divorce and remarrying nothing filed ever

[Elfic 0]

No, it's saying on the visa no 2-year residence requirement. I didn't have any letters after that one and I was at that address for a couple of months afterwards.

I only have a copy of the water bill from NJ and I that is it. My bank card and check book for his account then disappeared together with other docs. I only realized it after coming back to FL and have no proof that he could have done it. He was sending me letters then and and torn little slot-machine ticket from our trip to Atlantic-City. But I threw away many things. I have a couple of envelopes and that's it.

I'm so afraid to lose my boyfriend now. Do you think if it is ok to marry right after divorce or we should wait some time. Anyway, I have been with him during my divorce process anyway. The only thing that i can't work on a regular basis, but if it s all jeopardizing our future together, I maybe think we could wait.

I barely go anywhere from the apartment by myself, probably once or twice a month only to see my friends sometimes. trying to find some translation work through internet. But I only get it rarely.

Please, tell me what is your opinion. Should we wait for some time and how long? I'm really afraid to get separated from him ever and if there need to be waiting, maybe we could do that. I strongly need advice please.

[Harsh_77 718]

It’s a complicated case lot of red flags as per me and could have hard time even after the second marriage.

1. F1 Denied

2. Marriage after F1 Denial

3. Working Illegally on F1

4. Marriage did not last long (could point it was sham to obtain legal status)

5. Potential for second marriage immediately even before first divorce was complete.

All these put together could lead the CO to that applicant is just trying to obtain a legal status in the country either way.

[JimVaPhuong 4,863]

The best possible outcome is that you'd marry your new boyfriend and your adjustment of status would be approved. Your problems would be over, and you'd (hopefully) live happily ever after. The AOS could also be denied, but in most cases you could either resubmit or appeal. The worst possible scenario would be a denial for material misrepresentation, which could come with a lifetime ban from the US. This is the risk you take - filing for AOS is calling attention to yourself, so you're expediting the inevitable outcome.

If the immigration officer believes you entered into the first marriage in order to gain lawful status then they're going to believe the same is true of the second marriage. You might be able to reduce their suspicion by waiting to remarry, but a few months isn't going to be enough to change their suspicion. It would have to be more like a few years. Anything less than a year or so is going to look like you're rushing into the marriage.

If your first husband contacts USCIS or they contact him then all bets are off. Any derogatory statement from him could be used against you.

If I were you I'd focus on the divorce right now. After that's over I'd stay with my new boyfriend and let the relationship develop for a while. When we were ready I'd plan a big wedding, and then work on the adjustment of status. Try to proceed with your life as if immigration wasn't a factor. That's primarily what the IO is going to be looking for.

[Deputy Purple 1,294]

I only have a copy of the water bill from NJ and I that is it. My bank card and check book for his account then disappeared together with other docs. I only realized it after coming back to FL and have no proof that he could have done it. He was sending me letters then and and torn little slot-machine ticket from our trip to Atlantic-City. But I threw away many things. I have a couple of envelopes and that's it.

If the bank is a large (multi-state) bank like Chase, Bank of America, etc then you should be able to go into the local branch and get your account information. He can't remove you from the account or close it completely without your signature (unless he commits a fraudulent act such as forging your signature).

This would allow you the get a letter confirming joint ownership of the account and possibly even a few statements.

I'm so afraid to lose my boyfriend now. Do you think if it is ok to marry right after divorce or we should wait some time. Anyway, I have been with him during my divorce process anyway. The only thing that i can't work on a regular basis, but if it s all jeopardizing our future together, I maybe think we could wait.

I barely go anywhere from the apartment by myself, probably once or twice a month only to see my friends sometimes. trying to find some translation work through internet. But I only get it rarely.

Please, tell me what is your opinion. Should we wait for some time and how long? I'm really afraid to get separated from him ever and if there need to be waiting, maybe we could do that. I strongly need advice please.

I'm not sure how this is related to losing your current boyfriend, is he having trouble supporting you or just upset that you're not able to get married right away?

Waiting any period of time won't undo the timing of the first marriage which will always look suspicious to USCIS. It may give your current relationship a better chance as you'd then be able to demonstrate time together but it won't change the fact that you entered into this relationship during the first marriage. Of course there is the issue of you being out of status and since you don't currently qualify for AOS to LPR that also means you are classed as subject to removal. If you come to ICE's attention then you may get put into removal proceedings. I guess your soon to be ex-husband could be a jerk and report you to ICE. If you do get put into removal proceedings then marrying your current boyfriend after the removal proceedings were initiated will just make your case look even worse as USCIS will be required to assume the marriage is solely for immigration benefits and it will be up to you to prove otherwise.

[hnubno 9]

I don't know anything about the immigration part but you should make sure that you report to bank, credit card company, social security, and etc that these items havebeen lost or stolen and see what you need to do to change or get new ones. I hope you get everything figured out

[Elfic 0]

No, my current boyfriend is ok, he isn't rushing into marriage, he just wants to be with me and hoping it would be forever, as well as me. This is my first relationship that is going so good in my life.

Do you think if I ever apply for AOS with him, they would not even look at my new marriage evidence and only would require the evidence from first one? ( doesn't the fact that I didn't apply with the ex for anything help a little? i.e. if I just wanted to have status through him, I would stay with him anyway to get it? But i chose not to 'cause we didn't get along. Or it doesn't matter if I didn't?

[skiptex 225]

what does your attorney say about all of this?

[Godwen 0]

The first thing you should do is get an attorney...... I dont know much about USCIS laws but I can tell you this country does not care about the number of marriages one has had.

The culture in this country allows one to marry and divorce at any time. So if you married your first husband and things didn't go well and you choose to divorce and marry someone else then there is no big deal.

Yes, your interview will be difficult but You can overcome if everything you are doing is in good faith. That is all that should matter to you any way.

Never forget your first Husband never filed anything for you so you have a little advantage on that front

Edited October 20, 2011 by Godwen

[Deputy Purple 1,294]

No, my current boyfriend is ok, he isn't rushing into marriage, he just wants to be with me and hoping it would be forever, as well as me. This is my first relationship that is going so good in my life.

Do you think if I ever apply for AOS with him, they would not even look at my new marriage evidence and only would require the evidence from first one? ( doesn't the fact that I didn't apply with the ex for anything help a little? i.e. if I just wanted to have status through him, I would stay with him anyway to get it? But i chose not to 'cause we didn't get along. Or it doesn't matter if I didn't?

No matter when you apply that first marriage is going to be there. I would imagine that the longer your current relationship has had to develop the less that first one will impact your situation but you have to remember that USCIS will always look at AOS applications from a defensive posture. Also no matter when you apply since your AOS would be based on the current relationship (and the marriage in it) they will always want to see that it is legit and "in good faith".

As for the fact you didn't stick around and AOS with the first husband working in your favor, that can be explained in several ways that work against you too so I wouldn't rely on that tactic too much.

Explanations that could work against you:

* He reports that he felt you married for a Greencard and thus he refused to file for you.

* You found an easier mark who makes more money etc.

These are just two examples of things the IO could think or be lead to believe if your soon to be ex makes a report to ICE.

Edited October 20, 2011 by Bob 4 Anna

[Aztec&Taino 144]

Tina,

First things first. Get a divorce. If after getting a divorce you and your current boyfriend are still getting along continue to develop your relationship and wait some more. Give it time to make sure it will not simply be a repeat of marriage #1. Then, if you two are still together, get married and file for your AOS. However, be prepared to face some scrutiny. As it has already been pointed out, USCIS may see your marriages as a desperate act to obtain status. Since you have been out of status and your last visa application was denied, it will certainly raise suspicions to see that you married two US citizens, particularly if there is a short amount of time in between marriages. If husband #1 reported you to USCIS and made a claim of marriage fraud in order to obtain legal status, then you will have an even harder time proving otherwise.

Best wishes!

[desmond&molly 5]

I understand wanting to wait and there's good points being made in favor of that, but if you didn't marry just for that reason and you were placed in removal proceedings as Bob4Ana mentioned you'd have a harder time adjusting status.

I guess for now concentrate on the divorce, getting your social security card back and keeping records of your boyfriend and your accounts and things, so that if and when you decide to marry and adjust you have as much evidence as possible.

Good luck!

[bigdog 376]

Get rid of the future former. see an attorney, get everything straight. Good Luck.

[Elfic 0]

Thank you for your answers. I really appreciate it.

Just spoke with a lawyer today, he is saying it's not gonna hurt me and it doesn't matter when we get married, but they anyway will want to look closer to our marriage. Which I'm not afraid of, and ready to answer any colour of a toothbrush, etc.

The lawyer also said that me getting out of the marriage before it got even worse and I hadn't filed was a good thing. If I continued with it I could have had a big issue.

I guess I'm really pessimistic about difficult points of life and always break mentally really fast. Was asking my boyfriend today if I'm not allowed to stay here if he would go with me to Russia or see me sometimes in different countries every time. I know that's crazy. He said it would not be very fulfilling for the life and we have to go through with it.

I never dealt with any immigration things before, non-immigrant is really different thing. I went trough interviews twice and it was not difficult. This is my third entry here. But heard so many bad things about immigrating difficulties, it's really much harder, I guess.

I will try to control my mood and enjoy my relationship while I have it. He said he knows I'm the one. He has never been married before and always lived single.

I'll hope that my ex doesn't get vengeful. He doesn't know that I'm with somebody, or then I would be even %100sure he'd screw me up.

Will try to think positively and thank you very much guys for attention to my situation.

[Harsh_77 718]

Hopefully this lawyer helps u, but if any good lawyer tells you that you don't have to worry after hearing your case got to be crazy.

I m sure your ex is aware of your status and if he reports you in to USCIS even the best immigration lawyer would have tough times, proving you are right.

Leaving all your docs back or he stealing those docs cannot be proved, all he has to do is say you just left all that there.

You have not mentioned anything about it so I am guessing you guys never had a physical fight or police had to be called or anything like that, so proving him wrong could be difficult.

All he has to say you married to get GC after you were denied F1 and to any CO that would sound perfectly reasonable.

Also CO argue after you moved out you could had gone back to your home country instead you were out looking for another USC and thats how u ended up with next, hard to prove all these wrong for even a seasoned lawyer.

But if he says its all good.... then guess go with it.

[Deputy Purple 1,294]

Something to remember when talking to immigration lawyers is that they want to get a paycheck just like everyone else.

If they tell you that it's going to be an uphill battle they know you're more likely to go with someone else who assures you that it will be a walk in the park.

Never take the word of just one Lawyer, consult with as many as you can and weigh their responses.