Lawyers can't handle my case!

[Rafael85 1]

Speaking from the little experience i have for my case is almost like yours but i was married for less and when i tried to adjust,I was denied and had to start the process all over and am almost at the end of it now.best advice i can give u is to have your fiancee/wife file for you and go through the spousal visa route.Make sure you can prove that your 1st marriage was bonafide and then u might get some luck with the process I wish you the best of luck

Thanks for sharing your experience with me, did you have a conditional green card from your first wife ? and did you have to leave the US an start the whole process again while you're in your home country ?

[MO-MO1974 7]

Thanks for sharing your experience with me, did you have a conditional green card from your first wife ? and did you have to leave the US an start the whole process again while you're in your home country ?

I did not have a conditional green card but I had come in on K-3.and when I had remarried,I had filed a new I130,485 at the same time and when i went for my interview and was denied and sent over to immigration court,I had a new approved I-130 already.and when i got voluntary departure,i petitioned USCIS to continue with the process and i left thje country to finish it in my country.you will most likely get a refusal and will have to start the process afresh

[Shiobhan 235]

Really the immigration process is not

cheap and one gets what they pay for

even though there are no garantees

[LBeachey 45]

If your marriage was bonafied and with good intent you can remove condition on your gc. Good intent doesn't mean it will always work. If you can prove that you were married for all the right reasons gather your evidence send your roc package and go to the interview. If they deny you because they think its a sham marry your current fience if you both love each other and adjust through her. Of course its gonna be needle eye scrutinize but once its a bonafied marriage you have nothing to lose. Adjudicator are human like us and just like usc marrying usc it don't always work and ppl remarried and some even have blended family so its not the end of the world I have a very good and experience lawyer i can pm you his info if your in the tristate area.

When does your 2-year green card expire? Hopefully, it hasn't. Are you legally divorced yet? You need to apply to remove conditions once the divorce is final or at 90 days before the green card expires. As howtosurvive mentions, you need to make your best case that you entered into the first marriage in good faith looking to make it work. You are unlikely to be able to adjust status or start over due to the new relationship, you need to prove that the first marriage was bonafide but did not work out. Good Luck!

[JonathanC13 36]

Better call Saul

[Karee 4,191]

Better call Saul

[Darnell 8,479]

Rafael85

My 2 cents. You're still here in the USA, current on a green card. Right ?

IMO, marry your fiance. File the I-130 paperwork. Leave the USA 2 days before your greencard expires. Surrender your green card to the US Embassy in your 'home country'.

Time Passes, you attend a CR-1 visa interview back in your 'home country'.

Whatcha think? I think this route is do-able, but - what do you think ?

[nota bene: you are required to file the ROC when the divorce is finalized. you haven't done that, and are basically living on the fringe]

[sparkles_ 456]

I didn't read the other replies, but IMO Lawrence Holmes is someone you need to get in touch with. Yes, his fees are up there ($1900 quoted for my K1 case) but the guy has an amazing track record. Consultation is free, I talked his ear off for 40min, he takes payments AND he was kind enough to tell me our case isn't that complicated and I could do it alone if i wish. If I use a lawyer for our case I won't be using anyone but him.

http://www.kvisas.com/Fiancee-or-Spouse.shtml

Edited October 9, 2013 by beccabecca

[Rafael85 1]

When does your 2-year green card expire? Hopefully, it hasn't. Are you legally divorced yet? You need to apply to remove conditions once the divorce is final or at 90 days before the green card expires. As howtosurvive mentions, you need to make your best case that you entered into the first marriage in good faith looking to make it work. You are unlikely to be able to adjust status or start over due to the new relationship, you need to prove that the first marriage was bonafide but did not work out. Good Luck!

It will expire in a year, the divorced is not yet finalized but we've been separated for a long time

[Rafael85 1]

Rafael85

My 2 cents. You're still here in the USA, current on a green card. Right ?

IMO, marry your fiance. File the I-130 paperwork. Leave the USA 2 days before your greencard expires. Surrender your green card to the US Embassy in your 'home country'.

Time Passes, you attend a CR-1 visa interview back in your 'home country'.

Whatcha think? I think this route is do-able, but - what do you think ?

[nota bene: you are required to file the ROC when the divorce is finalized. you haven't done that, and are basically living on the fringe]

Yes my conditional green card is still valid, It took us nearly 2 years to get approved the first time i applied for a visa and I believe being apart for that long had a lot to do with our marriage failure. so you are saying that i get married ( i can't yet because the divorce is not yet finalized) and then go back home and wait for another 2 years maybe more this time, this is not really an option, i promised my self that i would never be in a long distance relationship anymore, i'm just being honest i cannot do it, that's why i came on here seeking help

[Rafael85 1]

I didn't read the other replies, but IMO Lawrence Holmes is someone you need to get in touch with. Yes, his fees are up there ($1900 quoted for my K1 case) but the guy has an amazing track record. Consultation is free, I talked his ear off for 40min, he takes payments AND he was kind enough to tell me our case isn't that complicated and I could do it alone if i wish. If I use a lawyer for our case I won't be using anyone but him.

http://www.kvisas.com/Fiancee-or-Spouse.shtml

Thank you for your help

[madtownguy 164]

It is very simple, get divorced, get remarried, file for a new visa. I would not leave the country unless your fiance wants to come with you, but that's up to you. If you have a secure job and ID I'm not sure what you are worried about if your visa lapses for a bit. You'd be worse off trying to say you're still married and switch status quick and then divorce in my opinion. Fraud is always worse than an over stay. Lots of scenarios you will have to think about and weigh what is best for you. I think it's way too easy for someone to get on a computer and say you need to go home. If I were somewhere I was happy I would do whatever it took to stay there. Wait for the US government to tell you to leave.

[Darnell 8,479]

I think, after he divorces, he not need to file for a new visa, really,

if he wishes to stay inside the USA borders.

[VanessaTony 3,567]

I think, after he divorces, he not need to file for a new visa, really,

if he wishes to stay inside the USA borders.

The problem with trying AOS on entry (and this marriage), aside from the first marriage appearing to be fraud, the OP entered on a K1. While they've since completed AOS with their original K1 petitioner, I wouldn't think this negates the whole "what visa did you enter on?" proviso.

The OP, in my opinion, has no ability to AOS thanks to this new wife and will need to leave the country after filing for a CR-1, if that's the path.

Personally I'd attempt ROC first, if there's any evidence of relationship at all, even the smallest bit, it's worth a try.

[Rafael85 1]

It is very simple, get divorced, get remarried, file for a new visa. I would not leave the country unless your fiance wants to come with you, but that's up to you. If you have a secure job and ID I'm not sure what you are worried about if your visa lapses for a bit. You'd be worse off trying to say you're still married and switch status quick and then divorce in my opinion. Fraud is always worse than an over stay. Lots of scenarios you will have to think about and weigh what is best for you. I think it's way too easy for someone to get on a computer and say you need to go home. If I were somewhere I was happy I would do whatever it took to stay there. Wait for the US government to tell you to leave.

Are you saying get remarried and stay in the country ? wouldn't i need to leave the country at some point if i file for a new visa ? my fiancee can't leave the country for more than two weeks she will lose her job.

You are right and i would try to do whatever it takes, but I wonder what my chances are! so as long as they don't notify me to leave after divorce or after my ROC is denied then i will be good?