Very complicated situation.

[bldblade 0]

First of all, I'm not even sure if this topic is in the right category. It's a very long story and I need help with the process.

I was born in Europe, got married and had one daughter. When she was 13, I left my country to come into the United States. I thought it will be only temporary. (This was 8 years ago).

I had a work contract and during my stay here, I met an American woman and I started seeing her. ( I was still married at that time, with my European wife. )

My relationship with my then current wife got cold and we divorced. I married the American and we moved together. I was focused on her and my work but my daughter still meant everything to me and I was providing for her as much as I could. I became a citizen, without having any problems in the process. It was 2007 and I started petitioning for my daughter. I used a lawyer, but the process took a really long time.

Meanwhile, I divorced from my wife and we parted ways. My wishes of bringing my daughter here finally came true, eventually. She now has a greencard, for 10 years.

She came here last year, having mixed thoughts about leaving home. She started liking it, having a job and going to college. But of course, she missed her mother. They used to be inseparable.

Using a Visa Waiver Visa, her mother came here for a visit. It has gotten all of us together and me and my wife got back together quite soon. It took about a month until I remarried my first wife and our family is together just like the first time. However, both my daughter and my current wife still want to travel and visit relatives from back home. This is a little complicated for my wife, since she has a VWP.

And here is where we need help. We've heard stories about VWP causing problems when it comes to marriage. What would be the best option for us ?

The story itself could seem funny to the INS. What should we do? Should she stay here, file for status adjustment. or go home and try with the spouse visa ?

Maybe there are things that we should know and we don't. Any help is appreciated.

[VanessaTony 3,567]

The situation isn't as complicated as you make it sound. You are a USC. You re-married your ex-wife and want to petition for her LPR status. She is here on the VWP currently. The only issue there MIGHT be is USCIS (it's not been INS for quite some time) thinking that your marriage to your USC wife was fake and for a GC. It appearss though that you divorced your USC ex-wife many years ago so I doubt this will be an issue.

If you want to file for AOS then you need to file the I-130 and I-485. You are better off doing it BEFORE her I-94 expires to avoid any possible issues.

The alternative is file the I-130 while she's here, then have her leave before her VWP time is up. She will process a CR-1 visa from the UK. This gives her time to work, earn more money, sell and/or post her possessions. She will get a GC on entry whereas filing AOS now she won't be working for a couple of months. This route is preferable in my opinion.

p.s. Have you looked into the N-600 for your daughter? I don't know enough about your personal situation to know if it's a valid option. I suggest you look into it though.

[bldblade 0]

The situation isn't as complicated as you make it sound. You are a USC. You re-married your ex-wife and want to petition for her LPR status. She is here on the VWP currently. The only issue there MIGHT be is USCIS (it's not been INS for quite some time) thinking that your marriage to your USC wife was fake and for a GC. It appearss though that you divorced your USC ex-wife many years ago so I doubt this will be an issue.

If you want to file for AOS then you need to file the I-130 and I-485. You are better off doing it BEFORE her I-94 expires to avoid any possible issues.

The alternative is file the I-130 while she's here, then have her leave before her VWP time is up. She will process a CR-1 visa from the UK. This gives her time to work, earn more money, sell and/or post her possessions. She will get a GC on entry whereas filing AOS now she won't be working for a couple of months. This route is preferable in my opinion.

p.s. Have you looked into the N-600 for your daughter? I don't know enough about your personal situation to know if it's a valid option. I suggest you look into it though.

What exactly is the N-600 ? I don't believe I've heard of it before.

The one thing I heard from people is that she is risking a lot by filing the I-130 and I-485. They also suggested for her to simply go back into our homecountry and for us to try with a Spouse Visa. But that could take up to one year.

[VanessaTony 3,567]

What exactly is the N-600 ? I don't believe I've heard of it before.

The one thing I heard from people is that she is risking a lot by filing the I-130 and I-485. They also suggested for her to simply go back into our homecountry and for us to try with a Spouse Visa. But that could take up to one year.

In the event she's denied she can't appeal the denial. You are right the spousal visa takes quite some time but I'm assuming if this truly was a visit she has some things at home she needs to take care of. However if you want to try the AOS here route (which she's eligible for) remember she can't leave for around 3 months (until she gets AP) and she can't work for about 3 months either. You also MUST file before the I-94 expires in order to give her the best chance (both retaining her status and not risking denial for applying after it expires).

The N-600 is your daughters application for USC. Because you are a USC she is eligible for USC if she fulfils the conditions. Like I said I don't know enough about your personal situation but i suggest you read the instructions to see if she qualifies: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a936cac09aa5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD Make sure you read the instructions thoroughly.

[kzielu 1,149]

The only issue there MIGHT be is USCIS (it's not been INS for quite some time) thinking that your marriage to your USC wife was fake and for a GC. It appearss though that you divorced your USC ex-wife many years ago so I doubt this will be an issue.

It's the most classic immigration scam scenario - I would not underestimate this and gather as much evidence as possible that it was not the case here.

[Laure&Colin 558]

First of all, I'm not even sure if this topic is in the right category. It's a very long story and I need help with the process.

I was born in Europe, got married and had one daughter. When she was 13, I left my country to come into the United States. I thought it will be only temporary. (This was 8 years ago).

I had a work contract and during my stay here, I met an American woman and I started seeing her. ( I was still married at that time, with my European wife. )

My relationship with my then current wife got cold and we divorced. I married the American and we moved together. I was focused on her and my work but my daughter still meant everything to me and I was providing for her as much as I could. I became a citizen, without having any problems in the process. It was 2007 and I started petitioning for my daughter. I used a lawyer, but the process took a really long time.

Meanwhile, I divorced from my wife and we parted ways. My wishes of bringing my daughter here finally came true, eventually. She now has a greencard, for 10 years.

She came here last year, having mixed thoughts about leaving home. She started liking it, having a job and going to college. But of course, she missed her mother. They used to be inseparable.

Using a Visa Waiver Visa, her mother came here for a visit. It has gotten all of us together and me and my wife got back together quite soon. It took about a month until I remarried my first wife and our family is together just like the first time. However, both my daughter and my current wife still want to travel and visit relatives from back home. This is a little complicated for my wife, since she has a VWP.

And here is where we need help. We've heard stories about VWP causing problems when it comes to marriage. What would be the best option for us ?

The story itself could seem funny to the INS. What should we do? Should she stay here, file for status adjustment. or go home and try with the spouse visa ?

Maybe there are things that we should know and we don't. Any help is appreciated.

The fact that she came with VWP and married to you within a month will raise questions on her intent when she entered, if you go the AOS route. What she's supposed to do is go back home before her 3 months expire, and you start a CR1 route. The law does not prohibit her from coming back to visit you while the petition is pending, although she might need to prove ties to her home country, and there's always a risk of being denied entry.

The fact that you got your citizenship through marrying a USC, divorced, married your first foreign spouse again and apply for her to immigrate is going to raise big red flags, so be prepared to be scrutinized and suspected of immigration fraud.

[bldblade 0]

In the event she's denied she can't appeal the denial. You are right the spousal visa takes quite some time but I'm assuming if this truly was a visit she has some things at home she needs to take care of. However if you want to try the AOS here route (which she's eligible for) remember she can't leave for around 3 months (until she gets AP) and she can't work for about 3 months either. You also MUST file before the I-94 expires in order to give her the best chance (both retaining her status and not risking denial for applying after it expires).

The N-600 is your daughters application for USC. Because you are a USC she is eligible for USC if she fulfils the conditions. Like I said I don't know enough about your personal situation but i suggest you read the instructions to see if she qualifies: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a936cac09aa5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD Make sure you read the instructions thoroughly.

I thought there's no way for my daughter to become a citizen, since she's past 18 years now. Unless she waits a few years, of course.

I guess the best option would be for my wife to return home, and not to try adjustment of status.

[VanessaTony 3,567]

I thought there's no way for my daughter to become a citizen, since she's past 18 years now. Unless she waits a few years, of course.

I guess the best option would be for my wife to return home, and not to try adjustment of status.

There is a way. Read the instructions of the N-600. There is a note at the bottom of the first column on page 1. Again I don't know your personal circumstances but it IS possible for some people.