Just married, ready to apply and alarming call from attorney

[pollypocketz 0]

Hi everyone. I am hoping someone Can provide some insight and calm my worried mind.

My husband and I were married recently and we have consulted an attorney to help us through the process. I am a USC and my husband is from Peru. He came here in 2000 on a fiancee visa as he married his childhood sweetheart.She came to the US before him. When he came to the US to be with her and marry her, time had passed. after they got married it became quickly apparent that things weren't going to work out. after she came to the US she became an evangelical Christian without telling him. her lifestyle had completely changed from when he knew her and she threw him out and filed for separation shortly after they married. they had already applied for his green card when they separated. his green card arrived but she never gave it to him as they lived separatley and then she filed for divorce. 13 years later we met, fell in love and married. I have been worried since we met about his status and wanted to consult an attorney soon after we married to begin the visa process. we saw the attorney Thursday and she told us everything looked and sounded ok. well last night she called and said she reviewed everything and she thinks that his first marriAge looks like it was not a good faith marriAge due to its length. she asked us to come back Monday to discuss. I haven't slept because I'm worried sick. Can he be denied based on a marriAge that took place 13 years ago? any insight would be appreciated.

[amykathleen2005 441]

Well, I think that if he got a greencard and then did not file for removal of conditions that he may actually be in removal proceedings at this point.

[pollypocketz 0]

Well, I think that if he got a greencard and then did not file for removal of conditions that he may actually be in removal proceedings at this point.

the lawyer called and checked his "a" number and he has never been called to court.

[belinda63 3,038]

I would say a time span of 13 years would show he is not shopping for a green card. If he was he would have remained in the US, gotten his green card, and removed conditions after the divorce. It would be different if say it had only been one or two years ago.

[pollypocketz 0]

thanks Belinda that makes me feel better. I just hope immigration will see it that way.

[JimVaPhuong 4,863]

He failed to remove conditions on the first green card, which means he's not free and clear of that first marriage. He cannot adjust status based on a new marriage because he entered with a K1 visa. He needs to remove conditions on that first green card. I think that's the point the lawyer was trying to get at. He needs to prove he didn't enter that first marriage in order to evade immigration law.

[pollypocketz 0]

Do you know what removing those conditions entail and how he can prove the first marriage was in good faith?

[Villanelle 4,122]

Well lets separate fact from possible speculation

Your facts

-he came on a k1

-they were married

-they filed for AOS

-his a# has never been to court

Your speculation

-his GC arrived and she never gave it to him as they were separated

You really have no proof his GC was issued do you? Did he say he went to an interview with his wife and was approved? Or just that he filed and assumed he was approved/she received the card and never gave it to him? Im leaning towards (or hoping) they never went to the interview and his GC was never issued. This would mean hes just a severely 13 yr out of status K1 visa holder.

Because like amy said if he failed to file to remove conditions 2 years after his card was issued- his A# would have shown up in the system and it hasnt.

So what you have now is a man who arrived on a K1 and overstayed it by 13 yrs. There are extraordinary circumstances, yes. He was married in good faith in the 90 days, he did file for AOS, but the GC was not issued as they separated/divorced before receiving it.

Sadly in a case like that, if you arrive on a K1 and you file for AOS and your marriage ends before the GC is issued your out of luck. In order to receive a GC, you must have a bonafide marriage. (I believe this is what the lawyer is referring to when she called and said it looks like based on the length it looks like its not a good faith marriage) However if the marriage ends AFTER the GC is issued, the immigrant spouse can file to remove the conditions on their own, if they can prove the marriage was entered into in good faith. So when the marriage ended is important in this situation. And if a GC was ever issued is important as well.

[pollypocketz 0]

I know that they went to the first interview. He says that the GC did come, but the wife did not give it to him, and allegeldy the room mate that lived with them who was a mutual friend told him that the gc did in fact arrive. But the marriage ended after the gc card arrived, but he never physically had the gc.

[pollypocketz 0]

The lawyer said that 13 years ago, immigration was not as on top of gc's that should be revoked due to divorce as they are now and probably he just slipped through the system.

[Villanelle 4,122]

Well, lets see.. Since this was 13 years ago... Im trying to think back.. Im not 100% sure if conditional GC were mandatory then or if it was an optional thing. (that the officer had the discretion of issuing)

There are 2 types of GCs they can issue. The initial 2 yr card and the 10 yr card. The 2 yr card comes with conditions. The couple must return in 2 yrs and show they are still married or the immigrant comes back alone and shows proof the marriage is over but it was in good faith. When either situation happens the immigrant is then issued a 10 year card.

Either way. Dealing with the facts at hand. Its good that your husbands A# is not in the system. It means hes not in the court system. Since you dont have the card, you dont know if it was the 2yr card he was issued though.

If it was the 2yr card he would have been required to lift the conditions after the divorce. If he didnt he would have been sent to court. (He wasnt) He can file to lift them now with an explanation as to why he didnt. But he needs proof his marriage was in good faith. Proof after all these years is going to be HARD to find, so youre going to have to work hard to get it. Take a look at the removal of conditions forum for examples of what you need. Copies of the divorce, statements from people that knew the couple, joint account statements, bills, insurance cards, Xmas cards, photos, emails, letters, joint memberships, basically anything that established them as a legitimate couple. They will accept his extremely late filing and if approved, he will be issued the 10 yr GC. If they dont approve his ROC (removal of conditions) because they dont believe his marriage was in good faith, then I believe he will have to leave the country as your marriage does not give him any status, and you will have to file a CR1 spousal visa to bring him back legally which can take apx 10 months.

Edited January 20, 2013 by capri

[Villanelle 4,122]

Edit- the conditional thing started in 1996. So it seems your husband would have been issued a conditional GC.

[belinda63 3,038]

OH, I was assuming he had returned home, didn't realize he was still in the US. This could be a problem for the fact that he would have to return home as he cannot adjust based on marriage to you if he came on a K-1. And the overstay would cause a ban which will require a waiver. Complications have arisen.

[Krikit 1,164]

Did he file to replace the original?

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=d0a33a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=d0a33a4107083210VgnVCM100000082ca60aRCRD

[pollypocketz 0]

He did not file to replace the original. I guess my confusion is, why after all these years does he have to prove the marriage was in good faith? Didnt they determine that when they issued him the gc in the first interview? Why does he have to prove it again?