Just married, ready to apply and alarming call from attorney

[pollypocketz 0]

He was not placed in removal proceedings. Our attorney verfied this. Are you saying then he can do the aos based on our current marriage?

[Darnell 8,479]

In the case of a k1 visa, you cannot marry anyo ne else but your original petitioner. Period!!! He should've retained an attorney to got a duplicated I90 and remove the condition if a GC were issued.

luckily, that fella did that. (marry the original petitioner)

luckily, AOS was applied for and a 2 year green card awarded after. (with the original K-1 petitioner )

What bites is that he's been out of status for for about 11 years. Maybe 10.

So, when the attorney files the Adjustment of Status Paperwork on yer fella NOW -

make sure it's clear (through letter of attestation perhaps..) that yer fella had status , had a visa, entered the country legally, applied for and received a 2 year card based on marriage to the K-1 petitioner.

Show that? I think yer fella will be ok .

[Villanelle 4,122]

Yes, bigdog makes an excellent point. Not all immigration attorneys are created equal. Do not just blindly listen to what they have to say and do not allow them to file anything with out being absolutely sure its what you want to do and its the correct procedure (meaning submitting something thats going to say hey Im illegal here I am come get me, or sending him out of the country where he wont be allowed back in due to a ban nobody told you about) Get more then one opinion.

Sadly some attorneys will file anything for you and collect your money even if your case has zero chance of being approved. Some attorneys will put you on the wrong path because its outside of their scope of expertise. While they can sit across from you and tell you they care deeply about your situation, when you walk out their door they close your file and put it back in the drawer. It doesnt weigh on their minds at night like it does yours.

[Harpa Timsah 13,258]

This is a bit of a mess, and I would get a second opinion on the next steps, whether start fresh or try to file ROC. You can get a second opinion, you know.

[DC85 113]

I already answered your question. your husband can't file ROC, because he is not with the same spouse. you are stressing yourself without need !!

you just need a good lawyer, my lawyer told me about a lot of stories similar to yours, and they ended up getting a GC, no need to panic

Edited January 21, 2013 by myafi1985

[Kathryn41 3,205]

It appears that you should be able to apply for AOS on the basis of your own marriage. There is no grounds upon which he can apply for Removal of Conditions and it is highly unlikely filing 11 years after the deadline would be accepted even if he had grounds, so please do not use this lawyer. He sounds inexperienced in immigration law.

I think your husband should be prepared to prove that the first marriage was not entered into for immigration purposes. Documentation may no longer exist, but an explanation of the timeline involved, the effect of long distance on a long-standing relationship and the life choices of his ex-wife that changed the understandings and expectations he had for their marriage are reasonable. Marriages do break down, especially when stressed in such ways. Since he received his green card, he basically didn't remove conditions on it when it was necessary, so he is out of status in the US. He must not leave the US as if he does he will incur an automatic ban on re-entry for 10 years. Once the new green card is approved, then his out of status time will be forgiven.

It is unlikely USCIS is going to pursue 'fraud' charges at this point in time, especially as he has never been placed in removal proceedings, and so many years have passed. He will be questioned upon the circumstances, however and you can expect some hard questions. The fact that she threw him out is in his favour. Did she also file for the divorce, or did he?

[VanessaTony 3,567]

He was not placed in removal proceedings. Our attorney verfied this. Are you saying then he can do the aos based on our current marriage?

Yes I'm saying he is able to file for AOS based on his marriage to you.

The only problem you MIGHT face is them thinking this relationship is fraud. Given he's been out of status for 11 years it wouldn't seem likely they'll think this relationship is fraud, unless of course he's tried to AOS from other people since his last wife.

Put your packet together, be prepared for a Stokes Interview (just in case - google it if you don't know what that is) and think positive!

[Kathryn41 3,205]

One thread has been moved from the Removal of Conditions forum and merged with a duplicate thread already in this forum.

~~~~~~~~~~~~~~~~~~~

Moderator hat off . .

A consultation with a GOOD immigration lawyer is probably in order. The OP had a green card and the status expired. It was not denied. He basically fulfilled the terms of the K-1 visa - got married to his petitioner and received a green card. It was a 2 year conditional green card, the condition being that he needed to prove the validity of the marriage to obtain a 10 year green card. Whether or not USCIS would even accept a petition to remove conditions on a green card that expired 11 years ago - or if USCIS even could approve a ROC under those circumstances - is something that needs to be addressed through an understanding of the relevant legislation. The OP filled the conditions of the K-1. He did not seek to extend the 2 year green card so was out of status. The legislation does not address the issue of someone who did marry and receive a green card after marrying his petitioner but who then did not apply for an unconditional green card. He is out of status now. The question is how will USCIS see this? As some one who received a green card, thus satisfying the requirements of the K-1 - or as someone who was required to satisfy the requirements of the K-1 twice? That is why a consultation with a good immigration lawyer is advisable.

My interpretation - and it is only mine - is that it appears he did satisfy the condition of the K-1 visa - he married his petitioner and he did adjust status through that petitioner. The legislation does not say a 10 year green card or a non-conditional green card - it says 'adjusts status'. He received his green card. It has now expired so he would be re-applying for another green card which will also be a 2 year card.

Edited January 21, 2013 by Kathryn41

[hmh33 117]

I do understand your situation and am very sympathetic to your husband. I also went through the immigration process apx a decade ago when I was young and it was confusing and overwhelming. BUT, they do explain it to you in the interview. That you are receiving a conditional GC. They tell you quite clearly that you must come back in 2 years OR ELSE> (13yrs ago the conditional GCs were still rather 'new', the program was less then 4yrs old, so they were still stressing the importance of the terms of them to the immigrants who received them, both in the interview and in the subsequent papers that accompanied the card in the mail) Also they tell you at the interview in general terms that you are 'approved'. Your card will come in the mail apx 2 weeks or so later. So it would seem he and his spouse attended the interview together (they would have had to- its mandatory) and then immediately afterwards they separated.

Just wanted to point out that interviews differ - at mine, the 2 year conditional status was not mentioned at all, nor was the need to file I-751. Of course I know about it, but the IO didn't mention it.

[VanessaTony 3,567]

I do understand your situation and am very sympathetic to your husband. I also went through the immigration process apx a decade ago when I was young and it was confusing and overwhelming. BUT, they do explain it to you in the interview. That you are receiving a conditional GC. They tell you quite clearly that you must come back in 2 years OR ELSE> (13yrs ago the conditional GCs were still rather 'new', the program was less then 4yrs old, so they were still stressing the importance of the terms of them to the immigrants who received them, both in the interview and in the subsequent papers that accompanied the card in the mail) Also they tell you at the interview in general terms that you are 'approved'. Your card will come in the mail apx 2 weeks or so later. So it would seem he and his spouse attended the interview together (they would have had to- its mandatory) and then immediately afterwards they separated.

I haven't interviewed since my K1 visa interview in Australia in 2009. K1's don't always get an interview for AOS. I only know about the rest of the process because of being on VJ, I most likely wouldn't have known why the card is only valid for 2 years or what I would have to do if it wasn't for VJ. Scary really...

Some K1's don't even know they can ONLY AOS thanks to their petitioner.

Edited January 21, 2013 by Vanessa&Tony

[Villanelle 4,122]

^Yeah but were talking about an interview that occurred 13 years ago. Like I said the conditional GCs were rather new back then. The law was passed in 1996. The OPs husband would have been issued a conditional GC around 2000. I was in immigration offices during that time. The conditional GCs were still "new" and a BIG deal. They were apx 4 years old in 2000. There were posters and flyers and infomercials running on the TVs in both English and Spanish, depending on the demographics of the location of the office and the people it served.

Granted I dont know which office he was at or what was said or not said at the interview. And like I said, usually ignorance is not a defense in failing to file papers or follow procedures. But when it comes to filing a late ROC application- there is no penalty. They will accept the application late with an explanation- theres no penalty in relation to the form not being accepted. The penalty is suppose to be an outside penalty- which the husband seems to have slipped through, in which youre suppose to be referred to immigration court.

[pollypocketz 0]

I spoke to the lawyer today. She says that we are filing a new AOS based on our current marriage. She says that she doesnt anticipate problems filing the AOS, she just wanted to know the full story about his first marriage in case it comes up at our interview. He wasnt clear when we were in our initial interview.

[Darnell 8,479]

well, there ya go.

cool !

[pollypocketz 0]

I truly appreciate everyones help with this. I am sure I will have more questions along the way!