Married now, but through prior marriage, never attended GC interview?

[ElenaUK 0]

Hi,

Long story short, we are married now, living in the UK. I am a USC, hubby was deported. We have a 3 yr old together. He was married before in Chicago (NOT for marraige fraud) it never worked out with his wife, and she decided not to come to the GC interview with him, so him being scared to make it look like it was a fraudulent marriage, never showed up either. I take it his case was abandoned? Neither of them called the USCIS people, and just moved on. She later filed for divorce, and he moved from Chicago to Atlanta, as an illegal. He married me in 2008, got caught up in some stuff, and got deported in 2012. He had no deportation papers from the abandoning of the GC interview, like he thought he would. USCIS just said that he tried to apply, but did not show up, and they closed his case. Besides having the deportation issue now, would his prior marriage affect him coming back in anyway? Obviously our marriage is genuine, but I am just curious. Thank you.

Elena

[Noura_914 47]

It would depend on why he was deported...under which INA section. There are time bars (10 years) generally but there are waivers that you can apply for.

You said "got caught up in some stuff, and got deported in 2012. He had no deportation papers from the abandoning of the GC interview, like he thought he would. "

he would still have a deportation order if he was actually deported. You said he got caught up in stuff, was he arrested and the judge let him leave voluntarily so there is no actual "deportation"? This all depends. You need to provide more information Just because there was no deportation order from the GC interview, doesnt mean there wasn't one from the 2012 incident.

http://www.uscis.gov/i-212

[ElenaUK 0]

I apologize, I did not make myself clear. He DID get deported in 2012, based on his conviction that he had. But when he first went to ICE, and had not seen the judge, they said they didn't have any deportation orders for him (based on him NOT attending his GC interview when he was supposed to) but yes, he has a bar now, which we will try to waive, in the next year hopefully. What I was wondering is if OUR marriage would be suspicious to them because he was married before, stateside, and never went through with getting the green card? Thank you!

[Jon and Krissy 452]

I apologize, I did not make myself clear. He DID get deported in 2012, based on his conviction that he had. But when he first went to ICE, and had not seen the judge, they said they didn't have any deportation orders for him (based on him NOT attending his GC interview when he was supposed to) but yes, he has a bar now, which we will try to waive, in the next year hopefully. What I was wondering is if OUR marriage would be suspicious to them because he was married before, stateside, and never went through with getting the green card? Thank you!

A lot of this will depend upon the nature of the conviction. If we knew what that was, we might be able to offer better advice. On its own, the prior marriage won't nix it for you two.

[ElenaUK 0]

Thank you for your reply, that's good news, at least for that situation. He got convicted of organized fraud, received 366 day sentence, and paid $10,000 in restitution. Our former immgration attorney, stateside, told us that we can file waiver 212(h) to waive the moral turpitude conviction he has, due to the fact that he never got a GC. We have a lot of hardships with our son, with my bloodclotting disorder, severe bi-polar and anxiety disorder.

[NigeriaorBust 4,087]

With a large CMIT it will be a battle, hopefully he has been more than a model citizen of the UK since his return. Being able to file does not mean it is a cakewalk to the waiver. If he ran from his prior wife into your arms it looks like he was fishing for an anchor, If years passed then not so much.

[ElenaUK 0]

Thank you Nigeria. I do realize it won't be easy, but he has been a model citizen since coming here. Owns his own business, does volunteer work (yes, really!) attends church on a regular basis, works 12-14 hr days. Not even a traffic ticket yet. I hope he gets another chance. I guess if we won't try, we will never know. He married me 5 years after his divorce. So hopefully, it won't be an issue!