AOS denied, had to leave USA

[bobo 2]

My friends are desperate, please help with some advice...

Here is the story:

Liviu (Romanian) met Mary (USC) in Spain. She was broken-hearted after an ended abusive relationship, thought she found the love of her life. Liviu liked her very much, proposed her in one month, she accepted. She came back to US, started K1 process, everything went well. In Dec 2006 he entered US and married her.

In February 2007 sent AOS papers.

But when living together they realized there are issues they cannot get over, she withdrew AOS, separated and filed for divorce in August 2007, finalized in April 2008. After separation he met a wonderful girl (Nelly, also American) proposed to her and married very soon (May 2008) after his divorce was final.

In August 2008 they sent I-130, I-485, I-765. An interview was set for mid April 2009. A few days before interview they received a letter saying the I-485 was denied in February 2009. They still went for the interview, they were questioned separately then the officer took away Liviu's valid EAD and told them to wait for the decision at home.

The first week of May 2009 they received 2 letters: first letter (dater April 29, 2009) was for the approval of I-130; the second letter said AOS was denied and he has 30 days to leave US and must provide proof of it. He left US on May 20th, and now he is in Romania.

Are there any hopes and legal ways for him to come back and be with his wife? Can that approved I-130 be of any help?

Thank you so much

[Bobby+Umit 161]

Did he leave after the first marriage/divorce? Since he did not AOS (via the K-1 entry), he had no recourse but to leave the country.

If he stayed, and married someone else - then that is reason most likely why it was denied the second time.

The USC will have to continue the process from the embassy in his home country (it should of said that on the denial letter). (will most likely file for the CR-1 or something like that)

Edited May 25, 2009 by Bobby_Umit

[YuAndDan 153]

Did he leave after the first marriage/divorce? Since he did not AOS (via the K-1 entry), he had no recourse but to leave the country.

If he stayed, and married someone else - then that is reason most likely why it was denied the second time.

The USC will have to continue the process from the embassy in his home country (it should of said that on the denial letter). (will most likely file for the CR-1 or something like that)

Correct, The K-1 visa has the specific requirement, (Marry the person who filed the I-129F, and adjust status) They CANNOT adjust status based on a marriage to anyone other than the person who filed the I-129F. If they do not adjust status based on K-1, then they are required to leave the USA.

This is NOT like visiting on some other NON-Immigrant visa like a visitor, the K-Visas have very specific requirements.

They will need to go through the normal immigrant visa petition procedure.

[JERIII 8]

Did he leave after the first marriage/divorce? Since he did not AOS (via the K-1 entry), he had no recourse but to leave the country.

If he stayed, and married someone else - then that is reason most likely why it was denied the second time.

The USC will have to continue the process from the embassy in his home country (it should of said that on the denial letter). (will most likely file for the CR-1 or something like that)

Yes, it is clear why the I-485 was denied, a K-1 entrant can only adjust status based on marriage to the original petitioner.

But, the question is, can the approved I-130 be used to start the immigrant Visa process? I have no idea. I would suggest at least a consultation with an immigration attorney unless someone who has done this chimes in.

[YuAndDan 153]

Yes, it is clear why the I-485 was denied, a K-1 entrant can only adjust status based on marriage to the original petitioner.

But, the question is, can the approved I-130 be used to start the immigrant Visa process? I have no idea. I would suggest at least a consultation with an immigration attorney unless someone who has done this chimes in.

You may have to to file an I-824 to get USCIS to act on the approved I-130 and send it to NVC for counselor processing for an immigrant visa.

Purpose of Form :

To request a duplicate approval notice, to request approval notice to another U.S. Consulate, and to request notice to a U.S. Consulate for derivative visas to family members.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Perhaps the UGLY thing will be if the K-1 holder overstayed their visa by MORE that 180 days, if this is the case they WILL need a waiver filed at the request of the visa officer to waive the 3-10 year bar on re-entry.

Edited May 25, 2009 by YuAndDan

[It's me 1]

Wow, sorry for your friend, I wish him well

[Bobby+Umit 161]

Did he leave after the first marriage/divorce? Since he did not AOS (via the K-1 entry), he had no recourse but to leave the country.

If he stayed, and married someone else - then that is reason most likely why it was denied the second time.

The USC will have to continue the process from the embassy in his home country (it should of said that on the denial letter). (will most likely file for the CR-1 or something like that)

Yes, it is clear why the I-485 was denied, a K-1 entrant can only adjust status based on marriage to the original petitioner.

But, the question is, can the approved I-130 be used to start the immigrant Visa process? I have no idea. I would suggest at least a consultation with an immigration attorney unless someone who has done this chimes in.

I have seen other cases where the 130 was approved, but the 485 wasn't. Each denial letter said the process would have to continue at the embassy in the benificiarys country.

They are still married, and the 130 isn't really tied into 485.

That doesn't mean they may have some issue with it at the embassy. Sadly no one has come back to say what happened to their case.

[CA dreamer 3]

Did he leave after the first marriage/divorce? Since he did not AOS (via the K-1 entry), he had no recourse but to leave the country.

If he stayed, and married someone else - then that is reason most likely why it was denied the second time.

The USC will have to continue the process from the embassy in his home country (it should of said that on the denial letter). (will most likely file for the CR-1 or something like that)

Yes, it is clear why the I-485 was denied, a K-1 entrant can only adjust status based on marriage to the original petitioner.

But, the question is, can the approved I-130 be used to start the immigrant Visa process? I have no idea. I would suggest at least a consultation with an immigration attorney unless someone who has done this chimes in.

I have seen other cases where the 130 was approved, but the 485 wasn't. Each denial letter said the process would have to continue at the embassy in the benificiarys country.

They are still married, and the 130 isn't really tied into 485.

That doesn't mean they may have some issue with it at the embassy. Sadly no one has come back to say what happened to their case.

he could finish it from usem in romania as a cr1 or k3 with a strong proof why first relation failed

[bhajishah 4]

well yeah you cant use your visa with former wife to set up a players paradise. Start over and play the game right!!

[YuAndDan 153]

he could finish it from usem in romania as a cr1 or k3 with a strong proof why first relation failed

CANNOT do a K-3, This requires I-129F to be filed BEFORE I-130 is approved. K-3 is a waste of time, the CR-1 process will reach the consulate LONG before USCIS would approve the I-129F.

And YES strong evidence about the first relationship will be needed, the counselor officer may consider the original K-1 and then the attempt to adjust status based on marriage to a different person to just be an attempt to "GET A GREEN-CARD" and NOT a bonafide relationship.

[soniew910 0]

From what I read online, here arethe consequences:

First, congrats for departing.

2nd, He might be inadmissible for green card in the future.

He can visit, but if he wants to get a green card, he will be denied.

Here's an article

www.asianjournal.com/pdf/PDF/2009_LA/2009_03_18/2009_LA_03_18_B%201.pdf

[YuAndDan 153]

From what I read online, here arethe consequences:

First, congrats for departing.

2nd, He might be inadmissible for green card in the future.

He can visit, but if he wants to get a green card, he will be denied.

Here's an article

http://www.asianjournal.com/pdf/PDF/2009_L...03_18_B%201.pdf

Note: May have inadmissibility for an OVER-Stay of the K-1.

Should be able to get this waiverd and should be able to get the CR-1 or IR-1 visa, if they are issued this visa, they will get green-card.

May have problems also with visiting as a visitor, if there is a ban based on over-stay.