Lawyers can't handle my case!

[Rafael85 1]

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.

I don't understand how they would see it as fraud, we lived together for more than 6 months before i came to the US, and i have many proofs of that but like i said i don't have proofs after we've been married! it just didn't work out and it was her decision.

Are you saying that it's better not to get married and wait till i attempt to ROC first? will i have more chances to get approved if i'm not married again ?

If i file for ROC and get denied, how much time will i have in the country ? 2 ,3 months?

My fiancee's dad was saying maybe we can go to Canada since his daughter has dual citizenship and get married there and then she comes back and I wait there till I get my visa, this way we will be close in case it took a long time to get a new visa, but I won't be allowed to stay that long in Canada right?

My AOS took a long time to get approved, when is the time for ROC in case i wasn't divorced yet, is it 2 years from the marriage date minus 3 month or 2 years from the date they issued me the green card minus 3 month? what if i file for ROC while my divorce is still pending, is there a chance i will get approved, of course my ex won't come with me to the interview! and if i don't get approved do i still have to leave the country although my divorce is still pending?

What is the difference between CR-1 and K3, can i apply for any of them in case i decided to leave the US or can we go the K1 route again ?

Sorry for asking too many questions

[Rafael85 1]

Someone answers please!!!

[LBeachey 45]

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

OK, I don't see where you need to leave the country. Either 90 days before your green card expires or your divorce is finalized, you need to file the I-751 to remove conditions. If your divorce is not yet final at 90 days, you still should apply separately. You are guaranteed a RFE for the divorce papers but that is not that uncommon. You might want to ask here or in the Removal of Conditions section for others who have filed to remove conditions after divorce.

What you need to do now is start gathering evidence that your marriage was bonafide and did not work out. I think you said your ex-spouse filed for the divorce which helps. You might not have a lot of financial evidence so you may need to get affidavits from people who know your situation well.

You can not get married until your divorce is final. I really don't know whether getting married after the divorce and before the I-751 is approved hurts/helps/doesn't matter. That is a good question for an attorney.

Do you have an attorney for the divorce, he/she should be able to help.

Your situation while difficult is not that hopeless, the system anticipates people in your situation, you just need to educate yourself as to how the system works.

[Darnell 8,479]

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.

Yup, that's how I'm leaning, as well.

[Rafael85 1]

OK, I don't see where you need to leave the country. Either 90 days before your green card expires or your divorce is finalized, you need to file the I-751 to remove conditions. If your divorce is not yet final at 90 days, you still should apply separately. You are guaranteed a RFE for the divorce papers but that is not that uncommon. You might want to ask here or in the Removal of Conditions section for others who have filed to remove conditions after divorce.

What you need to do now is start gathering evidence that your marriage was bonafide and did not work out. I think you said your ex-spouse filed for the divorce which helps. You might not have a lot of financial evidence so you may need to get affidavits from people who know your situation well.

You can not get married until your divorce is final. I really don't know whether getting married after the divorce and before the I-751 is approved hurts/helps/doesn't matter. That is a good question for an attorney.

Do you have an attorney for the divorce, he/she should be able to help.

Your situation while difficult is not that hopeless, the system anticipates people in your situation, you just need to educate yourself as to how the system works.

I have a divorce attorney but he is ignorant when it comes to immigration, Thanks for your support

I don't have bills in our names but her dad used to pay our bills since we lived at his house and i have an email from him saying " don't worry it's my house and I'm still paying all the bills" do you think this email will help when i wanna ROC ?

[sparkles_ 456]

I don't understand how they would see it as fraud, we lived together for more than 6 months before i came to the US, and i have many proofs of that but like i said i don't have proofs after we've been married! it just didn't work out and it was her decision.

Are you saying that it's better not to get married and wait till i attempt to ROC first? will i have more chances to get approved if i'm not married again ?

If i file for ROC and get denied, how much time will i have in the country ? 2 ,3 months?

My fiancee's dad was saying maybe we can go to Canada since his daughter has dual citizenship and get married there and then she comes back and I wait there till I get my visa, this way we will be close in case it took a long time to get a new visa, but I won't be allowed to stay that long in Canada right?

My AOS took a long time to get approved, when is the time for ROC in case i wasn't divorced yet, is it 2 years from the marriage date minus 3 month or 2 years from the date they issued me the green card minus 3 month? what if i file for ROC while my divorce is still pending, is there a chance i will get approved, of course my ex won't come with me to the interview! and if i don't get approved do i still have to leave the country although my divorce is still pending?

What is the difference between CR-1 and K3, can i apply for any of them in case i decided to leave the US or can we go the K1 route again ?

Sorry for asking too many questions

If she is a dual citizen, maybe think of a DCF if they can be done there still in Canada if she is willing to live there 6mo with you AFTER divorced and remarried to her. However she would have to stay with you anyway til any Canadian visa is approved I would think, so that is sort of a 2-in-1 deal there.

K3 is pretty much dead. CR1 basically took the place of it. I suppose you could go the K1 route again if you so desire but why.

I think your best bet is stay, try to get your conditions removed without your ex-wife. Bring proofs, by the way who filed divorce...you or her?? I would bring the decree (if it is done by then) or separation agreement showing who actually filed for it if it was her. Be really honest about everything. If indeed you do find out you aren't approved you know you can head out to Canada and handle business from there.

I may be wrong but I would assume you have to leave when that 2yr card is up if you aren't approved unless they tell you otherwise.

Edited October 10, 2013 by beccabecca

[sparkles_ 456]

And I'll second the affidavit advice. By chance if you can get any from her family, go for it.Since you said she herself won't go with you would she by chance write one for you?

[Rafael85 1]

If she is a dual citizen, maybe think of a DCF if they can be done there still in Canada if she is willing to live there 6mo with you AFTER divorced and remarried to her. However she would have to stay with you anyway til any Canadian visa is approved I would think, so that is sort of a 2-in-1 deal there.

K3 is pretty much dead. CR1 basically took the place of it. I suppose you could go the K1 route again if you so desire but why.

I think your best bet is stay, try to get your conditions removed without your ex-wife. Bring proofs, by the way who filed divorce...you or her?? I would bring the decree (if it is done by then) or separation agreement showing who actually filed for it if it was her. Be really honest about everything. If indeed you do find out you aren't approved you know you can head out to Canada and handle business from there.

I may be wrong but I would assume you have to leave when that 2yr card is up if you aren't approved unless they tell you otherwise.

She filed for divorce, can I live in Canada for a few months on my US conditional green card?

She wouldn't give me any affidavits, she is so hateful. but like i said i have some email from her dad, nice emails, one one of them he's saying that he pays all the bills and i don't have to worry about that since we lived at his house, will that help ?

[madtownguy 164]

Dude talk to an attorney, you are wasting time getting 50 different answers. Your situation is not that rare, but there are so many what if's that you should discuss with a lawyer. Not a bunch of people on a forum that don't have a clue. I would ask questions about your job, I'm not sure if your SSN will get red flagged but a lawyer might know. I know every year I did taxes anyone who had a bad SSN got red flagged and if they didn't give me the correct number I had to let them go. That may be important for you. I would bet the farm that in your situation they don't make you leave the country, so I certainly wouldn't do it if I were in your shoes. But if your ex got mad and tried to cause problems, who knows then. Your location might matter too, lots of things to consider. Most attorneys will consult for free the first meeting. If they tell you what they would do then you could come here and ask how to do it. Best thing for you to do is be a good citizen, work and pay taxes.

[madtownguy 164]

Dude talk to an attorney, you are wasting time getting 50 different answers. Your situation is not that rare, but there are so many what if's that you should discuss with a lawyer. Not a bunch of people on a forum that don't have a clue. I would ask questions about your job, I'm not sure if your SSN will get red flagged but a lawyer might know. I know every year I did taxes anyone who had a bad SSN got red flagged and if they didn't give me the correct number I had to let them go. That may be important for you. I would bet the farm that in your situation they don't make you leave the country, so I certainly wouldn't do it if I were in your shoes. But if your ex got mad and tried to cause problems, who knows then. Your location might matter too, lots of things to consider. Most attorneys will consult for free the first meeting. If they tell you what they would do then you could come here and ask how to do it. Best thing for you to do is be a good citizen, work and pay taxes.

[sparkles_ 456]

She filed for divorce, can I live in Canada for a few months on my US conditional green card?

She wouldn't give me any affidavits, she is so hateful. but like i said i have some email from her dad, nice emails, one one of them he's saying that he pays all the bills and i don't have to worry about that since we lived at his house, will that help ?

You would have to look into Canada's immigration laws for that answer. At present the LEAST complicated way is to go to the ROC interview alone, and tell your story. I would wager and say that spiteful spouses aren't unheard of in things like this which is sad but as is life. Bring the emails, bring the proof, and take it step by step. If you try to think to far out I am guessing you could mess yourself up.

Interview. Divorce. Lawyer if needed. Fix status if needed/denied.

I can understand lawyers cost a lost but if you work, and your fiance works you should both contribute to the cost and if by chance she doesn't work now would be a good time for it. Again I didn't read the other posts, this may have been mentioned already.

[VanessaTony 3,567]

1. I don't understand how they would see it as fraud, we lived together for more than 6 months before i came to the US, and i have many proofs of that but like i said i don't have proofs after we've been married! it just didn't work out and it was her decision.

2. Are you saying that it's better not to get married and wait till i attempt to ROC first? will i have more chances to get approved if i'm not married again ?

3. If i file for ROC and get denied, how much time will i have in the country ? 2 ,3 months?

4. My fiancee's dad was saying maybe we can go to Canada since his daughter has dual citizenship and get married there and then she comes back and I wait there till I get my visa, this way we will be close in case it took a long time to get a new visa, but I won't be allowed to stay that long in Canada right?

5. My AOS took a long time to get approved, when is the time for ROC in case i wasn't divorced yet, is it 2 years from the marriage date minus 3 month or 2 years from the date they issued me the green card minus 3 month?

6. what if i file for ROC while my divorce is still pending, is there a chance i will get approved, of course my ex won't come with me to the interview! and if i don't get approved do i still have to leave the country although my divorce is still pending?

7. What is the difference between CR-1 and K3, can i apply for any of them in case i decided to leave the US or can we go the K1 route again ?

1. If you marry another person so soon after the relationship which brought you here, then it will appear your first marriage was entered for fraudulent reasons. It would make your ROC much harder than it needs to be.

2. Yes. Wait until ROC is complete. And yes. I believe a new marriage would simply make the one you're trying to ROC off of (and especially one where you claim there is little evidence of relationship) look like it was fake.

3. Usually 30 days

4. That's an excellent idea if ROC doesn't work. You cannot AOS in the US based on this marriage because you entered on a K1. Also bear in mind that you might have some trouble at the visa stage because you entered the US, married, divorced, met your new fiance while STILL married to your petitioning wife, then left the US to apply for another visa. Especially if it's after an ROC denial it could look like bride shopping.

5. 2 years minus 90 days from the "resident since" date of your GC (which is also 90 days before your GC expires) OR when your divorce is final, whichever is sooner

6. You will need to ROC either as soon as the divorce is final OR in the 90 days before your GC expires.

7. K3 is obsolete so it doesn't matter. You can do either. Personally I would go CR-1 and marry before you leave the US (if that's the way it ends up having to be).

I would try ROC first. use evidence from before the marriage as WELL as from after the marriage. Any evidence is better than none.

[LBeachey 45]

I have a divorce attorney but he is ignorant when it comes to immigration, Thanks for your support

I don't have bills in our names but her dad used to pay our bills since we lived at his house and i have an email from him saying " don't worry it's my house and I'm still paying all the bills" do you think this email will help when i wanna ROC ?

I would think your divorce lawyer should be able to refer you to a immigration attorney, like I said while the divorce complicates your ROC you certainly are not the first person. Again all you really have to prove is your intention was to make the first marriage work. I assume there have been motions filed in the divorce case already. Does your estranged spouse allege in the papers that you married only for a green card? Some of those court filings might help you depending on what they allege.

As for the email from your estranged spouse's father, the problem is that easily can be faked. I think if he is willing to sign an affidavit attesting to his belief you were trying to make the marriage work, that would be great evidence.

As a green card holder, you have the right to reside in the country up until your green card expires. Once you file for ROC, you get a one-year extension. I would not plan on moving to Canada or any other country voluntarily until your ROC is denied. Normally, you are given the opportunity to voluntarily depart but I doubt it will get that far.

[Karee 4,191]

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

Ohh yeah? Good luck with that. I used him back in 2008. My case took a year, and at least 3 months of that was him not doing his job. One of the worst decisions I ever made in my life, and I've made some pretty bad ones.

[Karee 4,191]

Ohh yeah? Good luck with that. I used him back in 2008. My case took a year, and at least 3 months of that was him not doing his job. One of the worst decisions I ever made in my life, and I've made some pretty bad ones.

ETA: My wife would probably still be sitting in Thailand if it wasn't for this website. I was able to correct all the mistakes with information I gleaned here.