel now. What is a Mena man?

[CnT4ever 1]

Middle East North Africa = mena

[nurse1967 287]

Hey, Mena guys are not the only scammers.

[leapoffaith 0]

didnt you know before you married her and got to the US that she couldnt have kids and you wanted your own??

Exactly. Given the 20yr age difference, this almost automatically puts the lady out of the boundaries for having a baby. If this was your goal, why didn't you discuss this PRIOR to marriage.

I'll be honest in what I see happened, and probably why your I130 hasn't been approved. You found a lady older & desperate for love. You thought marriage was a sure way for a GC. 2yrs into the process you are tired of waiting for a GC and being tied to this lady, all the while wasting time on finding a new lady to have a family with. But you are still fairly young, and think you can have another stab at the GC marriage deal, hoping it will be quicker than the first.

USCIS also sees this, and hence the delay on the I-130. And contrary to what the attorneys told you, you can have only 1 I-130 in the system, if it got lost, you re-submit the same one, you dont file a new set. They must approve/deny the first one, before you can file any others. Just because it was taking them a long time doesn't mean to go filing new ones. You only clutter an already slow system even more.

I'm going to be psychic and guess your a MENA man.

Aptly put and quite Right ! Anybody can figure this out.

This might create problems in your "new" endeavor also.

Not much diff. b/w mena and mean

Edited April 22, 2009 by leapoffaith

[sara535 15]

Hey, Mena guys are not the only scammers.

no, indeed they are not. there seem to be plenty of scammers of every background. however, we see this particular scenario fairly regularly involving MENA men.....

[abbasa 0]

I am not not of North African neither Middle Eastern Decent. Plus I am not a scammer. If I was a scammer, I wouldnt be saying my feelings have changed and wouldnt tell my current wife. I have never cheated on you neither have I would ever do that. People can assume whatever they want. It doesnt bother me..

[Cino 5]

There is no law on how many I-130s can you file. I have asked this from many attornies, have done research on it a lot.

It is a common practise that where 130 is lost or the USCIS does not take action, a new petition is filed. THERE IS NO LAW ON HOW MANY 130s can be filed. Its just a petition to prove a relationship for getting an immigration benefit. If I was not allowed to file one twice, they would have rejected my application. I have gotten EAD and AP based on the application and have not had ANY problems travelling ( I have travelled 7 times with the AP as the K-3 has expired without any problem).

I am repeating again !...... YOU CAN NOT FILE MULTIPLE 130 AT THE SAME TIME !...... I have never heard it in my life.

Let me rephrase my question on here. Forget all the K-3 stuff. I am married to someone I-130 and 485 are filed. Can one retract those and file new ones while being in the United States, get married to someone else and file everything again.

My answer is NO NO NO NO !......

"You say forget about K-3", I can not forget it, because you have come to US on the foundation of K-3.

Let me phrase you some section about K-3. Because you don't believe me.

Spousal Visa (K3)

"]• K-3/K-4 visa holders

may extend status by

showing strong intent to

eventually adjust status.

• After receiving the k3

visa, the spouse enters

on the K3 and is allowed

to work and to travel,

and may file adjustment

of status BEFORE the

I-130 petition is

approved.

• May only adjust status

based on marriage to

original petitioner.

• If the marriage fails before adjustment of status is complete, will have to

leave the US. K-3 and K-4 visa holders cannot

change to another visa

status and stay in the US if

the marriage fails[/color].

[rooster 1]

There is no law on how many I-130s can you file. I have asked this from many attornies, have done research on it a lot.

It is a common practise that where 130 is lost or the USCIS does not take action, a new petition is filed. THERE IS NO LAW ON HOW MANY 130s can be filed. Its just a petition to prove a relationship for getting an immigration benefit. If I was not allowed to file one twice, they would have rejected my application. I have gotten EAD and AP based on the application and have not had ANY problems travelling ( I have travelled 7 times with the AP as the K-3 has expired without any problem).

I am repeating again !...... YOU CAN NOT FILE MULTIPLE 130 AT THE SAME TIME !...... I have never heard it in my life.

Let me rephrase my question on here. Forget all the K-3 stuff. I am married to someone I-130 and 485 are filed. Can one retract those and file new ones while being in the United States, get married to someone else and file everything again.

My answer is NO NO NO NO !......

"You say forget about K-3", I can not forget it, because you have come to US on the foundation of K-3.

Let me phrase you some section about K-3. Because you don't believe me.

Spousal Visa (K3)

"]• K-3/K-4 visa holders

may extend status by

showing strong intent to

eventually adjust status.

• After receiving the k3

visa, the spouse enters

on the K3 and is allowed

to work and to travel,

and may file adjustment

of status BEFORE the

I-130 petition is

approved.

• May only adjust status

based on marriage to

original petitioner.

• If the marriage fails before adjustment of status is complete, will have to

leave the US. K-3 and K-4 visa holders cannot

change to another visa

status and stay in the US if

the marriage fails[/color].

Abassa, you say that if you could not file more than 1 I-130 they would hace rejected yours. I got news for you, they DID reject you 2nd one. You said yourself that they cancelled your interview after they discovered that you already had a previous I-130 pending. If thats not a reject, I don't know what the he!! is.

Edited April 23, 2009 by rooster