Adjustment of status thru marriage

[Kris003 2]

Hi there guys.My name is Kris,i'm 24 ,i'm an international student f1 living in Ny,visa expired but status still active,still going to school.So ,my case is kind of tricky ,hope its not as bad as it sounds.I recently got married to a us citizen ,and i'm applying for green card and everything .The thing is ,i had a marriage a year ago with a student from my class,she was a us citizen as well.We stayed married for a couple of month everything was great ,and one day she just disappeared,long story short her family was agains the marriage and they forced her to cancel the marriage (thats what she told me ).So ,later i get a court decision that the marriage was annulled because of fraud on my side.I have no idea how she got that ,but it was never a fraud .I never applied for the green card at that time .So my question is,do i sent the court order when i apply now ? And is it gonna be a big problem the annulment from before,even tho i never applied for anything .Thank you guys very much 

[DrEllaNJ 288]

You have to send in your divorce decree for previous marriages, so there's no way to not send in the annulment. I would expect extra scrutiny - after all, you may have good reasons for doing what you did, but to an outsider, getting married for the second time within a year, when you're still only 24, is.... pretty fast.

[Boiler 46,234]

12 minutes ago, DrEllaNJ said:

You have to send in your divorce decree for previous marriages, so there's no way to not send in the annulment. I would expect extra scrutiny - after all, you may have good reasons for doing what you did, but to an outsider, getting married for the second time within a year, when you're still only 24, is.... pretty fast.

What other options did he have?

[DrEllaNJ 288]

Just now, Boiler said:

What other options did he have?

I dunno... date for a year at least?

[Kris003 2]

Yeah i understand that,i know it happened too fast.The thing is do you think in your opinnion that my application would be denied because of that? Cause if it comes to the interview i will be prepared and everything ,but the office is what i'm afraid of .Cause i'm applying for social and for advance parole ,and i just don't know if the previews anullment is gonna effect and maybe make them denny my applications .Cause with the first marriage i never applied for anything ,so its not that they can say hey that one you did it for papers .Thank you guys ,sorry for the long boring story lol 

[Boiler 46,234]

1 minute ago, DrEllaNJ said:

I dunno... date for a year at least?

Sounds like he is out of status and deportable, so no time to waste,.

[Kris003 2]

Not really.I go to school everyday,i'm a full time student .My status is gonna be active at this school till 2019 ,so that not the issue .

[DrEllaNJ 288]

2 minutes ago, Boiler said:

Sounds like he is out of status and deportable, so no time to waste,.

As he says above, no, he's not out of status - still going to school and active. His visa for entering the country has expired but as an F-1 student your status is based on full-time enrollment in school - which is why he's been admitted for "duration of status" as opposed to "until 5/20/17" or something like that.

 

OP, I don't think your application will be automatically denied, but you should front-load it (meaning providing plenty of evidence of intermingled lives: bank account, lease, etc). And perhaps photos/documents for the duration of your relationship. I don't think they deny you without interviewing you first, so during the interview you should also come prepared with a lot of evidence.

 

They could say you didn't file any papers with your previous marriage because you were still in status and it wasn't necessary for you to do so yet... Again, I'm not saying you'll be denied or you did it wrong. Just be prepared to show them the evidence of the validity of your marriage(s).

 

 

[Coco8 1,042]

Maybe wait a couple of years to adjust status? If you are not going to graduate until 2019 and you will have OPT after you graduate (one year, or 2 years for STEM), you can collect evidence that the marriage is bona fide and adjust later. 

 

You don't want to get into trouble. 

 

I don't know what others recommend, but I would renew my F-1; unless you are not planning to leave the country in the next 2+ years (that could be difficult). You could go renew your visa and introduce your new wife to your family, collect some additional evidence that the marriage is real. Also, usually you don't have to do an interview to renew F-1 as long as you renew it within 1 year of expiration date (check you consulate in home country for rules), so it is fast.

Edited May 20, 2017 by Coco8

[Coco8 1,042]

13 minutes ago, Boiler said:

Sounds like he is out of status and deportable, so no time to waste,.

 

F-1 visa expiration is inconsequential. What matters is the date on the i-20. Universities have office for international students that track everything, and they'd never let someone be out of status.

[DrEllaNJ 288]

6 minutes ago, Coco8 said:

I don't know what others recommend, but I would renew my F-1; unless you are not planning to leave the country in the next 2+ years. You could go renew your visa and introduce your new wife to your family, collect some additional evidence that the marriage is real.

Actually, you shouldn't leave the country. You probably won't be able to get another F1 visa with a USC wife (they ask you specifically if you have family in the US on your DS160, and you have to prove ties to your home country), and besides, getting a non-immigrant visa with the intention to adjust is fraud.

 

So I think @Coco8 gave you good advice(to wait until after your status expires) UNLESS you plan to leave in the next 2 years - because you wouldn't be able to get back in without spousal visa/AP/Green Card if you did.

 

If you file for AOS once you've been married for over 2 years, you won't have to do ROC later, which saves you a lot of money and stress/paperwork.

Edited May 20, 2017 by DrEllaNJ

[Kris003 2]

Thabk you guys so much for the replies.i can't renew the visa cause i used to go to college and then i transfered to this language school that i am right now ,its just bullshit to keep the status active .My visa expired like a year ago ,but i can't go back cause they will never renew it (transfering feom college to a language school its not a good idea,they will be like'what you just discovered after almost graduading that you have problems with the language lol).And i need to travel,i have my mother in my country and she is alone and i'm an only child ,so i visited her a lot during the time i was here .Anyway ,i hope i just get the advance parole and the social,then for the interview i guess i'll figure out the answers and proves for the marriage .I already have photos with her and with her family and everything,i have a bank statement with her,and i'll get the lease document too.Anyway thank you very much,i really appreciate your answers ,good luck to you all on everythig✌🏻

[Coco8 1,042]

59 minutes ago, Kris003 said:

Thabk you guys so much for the replies.i can't renew the visa cause i used to go to college and then i transfered to this language school that i am right now ,its just bullshit to keep the status active .My visa expired like a year ago ,but i can't go back cause they will never renew it (transfering feom college to a language school its not a good idea,they will be like'what you just discovered after almost graduading that you have problems with the language lol).And i need to travel,i have my mother in my country and she is alone and i'm an only child ,so i visited her a lot during the time i was here .Anyway ,i hope i just get the advance parole and the social,then for the interview i guess i'll figure out the answers and proves for the marriage .I already have photos with her and with her family and everything,i have a bank statement with her,and i'll get the lease document too.Anyway thank you very much,i really appreciate your answers ,good luck to you all on everythig✌🏻

 

I think the fact that you didn't finish college and transferred to a language school it is going to look odd.

 

Good luck. And if you can update this thread afterwards so that other people in your situation can have some solid evidence of what do you. 

 

 

[Boiler 46,234]

Certainly seems unusual.

[geowrian 22,338]

Yes, you certainly can apply for AOS and you shouldn't be denied just for that. However, as noted above, expect additional scrutiny. The story certainly raises some questions, so be ready to explain the situation and prove your case (and always be 100% truthful and complete with answers). Good luck.

Edited May 20, 2017 by geowrian