i need advice guys

[hector soto 0]

I got married to an American lady 4 years ago. two year into our marriage she petitioned on my behalf so that I can get my Green card.at the immigration  interview, we were separated .our lawyer said some of our answers didn't tally. i have been renewing my employment authorization yearly for the past 3years until my marriage fell apart somewhere the beginning of this year 2017.we had to go to court to get a divorce so we can go our separate ways. just a month after I received my divorce certificate, USCIS has written to me to provide them with some evidences about my marriage. But unfortunately I'm divorced. What am I suppose to do and will this scenario hinder my next marriage? what other consequences will I be facing? . I am in another relationship with a new lady though.some close friends say my best bet is to marry my current girlfriend to protect me if they threaten to deport me. I need advice urgently guys, i got 3 months to reply.

Edited October 2, 2017 by hector soto

[Jeanne Adil 1,651]

your former spouse is the one who did the original application / that is the marriage that u must prove was in good faith

you need to file the waiver for the divorce / others will tell u what form

getting married to a new person?? not such a good move / it will not show the first marriage was for real

and will not protect u

you have to use the former relationship and waiver with divorce papers 

you need to show evidece like joint accounts with former spouse, cosigned rental agreeements, utility bills in both names

that relationship is the important one to USCIS

[geowrian 22,338]

What visa did you enter the US on? If it was a K-1, then you are unable to adjust status through anybody else. Technically, your AOS can still be completed due to Matter of Sesay (although it's a very uphill climb). However, if your ex wife withdraws the I-864, then your AOS case cannot proceed and will be denied.

 

If your new relationship results in an engagement or marriage, they can petition for you at that time but you you will still need to leave the US and interview abroad. That said, the timing of a new relationship will raise scrutiny. Additionally, it sounds like they suspect fraud in your past marriage (stokes interview, significant delays and asking for more evidence, etc.)...so that factor will be considered with any decision on future immigration benefits. That scrutiny is overcome with sufficient relationship/marriage evidence.

 

If you did NOT enter on a K-1,

1) This was posted in the wrong part of the forum.

2) You can be petitioned by a new spouse and go through AOS again from the beginning (or go through consular processing abroad for a visa). It will still raise scrutiny as noted above.

 

3 minutes ago, adil-rafa said:

your former spouse is the one who did the original application / that is the marriage that u must prove was in good faith

you need to file the waiver for the divorce / others will tell u what form

That's for ROC. For AOS, there is no divorce waiver. OP is renewing the EAD, so I'm assuming they don't have a green card yet.

[BuiQuang 95]

marry US citizen can not protect u.  spouses of US citizens get deported all the time. 

[hector soto 0]

It wasn't a K-1..I came into the USA on a B1/B2 visa

[geowrian 22,338]

6 minutes ago, hector soto said:

It wasn't a K-1..I came into the USA on a B1/B2 visa

Okay. So you can still be petitioned and AOS from a new spouse. But as stated before, expect very heavy scrutiny.

[Villanelle 4,122]

 you cant marry the girlfriend to get immigration benefits. Thats fraud. 

[geowrian 22,338]

2 hours ago, hector soto said:

I am in another relationship with a new lady though.some close friends say my best bet is to marry my current girlfriend to protect me if they threaten to deport me.

Man...I missed this line. I started typing too soon. =__=

 

You cannot marry for the purpose of any immigration benefits...that's clear fraud and will get you in even more trouble.

[Villanelle 4,122]

But you still gave him the correct advice. Apparently his ex didnt pull the 864. I dont know if she would be willing to go to any additional interviews or not. If she is then he needs to hire an attny thats familiar with Sesay and fight for his adjustment. 

[Ryan H 3,834]

Moved from Adjustment of Status from K Visas forum to Adjustment of Status from Work, Student, & Tourist Visas forum.

[Going through 5,671]

15 hours ago, hector soto said:

USCIS has written to me to provide them with some evidences about my marriage. But unfortunately I'm divorced. What am I suppose to do

What is the RFE specifically asking for?  If you have what they are asking for, send it to them.  You being divorced now doesn't mean that you didn't enter into your marriage in good faith....that's all that USCIS is asking for you to prove.

[azblk 338]

5 hours ago, Going through said:

What is the RFE specifically asking for?  If you have what they are asking for, send it to them.  You being divorced now doesn't mean that you didn't enter into your marriage in good faith....that's all that USCIS is asking for you to prove.

I think the problem here is USCIS is still under the impression that they are still married. Since he is divorced his current petition will be denied regardless of what he does as the marriage must still be valid at time of adjustment.

[Going through 5,671]

6 hours ago, azblk said:

I think the problem here is USCIS is still under the impression that they are still married. Since he is divorced his current petition will be denied regardless of what he does as the marriage must still be valid at time of adjustment.

Ah, gotcha...