Can anyone help me? Denied i485, i130 and going through a divorce

[inluvwanija 3]

I'm not sure if I am in the right forum here, but I am hoping someone can help me.. I came to the us on a b1/b2 visa for the first time in 08 from Nigeria. When I came I met a woman, but I just didn't like being in the US, so I left. The woman I met and I kept writing and making phone calls back and forth, and we fell in love. In 09 I came back to the country, and a few months later we were married. Since then, I have found out that she isn't who said she was. She has been in and out of jail for many thefts, she has also become a lesbian. She left me for her 'girlfriend' in 2011. I have since met someone new, and I have fallen inlove with her. I filed for divorced in January of this year so I can marry my new girlfriend. Unfortunately, not even 1 month after I filed for divorce, I got a denial for my i485 and i130. My divorce won't be completed until the end of March. I am scared I will get deported. Has anyone been through a similar situation that can offer me some advice?

[Harpa Timsah 13,258]

Of course your I-130 and i-485 would be denied if you got a divorce. Why was that unexpected? Why is that "unfortunately?"

[Villanelle 4,122]

You left some important things out of your story.

When you came back to the country in 09 how did you come back? What visa type? When does it expire?

When did you file the 130/485 with your 'lesbian' wife?

When did you meet your new girlfriend?

[NigeriaorBust 4,087]

Your immigrant petition from your ex to be is denied. Even if you marry your new fiance it will look to immigration like a marriage for immigration benefits. You will most likely be denied especially if your soon to be ex reported anything bad about you when she pulled her support for the old petition. Your best bet is to return to Nigeria ( you will have a ban ) and have your future wife apply for a cr1 and hardship waiver. It will mean living in Nigeria for a bit but will probably have a higher success than trying to go from one bad marriage right into a new one and trying to convince immigration there is any validity to it all.

[inluvwanija 3]

Of course your I-130 and i-485 would be denied if you got a divorce. Why was that unexpected? Why is that "unfortunately?"

I knew they would be denied, but I am not sure if my ex has even contacted immigration to cancel the i485. As far as I know she didn't even know she needed to withdraw the i485.

[inluvwanija 3]

Your immigrant petition from your ex to be is denied. Even if you marry your new fiance it will look to immigration like a marriage for immigration benefits. You will most likely be denied especially if your soon to be ex reported anything bad about you when she pulled her support for the old petition. Your best bet is to return to Nigeria ( you will have a ban ) and have your future wife apply for a cr1 and hardship waiver. It will mean living in Nigeria for a bit but will probably have a higher success than trying to go from one bad marriage right into a new one and trying to convince immigration there is any validity to it all.

I am going to see an attorney this week to see her opinion, but I can prove my first marriage was real, and so will this second one be. I can't just return to my country and leave my fiancee here to deal with everything financially. She and I have bought a house, car, and everything together. That would definitely leave her in a bind. I am willing to fight and pay how ever much it takes to stay here.

I don't know if immigration will look at the fact my divorce was filed before my i485 was denied or not. I'm not sure how that is going to look.

When I got my intent to deny my i130 I told immigration there were problems in the marriage and we were considering divorce.

[inluvwanija 3]

You left some important things out of your story.

When you came back to the country in 09 how did you come back? What visa type? When does it expire? I came back here on a b1/b2 visa. It expired in 2010

When did you file the 130/485 with your 'lesbian' wife?We filed in August of 2009, right after we were married

When did you meet your new girlfriend? I met my new girlfriend in July of 2011

[LIFE'SJOURNEY 970]

A lawyer cannot help you on this denial, once divorce the reason for AOS went away. Marry the 2nd woman, file and hope/pray for the best. Save the lawyers fee, marry and re-file the 2nd AOS for this marriage.

This is the same advice a lawyer is going to give to you.

Edited February 17, 2013 by LIFE'SJOURNEY

[NigeriaorBust 4,087]

I am going to see an attorney this week to see her opinion, but I can prove my first marriage was real, and so will this second one be. I can't just return to my country and leave my fiancee here to deal with everything financially. She and I have bought a house, car, and everything together. That would definitely leave her in a bind. I am willing to fight and pay how ever much it takes to stay here.

I don't know if immigration will look at the fact my divorce was filed before my i485 was denied or not. I'm not sure how that is going to look.

When I got my intent to deny my i130 I told immigration there were problems in the marriage and we were considering divorce.

You don't have permission to work now that your AOS is denied if you had an EAD it is also void. Do not complicate things by working illegally.

[Penguin_ie 5,997]

*** Moving from AOS from Family Visa to AOS from Student Visa forum ***

[Villanelle 4,122]

You came on a business travel visa in 08. (there is no "I didnt like being here so I left (??) You had no choice. Your visa was up was it not? You had to leave unless you had an offer from the company to switch to an H1B visa?)

So you met a woman while here on bushiness travel began a relationship and when you returned again for business travel again in 09 you married her. (your b1 visa expired in '10) You immediately filed for AOS with her in Aug 2009.

You have since broken up with your spouse before the AOS was completed and the GC was issued. That means you can no longer adjust through your wife. Because you dont have a valid visa (your b1 expired in '10 they can issue deportation orders for you)

Now something is wrong here. You filed for AOS in 2009. It is 2013. That is 4 years ago! Are you saying that your AOS application has been pending for FOUR YEARS>? that does sound quite right... And then this sentence "When I got my intent to deny my i130 I told immigration there were problems in the marriage and we were considering divorce."

What do you mean- when you got your intent to deny? Did you get an intent to deny first? Or was the intent to deny a result of the fact you alerted them you were filing for divorce?

---

The main points are- Your current AOS has been denied. You do not have a valid visa right now. The Officer that denied you can issue deportation orders because of the fact that you do not have a valid visa. They may or may not do this. Because you had previously held 2 B1 visas they may say hmm well maybe he can obtain another one, or maybe he can obtain a HIB through his company, but its at their discretion. You are eligible for deportation.

As the other posters mentioned youd have to prove the second marriage is not for immigration benefits. Its going to be hard because of the fact that you are out of status and eligible for deportation. You first marriage had fallen apart and you wouldnt have been able to adjust so you 'needed' someone to adjust through. 'Magically' you fall in love and remarry just in time. Its suspiciously convenient and very hard to overcome. (esp if the dates do not line up)

[inluvwanija 3]

You came on a business travel visa in 08. (there is no "I didnt like being here so I left (??) You had no choice. Your visa was up was it not? You had to leave unless you had an offer from the company to switch to an H1B visa?)

No, I did not have to leave. I was here for a couple weeks, and I didn't like it. The company I came here with did offer me a position I decided not to take the offer because I didn't want to stay in the states.

So you met a woman while here on bushiness travel began a relationship and when you returned again for business travel again in 09 you married her. (your b1 visa expired in '10) You immediately filed for AOS with her in Aug 2009.

Yes, this is correct

You have since broken up with your spouse before the AOS was completed and the GC was issued. That means you can no longer adjust through your wife. Because you dont have a valid visa (your b1 expired in '10 they can issue deportation orders for you)

Now something is wrong here. You filed for AOS in 2009. It is 2013. That is 4 years ago! Are you saying that your AOS application has been pending for FOUR YEARS>? that does sound quite right... And then this sentence "When I got my intent to deny my i130 I told immigration there were problems in the marriage and we were considering divorce."

No it was pending for 4 years, and actually there are a lot of us in the same situation where pending seems to be almost permanent until I got my letter where I was denied.

What do you mean- when you got your intent to deny? Did you get an intent to deny first? Or was the intent to deny a result of the fact you alerted them you were filing for divorce?

I had decided on divorce, and hadn't started the process as of yet. I got the intent to deny letter in the mail, and decided to go ahead and let them know that we were going to get divorced. Before,I wanted to try to reconcile even though I had feelings for the new woman, because I didn't want to get divorced. I did care for her . But unfortunately her incarcerations, and her becoming a lesbian made up my mind.

---

The main points are- Your current AOS has been denied. You do not have a valid visa right now. The Officer that denied you can issue deportation orders because of the fact that you do not have a valid visa. They may or may not do this. Because you had previously held 2 B1 visas they may say hmm well maybe he can obtain another one, or maybe he can obtain a HIB through his company, but its at their discretion. You are eligible for deportation.

As the other posters mentioned youd have to prove the second marriage is not for immigration benefits. Its going to be hard because of the fact that you are out of status and eligible for deportation. You first marriage had fallen apart and you wouldnt have been able to adjust so you 'needed' someone to adjust through. 'Magically' you fall in love and remarry just in time. Its suspiciously convenient and very hard to overcome. (esp if the dates do not line up)

I can understand how it looks. My marriage was over a long time before the divorce and this is the case in a lot of marriages. It isn't so far fetched to believe that someone stays married because one party wants to reconcile and the other doesn't... My wife stayed with me simply for money. She doesn't work, and she is a criminal. I am assuming that will help me when I try to prove it was a real marriage. Why else would I have stayed with her, if not for love. Why would I have bailed her out of jail more than once??? I can prove the marriage was real but no one stay and stay after all that she has done unless they were a fool.

[NigeriaorBust 4,087]

Many non US residents will stay in relationships that are nit healthy simple as a way to stay in the US. They could care less that their spouse is older, impotent, ugly, crazy or any number of other unpleasant traits. Immigration sees it every day over and over.

[inluvwanija 3]

Many non US residents will stay in relationships that are nit healthy simple as a way to stay in the US. They could care less that their spouse is older, impotent, ugly, crazy or any number of other unpleasant traits. Immigration sees it every day over and over.

Thats fine for them but not for me. I would rather move on and risk my chances than stay with her.

[VanessaTony 3,567]

Thats fine for them but not for me. I would rather move on and risk my chances than stay with her.

But you DIDN'T move on, you waited to see if you'd get benefits (that's how it looks). You said:

My marriage was over a long time before the divorce... It isn't so far fetched to believe that someone stays married because one party wants to reconcile and the other doesn't... Why else would I have stayed with her, if not for love. Why would I have bailed her out of jail more than once??? I can prove the marriage was real but no one stay and stay after all that she has done unless they were a fool.

(edited)

USCIS will most likely see it like this: You stayed in the relationship while your AOS was pending because you wanted a greencard. You bailed her out of jail because you thought it would look better for you if she was with you at the interview, or because she blackmailed you to not help with the GC. You stayed with her hoping to get the GC but eventually you realised she wouldn't help you at the interview so you filed for divorce, cut your losses and found another USC to marry and AOS thanks to. Could also be that you married this woman as your REAL wife when the other one was just a gateway to the US.

Now that might not be what actually happened, but you have no way to PROVE that when a lot of the evidence (most likely you didn't advise USCIS you filed for divorce did you?) points to fraud.

It will be long and hard but if you're going to try, do it IN the country. It's easier to fight together.

Edited February 18, 2013 by Vanessa&Tony