Marrying a non resident

[Bobby+Umit 161]

moi = me

What visa did he come on?

married for 10 years and just now getting the AOS interview?

scratches head?

he came over on a I130 and she always told him that is all they needed for him to stay.

I think he better talk to a lawyer asap.

[harley2936 0]

moi = me

What visa did he come on?

married for 10 years and just now getting the AOS interview?

scratches head?

he came over on a I130 and she always told him that is all they needed for him to stay.

I think he better talk to a lawyer asap.

we have talked to our lawyer and I guess I am just impatient and wanted to know if anyone else has ever gone through this. Our lawyer is saying that our best bet is to wait for the hearing and hopefully he won't be deported before we can get married. That is why I was wondering about the fact that we are getting married in Washington and there is no waiting period, like here in Wisconsin.

[Anh map 2,098]

So he has been here out of status? For how many years?

[harley2936 0]

So he has been here out of status? For how many years?

He has been here for 10 years, married the whole time, getting a divorce that will be final on June 3, his interview is on June 10.

[diadromous mermaid 36]

If he's been in the USA for that long, you will not be needing a fiance visa. A visa is for use bringing an alien into the coutry. If he departs the country now he will incur a bar to admission for 10 years. Of course if he fails to depart, if instructed, then he will be placed in deportation, and once deported there is a bar to readmission too (dependent upon the circumstances of the deportation).

So his first AOS interview is on June 10, and you reside in Wisconsin. Why not consider Las Vegas to marry and prior to a decision being rendered on his adjustment of status. I believe following this lawyer's advise might get you into hot water. If his AOS goes badly, and we know that the outcome will be that he is denied, there might not be much time between receiving the denial and an NTA for removal. Even if there is time, he would be marrying when he knows the outcome of his adjustment of status. If I am not mistaken, t here are stipulations in the INA that cast a real cloud over aliens that marry USCs while in removal proceedings. If you have asked this lawyer and that was his/her answer, it's time to get a second opinion!

You might ask the second lawyer if there is a chance to postpone or delay the interview.

I am a US citizen and am planning on marrying a Canadian as soon as his divorce is final on June 3. In Wisconsin, where we both live, the waiting period is 6 months. His immigration status is currently pending the last immigration hearing on June 10. Which he will be divorced from the petition at that time. So we are assuming that he will be denied and put into deportation status. Like I said we will be getting married as soon as possible. We are moving to Washington and they have no waiting period there to get married. When would be a good time for me to send in my petition for the finance visa, or can anyone help me with the best solution for us. I am not sure when I can file for him. He has been in the US for 10 years, and like I said we are planning on marrying, just need help to find out when I can file to keep him here. thank you

Edited April 30, 2009 by diadromous mermaid

[harley2936 0]

If he's been in the USA for that long, you will not be needing a fiance visa. A visa is for use bringing an alien into the coutry. If he departs the country now he will incur a bar to admission for 10 years. Of course if he fails to depart, if instructed, then he will be placed in deportation, and once deported there is a bar to readmission too (dependent upon the circumstances of the deportation).

So his first AOS interview is on June 10, and you reside in Wisconsin. Why not consider Las Vegas to marry and prior to a decision being rendered on his adjustment of status. I believe following this lawyer's advise might get you into hot water. If his AOS goes badly, and we know that the outcome will be that he is denied, there might not be much time between receiving the denial and an NTA for removal. Even if there is time, he would be marrying when he knows the outcome of his adjustment of status. If I am not mistaken, t here are stipulations in the INA that cast a real cloud over aliens that marry USCs while in removal proceedings. If you have asked this lawyer and that was his/her answer, it's time to get a second opinion!

You might ask the second lawyer if there is a chance to postpone or delay the interview.

I am a US citizen and am planning on marrying a Canadian as soon as his divorce is final on June 3. In Wisconsin, where we both live, the waiting period is 6 months. His immigration status is currently pending the last immigration hearing on June 10. Which he will be divorced from the petition at that time. So we are assuming that he will be denied and put into deportation status. Like I said we will be getting married as soon as possible. We are moving to Washington and they have no waiting period there to get married. When would be a good time for me to send in my petition for the finance visa, or can anyone help me with the best solution for us. I am not sure when I can file for him. He has been in the US for 10 years, and like I said we are planning on marrying, just need help to find out when I can file to keep him here. thank you

We postponed the meeting once...It was scheduled for April 23 and they postponed it till June 10. i wasn't sure if the marriage would be valid here in wisconsin because of the 6 month mandatory wait period. We are moving to Washington in July and they have no waiting period there. I also heard something about effects of Major Family Changes on Immigration Benenfits. I will have to check that out and see if that would be helpful.

[Anh map 2,098]

Has the question as to his immigration status has been answered? (maybe I am having a really bad day reading, which is possible)

He has been in the US for ten years without a green card and now is doing AOS to obtain a green card and has a deportation hearing a week after his divorce is supposed to be final?

[harley2936 0]

Has the question as to his immigration status has been answered? (maybe I am having a really bad day reading, which is possible)

He has been in the US for ten years without a green card and now is doing AOS to obtain a green card and has a deportation hearing a week after his divorce is supposed to be final?

Yes....his soon to be exwife always told him that the I130 was all he needed to stay in the states. When we met, we started the AOS process and everything is done except the interview to where the wife has to show up. It is the interview where they decide if he gets the gc. And with her filing for divorce and the final being June 3rd....she will not show up for the meeting. I am trying to find someone out there with a similar experience to help us figure out a way around this. We are actually thinking of going to Vegas as soon as the divorce papers are final and hopefully be married before the interview. ugh help

[harley2936 0]

Does anyone know of what kind of evidence he would need for the interview to prove the marriage was legit? They were together and living in the same household for over 10 years.

[Anh map 2,098]

This sounds like a consultation with an experienced immigration attorney would be money well spent. His basis for AOS is the marriage that is ending on June 3. And he has been in the country illegally for quite a while.

As stated earlier your impending marriage could be seen as a means to gain a green card, not create a life with a soulmate. An experienced attorney's guidance is needed here. You don't want to step on any procedural land mines.

[harley2936 0]

This sounds like a consultation with an experienced immigration attorney would be money well spent. His basis for AOS is the marriage that is ending on June 3. And he has been in the country illegally for quite a while.

As stated earlier your impending marriage could be seen as a means to gain a green card, not create a life with a soulmate. An experienced attorney's guidance is needed here. You don't want to step on any procedural land mines.

We have a lawyer and he has been legal because he entered on a I130, that is what the lawyer is saying. We have been together for over a year and a half and we are getting married not only for the green card. The reason for needing to marry asap is....we have been told that once he is in deportation status....which may happen after the June 10 interview.....it is even worse in the eyes of the uscis for us getting married. I am getting conflicting advice as far as my lawyer goes....so i may be getting a new one.

Edited May 1, 2009 by harley2936

[harley2936 0]

This sounds like a consultation with an experienced immigration attorney would be money well spent. His basis for AOS is the marriage that is ending on June 3. And he has been in the country illegally for quite a while.

As stated earlier your impending marriage could be seen as a means to gain a green card, not create a life with a soulmate. An experienced attorney's guidance is needed here. You don't want to step on any procedural land mines.

We have a lawyer and he has been legal because he entered on a I130, that is what the lawyer is saying. We have been together for over a year and a half and we are getting married not only for the green card. The reason for needing to marry asap is....we have been told that once he is in deportation status....which may happen after the June 10 interview.....it is even worse in the eyes of the uscis for us getting married. I am getting conflicting advice as far as my lawyer goes....so i may be getting a new one.

I heard that by us getting married so quickly after his divorce would raise some red flags....but we willing to take that chance....unless someone can tell me a better way.

[Boiler 45,939]

If he came on a K1 as a Finacee he would have been legal for 90 days.

If he came on a K3 as a spouse he would have been legal for 2 years

If he has been here 10 years then he has ben out of status for at least 8 years.

In the circumstances he cannot adjust through a soon to be ex wife, unless they lied.

[wowswift 3]

If he came on a K1 as a Finacee he would have been legal for 90 days.

If he came on a K3 as a spouse he would have been legal for 2 years

If he has been here 10 years then he has ben out of status for at least 8 years.

In the circumstances he cannot adjust through a soon to be ex wife, unless they lied.

she keeps saying he came on an I-130...did they have the same purpose 10 years ago? meaning he would've gotten a green card?

[harley2936 0]

If he came on a K1 as a Finacee he would have been legal for 90 days.

If he came on a K3 as a spouse he would have been legal for 2 years

If he has been here 10 years then he has ben out of status for at least 8 years.

In the circumstances he cannot adjust through a soon to be ex wife, unless they lied.

she keeps saying he came on an I-130...did they have the same purpose 10 years ago? meaning he would've gotten a green card?

Almost 12 years ago when he came into the US, you did need anything to cross the border. They got married and than filed the I-130 and it was approved. They filed the I485 in Dec of 08 and the work permit and travel document were approved and received and than she filed for divorce. The lawyer keeps telling us that the interviewer may still give him a GC because of the fact that they were married for 11 years. I am just trying to see if anyone else out there has ever encountered such a dilema.