I-130 Notice of Denial

[Anh map 2,098]

OP, you entered the US legally. Any out of status time is typically forgiven when you would Adjust Status. I doubt that there is an ICE officer counting the days 'til they can round you up.

Of course there is some sort of possibility that if you ran across CBP or ICE prior to appealing or refiling then you would have an issue. That question can be best addressed by a qualified immigration attorney.

From what you say your immigration attorney states that you have two options to get things sorted out: appeal or refile. Have them explain it so you (and your spouse) fully understand. It may take a paid appointment to do so. But would be worth it for your peace of mind. If a family law attorney is needed, a reputable immigration attorney would advise you so.

Do some research regarding good attorneys. Don't leave the US (or travel near any of the inland inspection areas) until you've considered your options and made an informed decision regarding the next step.

Best of luck.

[VanessaTony 3,567]

OP, you entered the US legally. Any out of status time is typically forgiven when you would Adjust Status. I doubt that there is an ICE officer counting the days 'til they can round you up.

Of course there is some sort of possibility that if you ran across CBP or ICE prior to appealing or refiling then you would have an issue. That question can be best addressed by a qualified immigration attorney.

Until the AOS is APPROVED then out-of-status days continue to accumulate. If you were to "run into" CBP or ICE then you definitely would have an issue. Your marriage isn't good enough. They cannot deport you while the process is pending but they can "detain you" until you can go in front of a judge to hear the "wait till the application is adjudicated" decision and if you don't want to stay locked up while waiting to see the judge there's bail to be paid.

For now I think you're safe. At least until the 30 days period to re-file/appeal is up, at which stage either appealing/denying should also protect you for a certain period while awaiting the decision.

Good luck. Please keep us appraised as I'm sure some people can benefit from the wisdom you have, or will, obtain.

[besaangel 18]

Until the AOS is APPROVED then out-of-status days continue to accumulate. If you were to "run into" CBP or ICE then you definitely would have an issue. Your marriage isn't good enough. They cannot deport you while the process is pending but they can "detain you" until you can go in front of a judge to hear the "wait till the application is adjudicated" decision and if you don't want to stay locked up while waiting to see the judge there's bail to be paid.

For now I think you're safe. At least until the 30 days period to re-file/appeal is up, at which stage either appealing/denying should also protect you for a certain period while awaiting the decision.

Good luck. Please keep us appraised as I'm sure some people can benefit from the wisdom you have, or will, obtain.

[Tamara and Mehdi 0]

Wouldnt the OP have to obtain a divorce for both marriages and start over if they plan on staying in AL because 1. even if the Florida marriage somehow overseen and wasnt recognized in Alabama the divorce probably will end up being recognized and in that case the AL marriage took place before the FL marriage had been final for 60 days, so the AL marriage would be void also...in AL anyway and 2. regardless the US Gov will see 2 marriages and since technically neither can be seen as valid in AL (according to AL law with divorce) he would need to get divorce decrees then wait 60 days then have a valid recognized marriage in AL since thats where they live.......or am I just confused and reading all this wrong????

[Downtoride 0]

WOW!

GET A LAWYER> What I can't seem to understand why couldn't you wait 5 more days? But thats in the past from all this talk and everything sounds like you have one option. If obviously they dont see your Florida marriage legal, You need to get a divorce/annulment. Since you married in alabama while you were already married thats either void or will bring up questions so get that divorced/annulled. After you get that done wait 60 days just for you wait 61 days either try again or file for a K-1. Take all those divorce/annulment papers work up a new Petition and send it in starting all over be it K-1 if you want to do the fiance way or Cr-1 if you want to get married before hand. Make sure you write and explanation to why your case is all over the place. I'm sure there will be some RFE's but if you start over fresh then there is definatly no questions. But then again you were asking opinions nobody knows your full story So like many others have said Speak to a few lawyers... This may be a easy solution or a big fix... Either way I really hope it all works out for you and I wish you the best.

[Boiler 45,516]

I would have been so much easier if you had waited 5 days.

It sounds like USCIS were wrong in their adjudication. And that could be appealed. The second marriage complicates matters, there is certainly an issue as you must have lied to be able to get married the second time.

I would be interested to know what the lawyer recommends.