dont even know where to start

[NigeriaorBust 4,087]

There is a very good lawyer that is a member here. Marc Ellis. I would get a consulatation with him and ask him what the options are and who he thinks is the best to handle this type of case. He is one of those that other lawyers quote and doesn't charge ridiculus rates. His VJ name is ellisisland and his contact is marcellislaw@gmail.com

Edited August 10, 2012 by NigeriaorBust

[HuklerYenny 21]

@ Harpa Timsah Since you are stating it is impossible to go through AOS,then it is possible if we marry here in the US and I file the CR-1? Do you know the fees for a hardship waiver and the best way to approach getting one for this situation? I realize a lawyer is what we really need but due to having to pay money to the ex in laws and his inability to work a decent job - money is a factor and we are hoping to learn as much as we can in order to find a legitimate good lawyer to invest in and hopefully not retain someone who cannot get the job done as we have spoken to a couple that didn't sound very promising . @ everyone Thank you so much for your responses we are trying to stay optimistic in this but it is a very scary situation and all of your suggestions and advice are greatly appreciated

OP, savingsam, forgive me for being skeptic, but if I were you, I would be extremely careful about him. He has gone through a lot and definitely will have a lot more experiences in regards to these types of immigration issues than you. With your limited resources and three kids of your own, you'll need to make sure you can take care of yourself and your own family before deciding investing your time and resources on his problem.

You love him, but make sure you can "afford" that love!!!!

I'm telling you this relationship is not a normal and typical one. It'll be very costly, based on what you've said so far in this thread (don't expect it to be a DIY case but rather hiring an experienced immigration lawyer). Be prepared, emotionally and financially.

Edited August 10, 2012 by HuklerYenny

[Que Saudade 284]

Please limit posts to helping answer the OP's question, not pass personal opinion rather she should be in the relationship or not. That is irrelevant. She has loved him for 2 years, she is not going to stop because someone on VJ warned her. Her life.....

K1 should no longer be relevant- he entered on K1, married, didn't adjust, divorced.

Harpsa is correct that if they were to get married, they can't adjust.

It is relevant. If he is going to adjust, it has to be through his approved K1. See my post regarding Matter of Alfred Sesay, 25I&N Dec. 431 (BIA 2011) & Matter of Le, 25 I&N Dec. 541 (BIA 2011) He can still adjust even though he is divorced. My post explains and cites references. Once he adjusts his status and gets LPR status, they then can get married.

Edited August 10, 2012 by Que Saudade

[HuklerYenny 21]

Please limit posts to helping answer the OP's question, not pass personal opinion rather she should be in the relationship or not. That is irrelevant. She has loved him for 2 years, she is not going to stop because someone on VJ warned her. Her life.....

Harpsa is correct that if they were to get married, they can't adjust.

It is relevant. If he is going to adjust, it has to be through his approved K1. See my post regarding Matter of Alfred Sesay, 25I&N Dec. 431 (BIA 2011) & Matter of Le, 25 I&N Dec. 541 (BIA 2011) He can still adjust even though he is divorced. My post explains and cites references. Once he adjusts his status and gets LPR status, they then can get married.

I want to drive a Ferrari too. That doesn't mean I will drive one, unless I can AFFORD it!!!! I just wanna point out the same thing with the OP's relationship.

[Que Saudade 284]

I want to drive a Ferrari too. That doesn't mean I will drive one, unless I can AFFORD it!!!! I just wanna point out the same thing with the OP's relationship.

I am assuming your statement is about the OP's financial ability regarding this process.

The issue isn't about her finances, the issue is about his legal options to remain in the US and eventually their marriage. This entails his ability to adjust status to LPR prior to them getting married. He can ONLY attempt to adjust status as I previously outlined. Burden of Proof will be on him to show all the required documentation to do that. Once he goes through the adjustment status and becomes a LPR, he is legally able to stay and remarry.

Discussing her finances, or lack thereof, is an irrelevant part of this thread, nor did the OP request advice on her finances. How they pay for any part of this process is completely their business.

[savingsam 1]

Thank you Que Saudade for the case links and to the others for lawyer recommendations.. I will never drive a Ferrari since it is nothing more than a material item as is money... But I will stand by this man because he is a wonderful person stuck in a crappy situation where evil people treated him worse than a dog and threaten his family they would have to pay them $100,000 if they were gonna follow through with helping him. It sickens me to know that this kind of thing exists right here in my own backyard, this is not his fault nor did he realize his life would be like this by coming here. With that in mind we will keep our faith and do what it takes to make this right. Thanks again to all for your help.

[Mark + Melissa 49]

My boyfriend came here on a K1 visa 5yrs ago and married his fiancee as required but then his fiance and her family would not allow him to get a work permit and instead forced him to work within the families business and did not pay him saying he owed them for bringing him here. They would not allow him to ever leave anywhere without them and refused to sponsor him to get his employment or green card this went on for a full yr after the marriage before he could not take it anymore and basically went into hiding from them as he had no family, friends or knowledge of this countries laws or any money for a lawyer and no one would help him,

You're saying for that for 5 years he illegally worked, and knew it was illegal, and received no pay so now he's "hiding" from this family he was supposed to marry into because he had NO friends, no family, and no knowledge of laws? He was illegal for more than 5 years, and didn't know what to do?

I'm sorry but I don't believe it. Immigration has been such a hot topic these last several years there is NO WAY he didn't know what to do. In order to survive as an illegal in this country, you HAVE to have friends who help you hide, get false documents etc. How did he EAT for 5 years if he received no money, and was in hiding? How did he get clothes? LIVE somewhere? He KNEW he was illegal, and he made no attempt to return home. All he had to do was walk to the nearest police station, and he would have been deported back to his home country, to the loving arms of his family at no expense to himself, while getting free room and board waiting for the proceedings to complete.

[Kajikit 65]

Taking a different tack - your boyfriend and his family are being blackmailed. Sounds like he was being used as ongoing slave labour too. That is a SERIOUS crime. Since it's going on internationally I'm sure it's even more serious (crossing state lines and all that stuff). This is a major police matter. Do you have any concrete evidence of any of this? Because your boyfriend is a victim here, not a criminal, and there are laws to protect him.

[Impossible 30]

Thank you Que Saudade for the case links and to the others for lawyer recommendations.. I will never drive a Ferrari since it is nothing more than a material item as is money... But I will stand by this man because he is a wonderful person stuck in a crappy situation where evil people treated him worse than a dog and threaten his family they would have to pay them $100,000 if they were gonna follow through with helping him. It sickens me to know that this kind of thing exists right here in my own backyard, this is not his fault nor did he realize his life would be like this by coming here. With that in mind we will keep our faith and do what it takes to make this right. Thanks again to all for your help.

Where do you live in the states. I know a very good lawyer.