unlawfull presense K3

[Rina777 0]

We just had a baby together. I gut divorced in August 10, remarried on August 23 and we refiled on November. Case was denied and they give me 6m to live the Country.If you K1 or K3 You only can adjust throw original petitioner UNCONSTITUTIONAL !!!! :-(((( This is the law. LIFE act And also you have to live the country 30 days later after your divorse is final, otherwise unlawfull presense and if you stay more then 6m you unadmissable for 3y. more then a year - FOR 10 YEARS!!!!! Now trying to figer out what to do. When unlawfull presence starts exactly??? How it is calculated?? Does it get terminated when petition filed on your behalf until desision is final ????? Do they add all the days you was unlawfully present or it starts all over again after other petition on your behalf denied????????Seeing the lawyer second time on Tuesday. If someone had the same situation HELP with advise!!!!!! I can not picture myself and my 6m old son without my husband ABROAD waiting for immigration visa in the best case and beeing unadmissiable for 3y - in the WORST....unless he wants to move with me....I know there are some waivers if you stayed illigally, but the prossesing dates for them veeeery long....I know there is someone out there been throw this before, PLEASE RESPOND!!!!

[aussiewench 9]

Hi and welcome to VJ

There is nothing you can do but the right way if you want to have an end to this and reunite. The quickest way is for you to file I-130 and then I-129F so you can apply for a K-3 visa. When you are denied you submit the prepared waiver/s. There is many on this board that found themselve in same or similar circumstances. Its sad when babies are involved and IMO would be harder to cope with but you gotta stay strong *hugs* As you say, your husband can, if able to, always come to live with you abroad. We have a waivers forum too that would be worth your while having a read of.

All the best to you and your family

Lorelle

[Jasman0717 9]

I think that if you did not marry the original petitioner you would have to return to your home country and have your spouse file a new petition for you.

[meddykomp 0]

I think that if you did not marry the original petitioner you would have to return to your home country and have your spouse file a new petition for you.

I think she did marry the original petitioner.

You should have your spouse file an I-130 right away. Be prepared to go back to your home country however because this isnt likely to be resolved in 6 months. The fact is you are already out of status and you should be careful not to rely on waivers. As heartbreaking as it is, you will need to leave the US. Maybe your husband can spend some time with you in your home country while waiting for the application to process. What country are you from?

[aussiewench 9]

I think that if you did not marry the original petitioner you would have to return to your home country and have your spouse file a new petition for you.

I think she did marry the original petitioner.

No.....going by another thread....she divorced the original petitioner .....refiled after marrying someone else and that's why she was denied. Now she is out of status and has been told she has to leave the US.

[babybunny 2]

. I gut divorced in August 10, remarried on August 23 and we refiled on November. Case was denied

OP stated this!

so looks like she married the Orignal petit.

before the ink was dry on the divorce decree she married

the next guy. plus if there was a WAIT phase she certainly gave no

reguard to that - unless she is in a state that had a wait phase waiver or there was no wait phase.

[meddykomp 0]

But she did marry him .. must marry to get divorced. Either way she is still out of status and will have to return home until she can get a CR-1 or K-3.

[aussiewench 9]

. I gut divorced in August 10, remarried on August 23 and we refiled on November. Case was denied

OP stated this!

so looks like she married the Orignal petit.

before the ink was dry on the divorce decree she married

the next guy. plus if there was a WAIT phase she certainly gave no

reguard to that - unless she is in a state that had a wait phase waiver or there was no wait phase.

What's a wait phase? I have never heard that before.

I actually should of only quoted Jasmin's post in my previous post....apologies meddykomp

Edited March 12, 2006 by aussiewench

[meddykomp 0]

No problem

[babybunny 2]

. I gut divorced in August 10, remarried on August 23 and we refiled on November. Case was denied

OP stated this!

so looks like she married the Orignal petit.

before the ink was dry on the divorce decree she married

the next guy. plus if there was a WAIT phase she certainly gave no

reguard to that - unless she is in a state that had a wait phase waiver or there was no wait phase.

What's a wait phase? I have never heard that before.

I actually should of only quoted Jasmin's post in my previous post....apologies meddykomp

in the USA. after your divorce is final. you have to wait < wait phase > in order to be remarried

this allows both parties to cool off and possible reconsider. if you re marry same person again. you are excempt

the wait phase. some states have 30 days- some have longer.

in texas if you divorce you must wait < 30 days > to re marry.

however, you can request from a judge to waiver the wait phase.

Edited March 12, 2006 by shonjaved

[meddykomp 0]

Hmmm ... I know that Ohio does not have a wait period. They make you wait forever to get the divorce instead. Some people get divorced and remarried the same day.

[babybunny 2]

the USICS love to look at dates! if dates are too close they will question it

[Rina777 0]

I think that if you did not marry the original petitioner you would have to return to your home country and have your spouse file a new petition for you.

I think she did marry the original petitioner.

No.....going by another thread....she divorced the original petitioner .....refiled after marrying someone else and that's why she was denied. Now she is out of status and has been told she has to leave the US.

THANK YOU SO MUCH FOR YOU RESPONSES!!!!

DOES THE WAIT PERIOD APPLY FOR CALIFORNIA?

I WAS 9M PREGNANT AT THE TIME OF THE DIVORSE - IT TOOK FOREVER TO GET DIVORSE FROM MY FIRST HUSBAND HE GUST DID'T UNSWER THE PHONE, DID NOT RESPOND FOR THE LETTERS AND I COULD NOT JUST SERVE HIM BECAUSE WE HAD TO GO THROW SUMMARY DISSOLUTION(SO BOTH SPOUSES HAVE TO SIGHN THE AGREEMENT) BECAUSE HE HAD DEBT ON HIS CREDIT I NEEDED TO MAKE SURE THAT HE WILL PAY HIMSELF.(HE NEVER SPENT $1 AMOUNT ON MY NEEDS, I PAYED RENT AND ALL MY EXPENSES) ...BUT THIS IS A DIFFERENT STORY...AND ABUSE ... AND YELLING ...AND CHITTING ...HE DID DRUG.....NAME EVERYTHING - HE DONE THAT TO ME EXEPT ACTUAL PHUSICAL ABUSE WITH EVIDENCE(LIKE BRUSES )

MY LAWYER SAID THAT I COULD DONE BUTTERED SPOUSE AND FILED FOR PEMENENT GREEN CARD BY MYSELF....WELL...TOO LATE NOW....MY I-130 FROM SECOND SPOUSE APPROVED, BUT 1-485 DENIED AND I HAVE TO LIVE THE COUNTRY

JUST NEED TO FIGER OUT HOW THEY CALCULATE UNLAWFULL PRESENSE....

BY THE WAY I CAME ON K3 WHICH EXPIRED ON NOV.20, 2005, RIGHT BEFORE WE FILED SECOND TIME

BUT THE LAW SAYS THAT IF YOU ON K3 YOU HAVE 30 DAYS AFTER YOUR DIVORCE IS FINAL TO LIVE THE COUNTRY AND IF YOU DON'T THEN UNLAWFULL PRESENCE STARTS...

[dmartmar 1]

We just had a baby together. I got divorced in August 10, remarried on August 23 and we refiled on November. Case was denied and they give me 6m to leave the country.

Case was denied due to your case being suspicious of fraud.

[Yodrak 7]

Rina,

You ought to

1 - learn to express yourself understandably, or get someone who can write your posts for you, and

2 - get a good immigration attorney.

But it seems from your 2nd post that you've seen an attorney?

Yodrak

We just had a baby together. I gut divorced in August 10, remarried on August 23 and we refiled on November. Case was denied and they give me 6m to live the Country.If you K1 or K3 You only can adjust throw original petitioner UNCONSTITUTIONAL !!!! :-(((( This is the law. LIFE act And also you have to live the country 30 days later after your divorse is final, otherwise unlawfull presense and if you stay more then 6m you unadmissable for 3y. more then a year - FOR 10 YEARS!!!!! Now trying to figer out what to do. When unlawfull presence starts exactly??? How it is calculated?? Does it get terminated when petition filed on your behalf until desision is final ????? Do they add all the days you was unlawfully present or it starts all over again after other petition on your behalf denied????????Seeing the lawyer second time on Tuesday. If someone had the same situation HELP with advise!!!!!! I can not picture myself and my 6m old son without my husband ABROAD waiting for immigration visa in the best case and beeing unadmissiable for 3y - in the WORST....unless he wants to move with me....I know there are some waivers if you stayed illigally, but the prossesing dates for them veeeery long....I know there is someone out there been throw this before, PLEASE RESPOND!!!!