Divorce while AOS

[lili0301 0]

On USCIS website says "request for evidence" but it has been like this since dec 2008.

I'm applying for a fiancee visa with a boyfriend I met before I left the country.I already have an interview date and everything. Will I have problems to get it?

I'm panicking right now.

[Danu 19]

if the other one hasnt stopped processing you might have issues, I would call to check with them and get it stopped if it hasnt been cancelled already. Usually RFE's have a certain length of time to respond that if you dont they die, but I would call to see.

[lili0301 0]

you mean I should call USCIS or ask my ex and tell them to stop my process?

[Danu 19]

you mean I should call USCIS or ask my ex and tell them to stop my process?

AOS is your petition, you can call and ask them to stop it as you are the petitioner for it.

[lili0301 0]

Are you talking about my greencard process or my current fiancee visa application?

I'm the benefiary in both.

[Danu 19]

Are you talking about my greencard process or my current fiancee visa application?

I'm the benefiary in both.

AOS - the greencard process, you are the petitioner, your ex is your financial sponsor for it but it is your petition for the greencard. He cannot ask it to be stopped but he can withdraw the financial support which would cause it to become void, but only if the greencard has not already gone through. You are the only one who can ask for the processing to stop, as it is your case.

For the fiance visa you are the beneficiary.

I would also prepare yourself for your K1 interview, as you will more than likely be questioned about your relationship extensively due to the circumstances around it.

Edited March 20, 2010 by Danu

[lili0301 0]

I'm in Brazil now and it'd be expensive to call USCIS from here. On USCIS website says that "request for evidence" since dec 2008 so I haven't heard from them since then. So how would my ex withdraw the financial support? Calling USCIS or what?

Thank you

[VanessaTony 3,567]

On USCIS website says "request for evidence" but it has been like this since dec 2008.

I'm applying for a fiancee visa with a boyfriend I met before I left the country.I already have an interview date and everything. Will I have problems to get it?

I'm panicking right now.

Oh dear. Well, I think you need to read up on waivers.

From what I understand you will have your visa denied and then need to apply for a waiver (it's the only way to do it). Did you disclose the previous fiance visa? You would have declared the previous marriage and subsequent divorce. My other bit of confusion is whether you WILL get denied at the interview based on the overstay, whether you should have been denied already, or whether you'll get approved and then denied at the border because of your 3 year ban (this actually happened to someone who was approved a visa and shouldn't have been).

I'm going to bow out because I don't know enough about waivers. Here's the waiver thread: http://www.visajourney.com/forums/forum/113-waivers-i-601-and-i-212-and-administrative-processes-221g/ I would post your current situation in there and see what they say about it.

Aside from that, all I can suggest is speaking to an immigration lawyer to see what they say about it. Best of luck.

[Anh map 2,098]

OP, the question that needs answering here is what happened with your Adjustment of Status Application. Until you learn that, we are all just guessing as to what lies ahead for you.

Contact USCIS (yourself or have a US immigration attorney do it for you) so that you can act based on the facts of your situation rather than speculation.

Best of luck.

[Danu 19]

btw, if you download skype, you can call USCIS free as its a 1-800 number.

[lili0301 0]

Ok...thanks you. But when I left the country last year my AOS was still in process. So if was in proces wouldn't I have the ban?

[sachinky 465]

Till you find out the status of that AOS application, there's nothing we can specifically advise you about. Too many ifs and buts.

Consult an attorney.

[VanessaTony 3,567]

Ok...thanks you. But when I left the country last year my AOS was still in process. So if was in proces wouldn't I have the ban?

In a typical situation yes you would have a 3 year ban BUT as said below...

Till you find out the status of that AOS application, there's nothing we can specifically advise you about. Too many ifs and buts.

Consult an attorney.

This is really all we can tell you. The reason being, typically you overstayed your I-94 and you abandoned so you didn't get that overstay time "forgiven" but whether it counts in your case is something an experienced immigration attorney can help you with. OR you can choose to just attend the interview and see what happens... though I personally don't recommend that.