proving legal entry for F1 student visa, work, AOS concerns

[eb1009 0]

Hello,

I find this forum to be helpful and active, so I'm hoping for some insights. I don't know if I'm posting it in the right section so feel free to move it where it's more appropriate.

I guess I'll start from the beginning. My boyfriend is from Germany and entered the US with F1 visa to go to school in 2000. He met a woman in 03, got married in 04. He also graduated in 04 so he had to stop working on campus. Immediate filing of necessary forms for him to AOS were not made because she hadn't filed taxes for several years. A year and a half after they got married, the emotional, psychological and sexual abuse also began (but no police report and no witnesses). Then in March 07 she asked him to stay elsewhere for the weekend as she "needed time apart for the weekend". He left with just enough clothes for the weekend. When he tried to return she had changed the lock and refused entry. He tried to contact her but she brushes him off and continues saying that she's not ready to talk. Within a few weeks he came across her blog that stated that she threw out all of his stuff in a dumpster-- including his passport. He gathered evidence for i360 and due to misunderstanding with a lawyer, it was never filed. I brace myself for criticisms here, but after over a year of using up savings and parental support, he found a part time job just enough to pay rent for a room and a couple of bills. He tried to contact her numerous times to file for divorce, but she was unresponsive (i.e. she would not give an address to where she could be served). He sent her divorce papers to her work address in mid-2008 but he sent it to her directly (not through a 3rd party) and so there was no proof of service. She never responded.

Then I met him in late 2008, and we fell in love and now we want to get married. He thought about filing Vawa, but we know that he cannot remarry as long as it is pending and having read the Vawa thread and how long people have waited, we really dread having to wait that long before we can get married and move forward in our future together. He has tried again to file for divorce and finally she has responded and it's in the process now. He will quit his job since I think I can support both of us, but one question is: will his working come back to haunt us when we try to adjust his status? He got his job using his ssn and also filed taxes since even though he makes much less than what is required to file taxes.

Sorry to make this long, but background info might explain some of his actions and where we are now. Now that we want to get married and file all the forms necessary, we need to establish that he came to this country legally. His old passport with his F1 visa was thrown out and he is trying to get a new one from the Germany embassy, but because it has been so long, they are researching to see if he indeed was a resident of the city he listed in the passport form. He is also trying to get I-20 from his school, but they're now digging in the archives and no one has returned his inquiries to see how it's going--- it's been at least 3 weeks now.

So questions I have are:

1) Will his working come back to haunt us when we try to adjust his status? I've read that it could be forgiven, and I've also read that a 10yr ban could be imposed.

2) Is there any other way for him to prove that he came here legally other than to contact the US consulate in Frankfurt where he was issued the F1? We're having a hard time trying to reach anyone there without having calling there directly to a call center. We found one email address but they have yet to return our inquiry.

-- and if anyone has any experience in communicating from overseas with that particular consulate, can you help in directing us?

Many thanks in advance.

[Brother Hesekiel 2,236]

So questions I have are:

1) Will his working come back to haunt us when we try to adjust his status? I've read that it could be forgiven, and I've also read that a 10yr ban could be imposed.

2) Is there any other way for him to prove that he came here legally other than to contact the US consulate in Frankfurt where he was issued the F1?

1) Having worked is not a problem and will be wiped clean at AOS. No 10-year ban triggered if he doesn't leave the country and hasn't left it.

2) College should have copy of his F1 on file.

Sorry, I'm on my netbook and can't really type on it.

[eb1009 0]

Thank you Just Bob.