Ins a second time..

[Jannah1208 2]

Hi guys. I have a question and need some advice. I am not sure what to do but I have a complicated situation.

Early last year I married a man and we went through INS. 3 months after we filed he got his 2 year conditional residence. After which, he started leaving the house at 9 am and returning at 12 am, never spent time with me and the kids, no help with the finances, stopped sleeping in the bed. I talked to him he said he was stressed and needed some time, he needed to get a better job and finish his masters....... long story short, My Imam from my masjid asked to speak with me out of concern. In this meeting he mentioned that my spouse told him we had a deal for our marriage, I help him with the greencard and he will help me with my children and Islam (Note: I don't need help with my religion, I converted on my own accord BEFORE he was ever in my life and I am able to learn on my own!) I told the Imam.. no way! I married in good faith. long story short we got divorced, after I confronted him. He tells me he did make the comment about the GC but that was not his sole intention he married me cause he loved me... whatever. I also found out his parents never knew about me and I questioned why we did not marry through our local Masjid.. lots of red flags I should have seen! But the community and Imam helped me and everything is calm now. You live and you learn.

In October, my Imam approached me about a man at the masjid, that I actually have known for sometime. He volunteers there just like I do. He has played and prayed with my children. He had been a friend, no lines ever crossed.. of course. I follow my faith, and I am having my Imam help me. Anyhow, we have been meeting with the Imam and we are talking about marriage. He is an amazing man and we have fallen in love. I have met his family, I adore them and I just know he is the one.

My fear is this. He will be doing an adjustment of status, once married. Which means going through INS again!!! I am so scared they will just flat deny us, because of the past of going through INS. I love this man and I know he loves me. If I have to, I guess I will move to Egypt with him, but I don't want to uproot my kids. They love him, My family... everyone adores him. I am just nervous. Has anyone been through INS twice? Granted I have tons of proof between my family, his family, the Imam. Just...... I don't know. You hear such horror stories. Any advice? Am I worrying to much?

I have a friend who has done this. She said the woman just asked her.. are you sure this time, I don't want to see you in here again. Everything for her and her new husband went perfectly fine.....

Thanks guys. I must say this site is great with the info!!

Take care and I wish you all the best with "Fast" and "happy" results.

[Calypso 464]

I have no advice for your legal concerns but if you think getting married again is worth the try, go for it but before you do that, rethink and reexamine your decision. Just remember not to place your happiness on other people's hands. After all, you have your own hands.

And oh... when it comes to moving to Egypt, it's gonna be you and your kids to do quite a compromise. I guess you better pray and sort out to keep the new guy in the U.S. I hope things work better this time for you.

Hakuna matata.

God bless us all.

FAE

[Bobby+Umit 161]

Currently - where are you at with the first guy? Did he adjust status? Did he leave the US? (on account of the I-864)

If there is no wait time for your state (after divorce) - and you get married, you can attempt to AOS.

Normally, there is no issue with going through USCIS twice, however, you may have more questions asked this time around. So you would have to be prepared for that.

[juliava 80]

Every case is treated individually, so it is hard for me to tell you how the 2 nd AOS would go. But I know there are a lot of people on this forum who filed for AOS for the 2nd time and they will give you more advice than I would.

I am sure you will be asked at the AOS interview about your first marriage, so be prepared for any question they might ask. Make sure you have enough evidence for your 2nd marriage. If you have an answer for everyhting that makes sense, everything will be ok at the AOS interview. Good luck!

[Jannah1208 2]

The man I married and divorced still has his temp. card, what he does when the time comes for him to tell INS (sometime in 2011; after the 2 years) his marriage ended after a few months is up to him, I am not doing anything for him.

I figure there will be alot of questions this time, but I am ready for them. I am not going to give up. I have time before this all happens, I just like looking ahead. We plan to marry in the spring/summer.

Thanks again guys.

Edited January 8, 2010 by Jannah1208

[Bobby+Umit 161]

The man I married and divorced still has his temp. card, what he does when the time comes for him to tell INS (sometime in 2011; after the 2 years) his marriage ended after a few months is up to him, I am not doing anything for him.

I figure there will be alot of questions this time, but I am ready for them. I am not going to give up. I have time before this all happens, I just like looking ahead. We plan to marry in the spring/summer.

Thanks again guys.

Ok - so he is going to attempt to remove conditions by himself (which he can, since you divorced him - all he has to prove is the marriage was entered in good faith).

However, that means you are still responsible for his I-864 sponsorship, so you will have to count him when you do another I-864 for this new person.

(in essence, you will have to make enough income for you, new guy, old guy, any other dependents for the new I-864).

[Kathryn41 3,205]

Yes, there are two issues I can see. First, the I-864 sponsorship - divorce doesn't end that so you are still financially responsible to the Government for your first husband and will have to include this on the sponsorship for your new husband.

Second, it sounds very clear that you have good evidence that your first husband married you for a green card. You may want to consider sending a letter to USCIS detailing the situation (keep the emotion out of it - just detail what happened) and add a notarized affidavit from your Imam - if he will agree to this - detailing his knowledge of the circumstances as well. It is likely upon receipt of this evidence, your ex-husband's file will be flagged and when he does apply to adjust status, will have a very difficult time proving he married for love and not a green card. If his GC is denied he will then be without status in the US and will face deportation. Once he leaves you are off the hook for the I-864 sponsorship for him.

When you file for AOS for your new husband, ask the same Imam if he will also provide you with a notarized affidavit attesting to the validity of this current marriage and his role in introducing the two of you and his knowledge that the marriage is based on love. His letter should carry good weight. Of course, you would need to include all of the other usual evidence as well.

You will more than likely face an interview for the AOS which is fine - it will give you the opportunity to explain face to face what happened in the first marriage and demonstrate the validity of the second marriage.

Good luck to you.

Edited January 9, 2010 by Kathryn41

[Jannah1208 2]

Thanks Guys. Having the Imam write a letter for my new husband is not a problem. As far as my last marriage, I did not want to start trouble, i just want it forgotten. But maybe I should write something. The Income will be a problem since I will have my 2 kids that with 50/50 custody of, my tax return I only claim one child and my ex the other. Since I to still claim Majed.... I have no idea what to do. I have no idea where he is. There is no way for me to pull his sponsorship?? I mean we are divorced with no ties, why should I be financially responsible for him? Just a question. I was not even going to put him on my taxes because we were going to file separate.. he never worked anyway.

Thanks guys, I'll do what I can, maybe a second job. Just to prove the income. Without Majed I obviously I can sponsor my future husband.

[Jannah1208 2]

I found the guidelines.. I make 35.982 salary before taxes. and this June according to my union contract with work I will be making 38,000 so I see I am fine the 2009 guidline said 32,237..... *sigh* Thank God. But I should only have to support Majed for alittle longer. Because once INS knows, he will have a problem showing that he entered in good faith. Thank you guys I really appreciate the help!