Divorced and remarry to AOS

[Henry Dg 0]

Hello everyone !

I have a friend who came here with an F1 visa in 2006. She didn't go to school anymore after 2 month. Then she got married to an US Citizen to adjust her status. They were waited for 10 months to received the interview notice. On the interview day, the USC didn't show up. I don't know whatever problems between them, they filed a divorce decree. Marriage is over by then.

USCIS sent her a letter to tell her to leave within 30 days and all her documents also were cancelled SSN, DL, EAD. And some attorney told her, she can still stay in US until she get marry again to legalize her residency. I bet, she didn't show up for immigration hearing either. Regardless the USCIS's letter, she is working for a travel office(booking air tickets) and get all cash payment. and she acted like she is very happy to live in the US.

I would like to help her but i need advice from you all to tell her what she need to to. Please help !

MY question is

:

-Can she do that? ( get marry to USC again to adjust status)

[Bobby+Umit 161]

Hello everyone !

I have a friend who came here with an F1 visa in 2006. She didn't go to school anymore after 2 month. Then she got married to an US Citizen to adjust her status. They were waited for 10 months to received the interview notice. On the interview day, the USC didn't show up. I don't know whatever problems between them, they filed a divorce decree. Marriage is over by then.

USCIS sent her a letter to tell her to leave within 30 days and all her documents also were cancelled SSN, DL, EAD. And some attorney told her, she can still stay in US until she get marry again to legalize her residency. I bet, she didn't show up for immigration hearing either. Regardless the USCIS's letter, she is working for a travel office(booking air tickets) and get all cash payment. and she acted like she is very happy to live in the US.

I would like to help her but i need advice from you all to tell her what she need to to. Please help !

MY question is

:

-Can she do that? ( get marry to USC again to adjust status)

Recap.

Didn't use student visa to actually go to school (well, 2 months worth). (-)

Overstayed student visa. (-) (of course a IJ needed to make that determination.

Got married "to adjust her status" (so to get around immigration law) (-)

USC didn't show up to AOS interview (probably realized it's against to law to do what he did) (-)

All documents cancelled, told to leave in 30 days, fails to leave as requested (-)

Working without authorization, cash payment (probably not paying taxes) (-)(-)

Now she is told to re-marry to stay in the US? Which means the marriage is to get around immigration law. (-)

I would say she has almost no chance to stay in the US. The negatives in her case outweigh any pluses.

Even if she gets married, since she was told to leave the US, and didn't show up to the hearing, that will count against her heavily. Other cases I have read similar to this end with the person being deported, since it was obvious they just married an USC to stay in the country.

And from what you posted, it is obvious she is doing exactly that.

IMO she needs to leave the country on her own.

[Chica Yeyé 41]

+ no comment + REALLY?????????????

[Henry Dg 0]

Seriously. She doesn't want to go back to her country.

And she told me, she not gonna go anywhere. She kept assure that she will get marry to USC soon and she will be Ok.

I don't know what to tell her and help her out of the troubles.

[Chica Yeyé 41]

Seriously. She doesn't want to go back to her country.

And she told me, she not gonna go anywhere. She kept assure that she will get marry to USC soon and she will be Ok.

I don't know what to tell her and help her out of the troubles.

It does not matter what she wants and her assumptions are quite incorrect. She has broken the law, has received letters requesting her to leave the country: what part of that is not clear to her? She is under deportation procedures now. No one in this forum will aid her in continuing to break immigration law.

[Bobby+Umit 161]

Seriously. She doesn't want to go back to her country.

And she told me, she not gonna go anywhere. She kept assure that she will get marry to USC soon and she will be Ok.

I don't know what to tell her and help her out of the troubles.

Tell her to go home.

[bantam 0]

Her authorized stay expired when she was told to go home the first time right?. She cannot apply for I-485 according to the instructions:

Unless you are applying for creation of record based on

continuous residence since before January 1, 1972, or

adjustment of status under a category in which special

rules apply (such as 245(i) adjustment, asylum

adjustment, Cuban adjustment, special immigrant

juvenile adjustment, or special immigrant military

personnel adjustment), you are not eligible for

adjustment of status if any of the following apply to

you:

D. Your authorized stay expired before you filed this

application;

Edited May 12, 2009 by bantam

[Henry Dg 0]

Didn't use student visa to actually go to school (well, 2 months worth). (-)

==> she 's been in language school, 2 month terms. She didn't apply for more.

Overstayed student visa. (-) (of course a IJ needed to make that determination.

==> not realy overstayed because after program F1 holder have 60 days to leave.

Got married "to adjust her status" (so to get around immigration law) (-)

==> get married within 60 days. She received her EAD, SSN, DL.

USC didn't show up to AOS interview (probably realized it's against to law to do what he did) (-)

==> She cheated him, She messed up with other guy.

All documents cancelled, told to leave in 30 days, fails to leave as requested (-)

==> She didn't comply the order

Working without authorization, cash payment (probably not paying taxes) (-)(-)

==>Employer accept to pay cash deal and will not report anything with IRS. ( the owner is her friend's friend)

Now she is told to re-marry to stay in the US? Which means the marriage is to get around immigration law. (-)

==>Yes. She will do it. I don't think USCIS will know about the incidence to get over the law. Maybe, they will just assume 1st marrige wouldnt went well. And now she found the better husband.

Even if she gets married, since she was told to leave the US, and didn't show up to the hearing, that will count against her heavily. Other cases I have read similar to this end with the person being deported, since it was obvious they just married an USC to stay in the country.

==>I didn't know she have the court hearing or not . I just assumed she had because of the fact.

She surely not to leave the US. She cried alot and won't go home

I don't know what to help her. Pease advice more. I need your help .

Edited May 12, 2009 by Henry Dg

[Chica Yeyé 41]

and once more --- your "friend" is under deportation procedures. She needs to leave before she is removed and officially deported.

[Henry Dg 0]

She is not even care about under deportation procedures. She also said no body will come to catch her. She kept working, date guys, mess around. And she assumed to be safe in US as long as not leave the country. ==> IS THIS CORRECT?

Obviously. She has been lived in this situation 5 months. She is still free as the assumption.

Edited May 12, 2009 by Henry Dg

[bantam 0]

It's better to leave on her own terms than being stuck in an ICE detainment center because if they ever get her they won't let her do voluntary departure again.

[Chica Yeyé 41]

nm.

Edited May 12, 2009 by *Len*

[Bobby+Umit 161]

Didn't use student visa to actually go to school (well, 2 months worth). (-)

==> she 's been in language school, 2 month terms. She didn't apply for more.

Overstayed student visa. (-) (of course a IJ needed to make that determination.

==> not realy overstayed because after program F1 holder have 60 days to leave.

Got married "to adjust her status" (so to get around immigration law) (-)

==> get married within 60 days. She received her EAD, SSN, DL.

USC didn't show up to AOS interview (probably realized it's against to law to do what he did) (-)

==> She cheated him, She messed up with other guy.

All documents cancelled, told to leave in 30 days, fails to leave as requested (-)

==> She didn't comply the order

Working without authorization, cash payment (probably not paying taxes) (-)(-)

==>Employer accept to pay cash deal and will not report anything with IRS. ( the owner is her friend's friend)

Now she is told to re-marry to stay in the US? Which means the marriage is to get around immigration law. (-)

==>Yes. She will do it. I don't think USCIS will know about the incidence to get over the law. Maybe, they will just assume 1st marrige wouldnt went well. And now she found the better husband.

Even if she gets married, since she was told to leave the US, and didn't show up to the hearing, that will count against her heavily. Other cases I have read similar to this end with the person being deported, since it was obvious they just married an USC to stay in the country.

==>I didn't know she have the court hearing or not . I just assumed she had because of the fact.

She surely not to leave the US. She cried alot and won't go home

I don't know what to help her. Pease advice more. I need your help .

1. Part of the deal for the student visa is to actually go to school.

2. Again, can't say she overstayed, only an IJ can do that, but since she didn't stay in school, good chance is that she did.

3. Ok - that is fine, however,

4. So she didn't enter the marriage in "good faith" or had a "bona fide" relationship during the marriage. (cheating?)

5. Which is bad.

6. She know she needs the EAD to work (it was pull from her), she knows she has to report income, (she is probably not), this is all bad.

7. This is wrong on so many levels. (let's look at the levels)

a: She is in the system as filing for the student visa, the first AOS, and the letter to go home. (not to mention the other paperwork - marriage certificate/divorce)

b: She will have to state on any paperwork her first marriage, applying for immigration status, and everything else.

c: You can't jump from one person till another to stay in the country.

Plus you just admitted she used the first marriage to get over the law - you do know if your implicated in helping her commit fraud, you are going to have issues with the law, right?

Again, if she goes through another AOS, she will probably be denied, and perhaps banned for life, then taken to the airport and made to leave.

I don't think she has a case at all. But I am not the one paying for her, nor sponsoring for her.

She is not even care about under deportation procedures. She also said no body will come to catch her. She kept working, date guys, mess around. And she assumed to be safe in US as long as not leave the country. ==> IS THIS CORRECT?

Obviously. She has been lived in this situation 5 months. She is still free as the assumption.

Call ICE and report her - see how long that will last.

It's better to leave on her own terms than being stuck in an ICE detainment center because if they ever get her they won't let her do voluntary departure again.

[Henry Dg 0]

First. I admitted I knew the true story inside.

But as a friendship position, i can't just stand and see her crying without any advices.

Third. I asked in the forum to clarify situation to see what I can do the help her but will not break the law.

Now at least, I can explain to her what gonna happen to her in the future.

I just want to do whatever a friend can do to help. I hope you all will understand.

Decision on her own.

[Henry Dg 0]

Thanks for your advices and all information to: Bobby Umit, *Len*, bantam