Questions about stutas

[southlake 0]

Hi Everyone,

I have a few questions to ask for suggestion here;

First, let's me tell a bit about my story.

In 2005, I came to the States with a K-1 visa and married with my fiancee in a term of visa. Two years later, we divorced during we filed for removing conditional of green card(I-751) and my ex-husband wrote a letter to the immigration and canceled to be my sponsor, later my case was denied then I filed to appear at the immigration court in Baltimore, Maryland. Later I re-filed the I-751 and got an interview in January 2010. I have been waiting for the news since I got an interview.

After I divorced, I have been dating with an American guy (Almost two years) and he is going to marry me and wants to re-file to adjust my status in the States. The questions are;

1. What is my status during my case is pending for my I-751 in processing? Am I overstay here?

2. If my case wasn't approve, can I re-file for my status with the I-485 package after I re-marry with my fiancee?

3. from question #2, if I can't re-file the I-485 package, is it possible that my fiance will be able to file the K-1 visa for me, and I depart the Status to process my K-1 visa in my country?

Thank you in advance for all suggestion.

[Bobby+Umit 161]

Hi Everyone,

I have a few questions to ask for suggestion here;

First, let's me tell a bit about my story.

In 2005, I came to the States with a K-1 visa and married with my fiancee in a term of visa. Two years later, we divorced during we filed for removing conditional of green card(I-751) and my ex-husband wrote a letter to the immigration and canceled to be my sponsor, later my case was denied then I filed to appear at the immigration court in Baltimore, Maryland. Later I re-filed the I-751 and got an interview in January 2010. I have been waiting for the news since I got an interview.

After I divorced, I have been dating with an American guy (Almost two years) and he is going to marry me and wants to re-file to adjust my status in the States. The questions are;

Please add more info -

You had a greencard, you divorced prior to doing the first ROC, you applied as "divorced", and it was denied - why? (btw - if you had the greencard in hand, they affidavit of support cannot be pulled - your x-husband is still on the hook for it)

What was the result of the immigration court? Where you under orders to leave the US or did you contest it?

1. What is my status during my case is pending for my I-751 in processing? Am I overstay here?

No - if you have a pending case, your status is pending.

2. If my case wasn't approve, can I re-file for my status with the I-485 package after I re-marry with my fiancee?

Touch call - you would probably be asked to live the country. Depends on what happens due to the interview.

3. from question #2, if I can't re-file the I-485 package, is it possible that my fiance will be able to file the K-1 visa for me, and I depart the States to process my K-1 visa in my country?

You might be able to marry, leave the US, then file for the CR-1 - if you have to leave that is - you can do another K-1 - but I would recommend the CR-1.

Thank you in advance for all suggestion.

[southlake 0]

Sorry about the brief detail,

I try to give you more information then I can understand about my status here.

before my green card with condition expired (90days), we filed to ROC together until I done my biometrics in June 2008,after that he filed to divorced (divorce completed in August 2008) and wrote to the immigration and canceled everything.

April 2008 : Filed ROC (I-751 package)

June 2008 : biometrics (during this time, he filed the divorced at the courthouse,I didn't know about this).

Auguse2008 : Divorce completed

Sept 2008 : Get the cancellation letter from USCIS

July 2009 : First Appeal at immigration court, and get the second appeal in December 2009

August 2009 : I filed the I-751 form (by myself)

December 2009: Second Appeal was re-scheduled to April 2010 then again re-schedule to June 2010

January 2010 : I-751 interview ( in the appointment letter says "interview for I-751 waiver)

(still waiting since January 2010)

This is all the result I heard from the immigration. So at this time, I just curious about my status here, because I don't want to have any problem if I need to file the visa to the States. I appreciated with your answers and thank you so much.

[TracyTN 237]

Frankly, I wouldn't try and navigate this without help from an immigration attorney. Your previous marriage/divorce - not to mention 'cancellation' (not even sure what you mean by that - was it a letter of intent to deny your I 751 or???) and an appearance in front of an immigration judge- has muddied the waters considerably. You and your new fiance want to do things right and not further complicate things. I don't think anyone here is qualified enough to advise you on this one.

[payxibka 10,045]

Hi Everyone,

I have a few questions to ask for suggestion here;

First, let's me tell a bit about my story.

In 2005, I came to the States with a K-1 visa and married with my fiancee in a term of visa. Two years later, we divorced during we filed for removing conditional of green card(I-751) and my ex-husband wrote a letter to the immigration and canceled to be my sponsor, later my case was denied then I filed to appear at the immigration court in Baltimore, Maryland. Later I re-filed the I-751 and got an interview in January 2010. I have been waiting for the news since I got an interview.

After I divorced, I have been dating with an American guy (Almost two years) and he is going to marry me and wants to re-file to adjust my status in the States. The questions are;

1. What is my status during my case is pending for my I-751 in processing? Am I overstay here?

2. If my case wasn't approve, can I re-file for my status with the I-485 package after I re-marry with my fiancee?

3. from question #2, if I can't re-file the I-485 package, is it possible that my fiance will be able to file the K-1 visa for me, and I depart the Status to process my K-1 visa in my country?

Thank you in advance for all suggestion.

You need to wait until your current I-751 is decided... Since you are already a resident pending removal of conditions, an I-485 by your new future USC husband is the wrong application as you already have a form of residence status (though somewhat in limbo)... You cannot adjust from resident status to resident status, that is not how it works... If your current I-751 fails and you depart then you new USC fiance certainly can submit a petition for you when and if...

Edited April 20, 2010 by payxibka

[Bobby+Umit 161]

Frankly, I wouldn't try and navigate this without help from an immigration attorney. Your previous marriage/divorce - not to mention 'cancellation' (not even sure what you mean by that - was it a letter of intent to deny your I 751 or???) and an appearance in front of an immigration judge- has muddied the waters considerably. You and your new fiance want to do things right and not further complicate things. I don't think anyone here is qualified enough to advise you on this one.

Concur - I can't see how he could "cancel" the immigration process (ROC) at that point - you would still be able to as "divorced"

[Kathryn41 3,205]

Duplicate posts of this same thread merged so all of the answers are in one place, and triplicate post without answers has been removed.

[southlake 0]

Thanks all you guys about the answer. I just waited for the decision from the immigration. At least I (we)have the options to do in the future.

[VanessaTony 3,567]

Okay so I don't understand why people are confused so maybe I don't understand... Here's what I get from all this ---

- You applied for ROC based on your MARRIAGE to a USC and this was denied and your status cancelled based on your husband calling/writing to say you were not together anymore (and your 90 days for applying before GC expiration having passed)

- You are now applying for ROC based on a bonafide marriage to a USC, following attending a hearing to give you the ABILITY to file now that the 90 days have passed - you are still waiting for the decision.

So it seems to me that your deadline for filing ROC passed because you'd already applied based on marriage, so now you're going through the appeal process so that you are able to apply based on a bonafide marriage and subsequent divorce.

So, to answer your questions based on the above information:

1. Your are currently in a protected status because you are waiting for a decision on your case. You cannot be deported at this time.

2. No you cannot. Your conditional card is conditional based on marriage to your USC petitioner for the K1. The only person who can help your ROC is your now ex-husband, OR if you were to apply for ROC based on your divorce and bonafide marriage to him (the original petitioner)

3. Yes. You can either marry now and leave to file the CR-1 (which means no AOS later, and immediate greencard) OR you can file for the K1

Best of luck, hope that helps.

[southlake 0]

Vanessa&Tony Thank you so much for all detail...At this time, I am waiting for the decision of the immigration. On the other hand, we are studying about documentation of another visa.

[Bobby+Umit 161]

Okay so I don't understand why people are confused so maybe I don't understand... Here's what I get from all this ---

- You applied for ROC based on your MARRIAGE to a USC and this was denied and your status cancelled based on your husband calling/writing to say you were not together anymore (and your 90 days for applying before GC expiration having passed)

- You are now applying for ROC based on a bonafide marriage to a USC, following attending a hearing to give you the ABILITY to file now that the 90 days have passed - you are still waiting for the decision.

So it seems to me that your deadline for filing ROC passed because you'd already applied based on marriage, so now you're going through the appeal process so that you are able to apply based on a bonafide marriage and subsequent divorce.

So, to answer your questions based on the above information:

1. Your are currently in a protected status because you are waiting for a decision on your case. You cannot be deported at this time.

2. No you cannot. Your conditional card is conditional based on marriage to your USC petitioner for the K1. The only person who can help your ROC is your now ex-husband, OR if you were to apply for ROC based on your divorce and bonafide marriage to him (the original petitioner)

3. Yes. You can either marry now and leave to file the CR-1 (which means no AOS later, and immediate greencard) OR you can file for the K1

Best of luck, hope that helps.

I don't believe it's confusion but concern.

Normally, the USC cannot "cancel" a ROC in process, it's up to the immigrant. She would of had the chance to file for a waiver for that first ROC, while it was still in process.

Since he did a divorce without telling her, who knows what else he did to poison the well, so to speak?

So it's prudent to seek legal consul in this case.

[southlake 0]

Thanks all you guys for all answers.