Out of status?

[MO-MO1974 7]

Confused, why didn't you file the I-485 along with the I-130 with your current wife? And if your latest I-130 was file in 2009 it has long expired. You have a 10 year ban once you leave. Your wife, provided she is a US Citizen, will file a new I-130, etc. if it is approved you will go through consular processing for the immigrant visa and be denied due to the ban. Your wife will need to file the I-601 waiver, I don't think you need the I-212 with a voluntary departure, and if the waiver is approved you might be granted an immigrant visa. You are looking at about 18 months or longer for the process to complete.

Alsoin the letter confirming the approval from immigration in 2009,it stated that they were waiting on the out come of the immigration court before proceeding and after I was given voluntary departure,we filed the I-824 which o the USCIS website says it is at the stage of initial review

[MO-MO1974 7]

If you came to the US through an I-130, then you should have gotten a green card automatically without the need to adjust your status.

What really happened?

Did you mean you got a conditional green card and fail to adjust or did you come in on a non-immigrant visa and then your ex files the I-130 and I-485?

Regardless of how you got here, you have been out of status for a very long time.

The reason you were in removal (deportation) was because you were out of status. The US does not start removal proceedings until a person is out of status.

You were out of status once you got divorced in 2007 if you never got a green card or did not remove the condition on your green card.

Don't know what you were thinking. You can't have a I-130 from your ex who is the petitioner and hen subsequently only file the I-485 with a different petitioner. Essentially you tried to file to adjust with your new wife based on an I-130 that she ha nothing to do with.

With the voluntary departure (deportation - the only voluntary about your departure is that you are buying the plane ticket and not ICE), you have a 5 years ban starting on June 27, 2013. It ends on June 28, 2018. You will need a hardship waiver for this if you want to come back before 2018.

With more than one year of unlawful presence (you have 6 years if unlawful presence), you have a 10 years ban starting on June 27, 2013 and ending in 2023. You will need a different hardship waiver for this too.

So two waivers after your immigrant visa denial next year if your wife files a new I-130 for you.

Right now, you are still out of status. You are simply given the courtesy of wrapping up your life before you leave.

to the emboldened part of quote.....

that is what I got to find out when I got a lawyer.did not know that I should have gotten a green card right at entry which shocked me.I did not get a conditional green card,my I-130 was approved before I left the country and was given a K-3 classification

[NigeriaorBust 4,087]

^points

^{entry :K-3 visa in oct 2006(expires 2008)}

^{divorced jan 2007}

^{remarried feb 2007}

^{filed new I-130 in 2007 with adjustment of status}

^{Adjustment of status was denied 2007 and placed in removal proceedings}

^{New I-130 approved 2009 with status changed to IR-6}

^{given voluntary departure in 2013}

^{You entered with a K3 no immediate green card and yes you needed to adjust status.}

^{You divorce within 3 months of entering and get married a month later ???? How are you going to prove your first green card wasn't fraud just to get you here so you can marry wife number 2. Sorry but Lagos is going to be all over you with that time line. How did you meet your second wife and when ?}

^{What was the finding that they denied you AOS in 2007 ? '}

^{You will need a waiver for being deported and for the overstay. You will need a lawyer, you are not a do it yourself case I would get a NEW lawyer. Check out the recommendation on immigrate2us.net}

[MO-MO1974 7]

^points

^{entry :K-3 visa in oct 2006(expires 2008)}

^{divorced jan 2007}

^{remarried feb 2007}

^{filed new I-130 in 2007 with adjustment of status}

^{Adjustment of status was denied 2007 and placed in removal proceedings}

^{New I-130 approved 2009 with status changed to IR-6}

^{given voluntary departure in 2013}

^{You entered with a K3 no immediate green card and yes you needed to adjust status.}

^{You divorce within 3 months of entering and get married a month later ???? How are you going to prove your first green card wasn't fraud just to get you here so you can marry wife number 2. Sorry but Lagos is going to be all over you with that time line. How did you meet your second wife and when ?}

^{What was the finding that they denied you AOS in 2007 ? '}

^{You will need a waiver for being deported and for the overstay. You will need a lawyer, you are not a do it yourself case I would get a NEW lawyer. Check out the recommendation on immigrate2us.net}

now this is confusing

I have been under the impression that the I-485 was denied but it was the I-130 that was denied on the basis on marital fraud due to an inconsistency in our answers.we were asked how many times did I propose to my wife and i said 3 while she said 1 and because of that it was determined that we entered into a marital fraud and I also have a NOTICE OF APPROVAL OF RELATIVE IMMIGRANT VISA PETITION (I-130)

the same I-130 (same receipt numbers on denial letter and approval letter) that was denied on the basis of marital fraud,2 years later got approved and my classification changed from K-3 to IR6(201b) and at the tail end of the letter it says the original I-130 form is being retained pending the decision by the immigration judge who went ahead and gave me voluntary departure

A lot of confusion there and sorry for my part in it not being clear on what was denied.

Now to my I-485,the last letter i got was in sept 20 2012 for biometrics and havent heard anything with regards to that

Question:SO IF I WAS DENIED BASED ON MARITAL FRAUD AND 2 YEARS LATER GET THAT CHANGED TO AN APPROVAL AND WAS TOLD TO WAIT TILL IMMIGRATION JUDGE MAKES A DECISION,WHY AM I BEING GIVEN VOLUNTARY DEPARTURE FOR SOMETHING SEEMS WRONG HERE.

i WAS DENIED,THEN APPROVED WHICH MEANS ??????

sorry for caps

[MO-MO1974 7]

^points

^{entry :K-3 visa in oct 2006(expires 2008)}

^{divorced jan 2007}

^{remarried feb 2007}

^{filed new I-130 in 2007 with adjustment of status}

^{Adjustment of status was denied 2007 and placed in removal proceedings}

^{New I-130 approved 2009 with status changed to IR-6}

^{given voluntary departure in 2013}

^{You entered with a K3 no immediate green card and yes you needed to adjust status.}

^{You divorce within 3 months of entering and get married a month later ???? How are you going to prove your first green card wasn't fraud just to get you here so you can marry wife number 2. Sorry but Lagos is going to be all over you with that time line. How did you meet your second wife and when ?}

^{What was the finding that they denied you AOS in 2007 ? '}

^{You will need a waiver for being deported and for the overstay. You will need a lawyer, you are not a do it yourself case I would get a NEW lawyer. Check out the recommendation on immigrate2us.net}

to the emboldened,I had met my present wife before i met my ex-wife but there was no relationship then,the relationship started after I got thrown out by my ex-wife who had eyes on someone else.her daughter attested to this in a letter to the USCIS which i still have copies of.

I was accused of marital fraud hence the denial (1 inconsistency in our answers.we were asked how many times did I propose to my wife and i said 3 while she said 1)

Lawyer from here or Lagos?

[belinda63 3,038]

So you currently have an approved 1-130? and you have filed for the I-485? and you are married to a US citizen? So you shouldn't have to leave, you should explain this to the immigration judge and he should delay everything until the I-485 is approved or denied.

[MO-MO1974 7]

So you currently have an approved 1-130? and you have filed for the I-485? and you are married to a US citizen? So you shouldn't have to leave, you should explain this to the immigration judge and he should delay everything until the I-485 is approved or denied.

yes io have an approved I-130 and a pending I-485