Divorced and remarry to AOS

[diadromous mermaid 36]

She can, and while any marriage that occurs while an alien is in removal proceedings is presumed to be one entered into to evade immigration laws, the bar will be raised for her to demostrate that the first and second marriage is bona fide. However, if she is marrying the person she cheated with during the first marriage, there is a chance she might prevail.

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)

[trillium13 84]

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.

Does she not think that the USCIS will find out about all of this when she tries to apply for AOS??

[Kar98 0]

[Ellie-and-David 38]

You have everyone's advice here. A solution to the problem can not be invented. She has already commited a catalogue of breaches.

I know you want to help your friend, but you cant.

If she doesn't go home, she is going to be an illegal. And because she has already been told she has to leave, she cant exactly live under the radar.

This situation is not going anywhere happy.

[reeses16 8]

I know she's your friend. But your friend has violated immigration & tax law several times and continues to do so. There is not advise to get except "go home." Try to look at the objectively and rationally. I mean seriously, because she's you're friend is what she doing okay?! Would you feel the same if it was MY friend violating immigration and tax laws?

[Chica Yeyé 41]

[mrsjeffs 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.

[kcoyclay1 98]

Henry you said "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.

You also said 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.

Immigration has her documents in the system. It contains her biographic information. What chances are there of two different persons with the same passport number, date of birth, name, finger print blah blah blah? I believe the answer is NONE. Remember that she is in the system. I am getting the feeling that you would like to help her by marrying her based on what you quoted regarding what YOU THINK (see first bold paragraph), if that is the case you had better walk away...take another road. The only help you can give is to tell her the truth. She was trying to become a resident through marriage and not because she fell in love but because she was trying to get around the system. You cannot help her. She used the USC and now needs help. Sorry to say this but karma kicked in. Read the fine prints of what Len pasted.

If she even gets married her past will catch up to her in the interview. All her past documents will be sitting right there waiting on her in the IO's office. They ask about your past marriage and grill you in ways that leaves you with your intestines on your shoulder. She has so many things against her and USCIS told her to leave and she didn't. They are looking for her for sure so walking into another AOS interview with a new hubby and a platinum 1000k diamond ring will not solve her problems.

Chances are when her petition is sent to USCIS they will nab her.

Edited May 13, 2009 by kcoyclay1

[Henry Dg 0]

ok. thanks for all information.

I explained to her the consequence of breaking the immigration law.

BUT she kind of hated me when I was trying to explain the true to her. She accused me that I ruined her life. She hated me right now for keeping to invade her privacy. You know, I am trying to help her out.

As a friend, I hope she will be Ok and live the life that she want to. So, whatever come it will come. Just do the best I can

[nycgirl 13]

She sounds like an ignorant, arrogant, selfish CHILD who has no regard for the laws and processes of this country. Kick her to the curb. She is one of the she-devils that makes this process so hard for the law-abiding people.

Edited May 13, 2009 by nycgirl

[Chica Yeyé 41]

I am reporting this thread to the mods. Why; because of the highlighted part included in VJs Terms of Service:

This "friend" of yours is breaking the law. Aiding and abetting puts you in a bad, bad position.

[Kathryn41 3,205]

The OP has received the correct information to his questions and in view of the volatile nature of the situation involved, I am closing this thread.

Henry Dg, You have given your friend the best help you can by giving her the truth of her situation even if she didn't like hearing it.