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blackgarfield
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PurrSuede Collaborator

PurrSuede   0

Posted
Filed: Timeline
Posted
so I need a good immigration attorney, wish he/she could help me. Does anybody know a good immigration attorney in CT?

Well if this woman got divorced prior to even getting CONDITIONAL Status, she will likely be asked to leave the country by the USCIS, as I understand things. It's very possibly she's aware of that, and thinks if she finds someone to marry here, she might be allowed to stay.

You didn't say a lot about her original situation, but having been through a recent divorce from an alien immigrant spouse, if I were you I would look long and hard at her possible motives.

You sound like you'll do anything deparately to keep her here.... and you said nothing about why she divorced the original petitioner or why they divorced without getting conditional status. It's possible you might not even know the truth of the situation, if there was any kind of fraud involved to begin with.

As other people have said, get a good immigration attorney, and if you're truly that much in love with her, you may have to send her back home (you didn't say where that was) and try to bring her back on another Visa.

Again, I'm not an immigration attorney to advise you on the best ways to do all of this, but frankly, if I were you, I'd be highly suspicious of her true motives. Of course, that's easier said than done when you're "soooo in love" as you claim to be.

-- Dan

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sjoefl01 Community Regular

sjoefl01   1

Posted
Filed: K-1 Visa Country: Colombia
 Timeline
Posted

This whole scenario violates the intent of the K1 visa.

The K1 is meant to allow an American to marry a foreigner and bring them to the country. It is not meant to allow foreigners to come and shop for spouses. There is no visa for shopping.

The proper way to handle this would be for her to return to her country and begin the process again.

There may be some sleazy lawyer that knows a way she can stay. If I were you I would probably check. Be careful though. Lawyers are famous for telling you that they can fix your problems for money and then kicking you to the curb after you pay.

Be careful. You are in a terrible position. If you reaslly love her that much and you can't live without her then you should study the immigration laws and opportunities of her country. America has some pretty tough laws. It may be easier for you to live there. If she really loves you it wont matter where you live.

10 Nov mailed I 129F to TSC

16 Nov 29 Nov Notice date

3 Dec Received NOA 1

3 Jan 05 Please I just want to be touched

3 may 05 NOA2 E mail notification

7 May 05 Mail NOA2

11 May 05 sent petition to Bogota

18 May Packet 3 arrived

19 May Checklist taken to consulate

31 May Packet 4 delivered

29 June visa granted

1 July Visa delivered

Sometime in July Lucero came to US

13 Sept 05 Married

1 Nov 05 -USCIS recieved 485 and EAD

13 December RFE stupid things I should have included Returned very quickly

27 March received bio letter for New Orleans

7 Apr_06 Bio done in New Orleans

20 April 06 Touched on all applications

21 April Email received EAD approved

27 Apr Received EAD card

30 May 2006 Received appointment letter for JaX on 13 July 2006

13 July Interview successful approved

20 July Received green card

30 June 08 Sent I751 to remove conditions

25 July 08 Application returned erroneously incorrect fee

27 July mailed new application with separate checks

15 Sept 08 Application returned erroneously K2 not within 90 day timeframe

17 Sept Mailed 3rd application with mountains of proof of error copied Senator Mel Martinez

09 October 4th application package sent. This time they said the app signature page was a copy

10 Oct Sent package again 4th time.

25 Oct Received another NOA for Wife with $625 for the amount with one year extension

30 Oct 2008 Still nothing for step daughter. Checks still haven't cleared the bank

24 November Checks finally cleared the bank

February biometrics for wife Nothing for daughter.

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Boiler Grand Master

Boiler   44,928

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted (edited)
so I need a good immigration attorney, wish he/she could help me. Does anybody know a good immigration attorney in CT?

How long has she been here?

If less than 270 days it is fairly straightforward. You say you want to marry first, then she leaves and you apply for a K3/CR1, see the guides on this site.

More than 270 days and you add a waiver to the process as she will have a ban on re-entry.

If she has a ban, this lady is highly recommended on waivers:

http://www.visacentral.net./

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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sjoefl01 Community Regular

sjoefl01   1

Posted
Filed: K-1 Visa Country: Colombia
 Timeline
Posted

Boiler, Look at the OP's original post. She has been here since early 2005. That is almost 2 years without AOS or any owther contact with the USCIS. She is seriously out of status.[

quote name=Boiler' date='Nov 6 2006, 08:38 PM' post='551478]

so I need a good immigration attorney, wish he/she could help me. Does anybody know a good immigration attorney in CT?

How long has she been here?

If less than 270 days it is fairly straightforward. You say you want to marry first, then she leaves and you apply for a K3/CR1, see the guides on this site.

More than 270 days and you add a waiver to the process as she will have a ban on re-entry.

If she has a ban, this lady is highly recommended on waivers:

http://www.visacentral.net./

10 Nov mailed I 129F to TSC

16 Nov 29 Nov Notice date

3 Dec Received NOA 1

3 Jan 05 Please I just want to be touched

3 may 05 NOA2 E mail notification

7 May 05 Mail NOA2

11 May 05 sent petition to Bogota

18 May Packet 3 arrived

19 May Checklist taken to consulate

31 May Packet 4 delivered

29 June visa granted

1 July Visa delivered

Sometime in July Lucero came to US

13 Sept 05 Married

1 Nov 05 -USCIS recieved 485 and EAD

13 December RFE stupid things I should have included Returned very quickly

27 March received bio letter for New Orleans

7 Apr_06 Bio done in New Orleans

20 April 06 Touched on all applications

21 April Email received EAD approved

27 Apr Received EAD card

30 May 2006 Received appointment letter for JaX on 13 July 2006

13 July Interview successful approved

20 July Received green card

30 June 08 Sent I751 to remove conditions

25 July 08 Application returned erroneously incorrect fee

27 July mailed new application with separate checks

15 Sept 08 Application returned erroneously K2 not within 90 day timeframe

17 Sept Mailed 3rd application with mountains of proof of error copied Senator Mel Martinez

09 October 4th application package sent. This time they said the app signature page was a copy

10 Oct Sent package again 4th time.

25 Oct Received another NOA for Wife with $625 for the amount with one year extension

30 Oct 2008 Still nothing for step daughter. Checks still haven't cleared the bank

24 November Checks finally cleared the bank

February biometrics for wife Nothing for daughter.

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blackgarfield Newbie

blackgarfield   0

Posted
Filed: Timeline
  • Author
Posted

She's from China. She got divorce because her ex husband tried to control her and he changed his mind since she came here. He didn't like to talk to her anymore because she's already here and he always yell her. He went everywhere didn't say to her, but she must say to him where she went. do everything must say to him first. if he say no, she couldn't do. I know all of their stories, she's nice person, I can't believe her ex husband treated her like that. She wanted to divorce last year, just her friends said couple people always had argue, she'd better restrain herself. so...... but I knew she said to her ex husband several times she wanted to divorce. If she came here just for Green Card, she could keep this marriage until she get Green Card.

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Boiler Grand Master

Boiler   44,928

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted (edited)

So she has a 10 year ban, she could also try the VAWA route.

But why did she stay? Once divorced why did she not leave?

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Kez/JWolf Mentor

Kez/JWolf   6

Posted
Filed: Timeline
Posted
What's the VAWA meaning? She wanted to go home, just I didn't let her go. I don't want to, maybe you'll say I'm selfish, but I can't help, I love her.

You are holding her against her will???? she wanted to go home and you would not let her??? how long after her divorce did you meet her??? or was it while she was still married????

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Boiler Grand Master

Boiler   44,928

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

I think there was a film......

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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