Arrived on K1. Married then aos denied and in process of divorce but will not leave.

[Back2real 4]

Can someone arriving on a K1, married within the 90 days. Aos filed within the 90 days.  Then the us citizen files for divorce due to suspected fraud and withdraws the I864 and the aos and was and ap are all denied and the applicant is told in denial letter they have 30 days to leave and are no longer authorized to be in the USA.  Can they not leave, marry another US citizen and file for another aos I 485. Before there divorce is finalized? Or ever? Claims are that this person has already remarried another US.  Already refilled green card app and check already cashed? Any legal leg to stand on here? And how would one file for bigamy if they really did remarry before divorced? 

[aleful 1,905]

hi

 

no, that is fraud, the k1 is to marry and only adjust status with the petitioner, if it doesn't happen, they have to return to their country. second the marriage is fraude because the divorce is not final. that person has committed bigamy, if true

 

 

[Ontarkie 14,225]

~~Moved to Effects of Major Family Changes, from K1 P&P - As a more appropriate forum for discussion.~~

[Boiler 45,519]

Bigamy is a criminal offence.

[SusieQQQ 11,586]

54 minutes ago, TroyanErica said:

Can someone arriving on a K1, married within the 90 days. Aos filed within the 90 days.  Then the us citizen files for divorce due to suspected fraud and withdraws the I864 and the aos and was and ap are all denied and the applicant is told in denial letter they have 30 days to leave and are no longer authorized to be in the USA.  Can they not leave, marry another US citizen and file for another aos I 485. Before there divorce is finalized? Or ever? Claims are that this person has already remarried another US.  Already refilled green card app and check already cashed? Any legal leg to stand on here? And how would one file for bigamy if they really did remarry before divorced? 

USCIS would need to see both marriage and divorce certificates so they would see if there was any overlap.

[geowrian 22,337]

1) Bigamy is a criminal offense and going to be a major problem if true.

2) A K visa holder can only AOS via the original petitioner.

3) Due to #1, even if they marry in the US and then try for a spousal visa, they're going to have major problems (let alone scrutiny of the relationship).

[Villanelle 4,122]

Just FYI - USCIS will accept any complete package and relatedly cash payment attached regardless of whether or not you are eligible, used the wrong forms, etc. There's a no refund policy as well. So sending it and having the check cashed is to be expected. 

 

Based on what you posted it has no chance of being approved.

 

A k visa holder can divorce/remarry or marry a different USC but would need to fill out the 130 and then probably a waiver depending on any overstay before doing consular processing abroad. If done correctly they would only leave the US right before the consulate appointment and be 99% confident that they will be returning with in 1-2 weeks. They would have no status in the US during the process though and could be detained.

[Back2real 4]

1 hour ago, SusieQQQ said:

USCIS would need to see both marriage and divorce certificates so they would see if there was any overlap.

Claims the “person helping”

advises they will just need the divorce decree by the interview 🧐  lots of off the wall what I would presume to be bogus claims.  But you never know. 

[Back2real 4]

50 minutes ago, Villanelle said:

Just FYI - USCIS will accept any complete package and relatedly cash payment attached regardless of whether or not you are eligible, used the wrong forms, etc. There's a no refund policy as well. So sending it and having the check cashed is to be expected. 

 

Based on what you posted it has no chance of being approved.

 

A k visa holder can divorce/remarry or marry a different USC but would need to fill out the 130 and then probably a waiver depending on any overstay before doing consular processing abroad. If done correctly they would only leave the US right before the consulate appointment and be 99% confident that they will be returning with in 1-2 weeks. They would have no status in the US during the process though and could be detained.

I wonder though do they check for legitimate applications and all needed certificates and search for fraud and recent denials in recent I485 etc prior to giving out a noa1 which technically gives them back status for 1 year based off a pending I 485? 

Edited September 15, 2019 by TroyanErica

[Pitaya 2,577]

39 minutes ago, TroyanErica said:

I wonder though do they check for legitimate applications and all needed certificates and search for fraud and recent denials in recent I485 etc prior to giving out a noa1 which technically gives them back status for 1 year based off a pending I 485? 

Assuming you are the beneficiary, your legal course of action is to abide by the denial letter and leave the US as stated in the denial letter. . For you to try to overstay for whatever reason could result in possible problems for you in the future should you want to immigrate or visit the US in the future. Don't jeopardize that. Make sure that your own affairs are in order. Should your claims about the petitioner be valid, they will likely be scrutinized and come to light during the processing of their new immigration process.

[dwheels76 5,468]

1 hour ago, TroyanErica said:

I wonder though do they check for legitimate applications and all needed certificates and search for fraud and recent denials in recent I485 etc prior to giving out a noa1 which technically gives them back status for 1 year based off a pending I 485? 

That's all part of the process. Unless the person lied and used a different name, got a different birth certificate it will never be approved. Obviously they had to have lied and said they were never married cuz if they said they were married means a divorce decree is required.

I wonder what the "Friend" put as how they came to US? Which would be verified.

 

Even if they lied gave a different name guess what biometrics letter comes usually within 30 days of filing how they plan on having new prints from the ones they had when they had interview and entered US.

 

Also the US ex-spouse reported fraud so his name is in system with a fraud marker on it.

 

People really don't think about the illegality of their actions. It's always about getting over on someone.

[Villanelle 4,122]

797C otherwise known as NOAs DO NOT give you any status. In fact they even say on them "“THIS NOTICE DOES NOT GRANT ANY IMMIGRATION STATUS OR BENEFIT.” (in all caps across the top_). It is simply a receipt. Yes, many places accept them as "proof of status" but they are not actually any type of immigration status.

 

Its not surprising for someone to get a NOA1 after submitting a complete package. It will all get reviewed and investigated- so I wouldnt worry about it so much. They will be caught. However if you feel you need to do something you can contact ICE to report the fraud. A link is found on the bottom of every page of the forums.  

 

As for the bigamy, I would suggest speaking to your local police department for advice/filing a report.

[Pinkrlion 2,720]

We just had this conversation about someone else.  A K-! can only AOS with the person that filed for them.  If they divorced, then they will have to do consular processing.  Even if they filed for I-130 and I-485, I-485 will be denied (for the new person).  If person filed for I-130 prior to being divorced, then they were not free to marry and I-130 will be denied.  Therefore, that person has ZERO chance of getting any immigration petitions approved while in the US.  

[Nitas_man 3,100]

4 hours ago, TroyanErica said:

Can someone arriving on a K1, married within the 90 days. Aos filed within the 90 days.  Then the us citizen files for divorce due to suspected fraud and withdraws the I864 and the aos and was and ap are all denied and the applicant is told in denial letter they have 30 days to leave and are no longer authorized to be in the USA.  Can they not leave, marry another US citizen and file for another aos I 485. Before there divorce is finalized? Or ever? Claims are that this person has already remarried another US.  Already refilled green card app and check already cashed? Any legal leg to stand on here? And how would one file for bigamy if they really did remarry before divorced? 

Seems the original USC was right about the suspected fraud.

If the original beneficiary re-filed based on a marriage to a new spouse that occurred before the previous marriage was terminated (divorce finalized) they they should expect an outright denial.  No appeal, no money back.

Please convey this message:  thanks for the donation!

Also bigamy is a crime of moral turpitude.  Oops. Inadmissible now.  Hope he/she has already returned home

 

https://nortontooby.com/node/18512

 

 

Edited September 15, 2019 by Nitas_man

[NYCruiser 423]

7 hours ago, TroyanErica said:

Can someone arriving on a K1, married within the 90 days. Aos filed within the 90 days.  Then the us citizen files for divorce due to suspected fraud and withdraws the I864 and the aos and was and ap are all denied and the applicant is told in denial letter they have 30 days to leave and are no longer authorized to be in the USA.  Can they not leave, marry another US citizen and file for another aos I 485. Before there divorce is finalized? Or ever? Claims are that this person has already remarried another US.  Already refilled green card app and check already cashed? Any legal leg to stand on here? And how would one file for bigamy if they really did remarry before divorced? 

Is this a story from 90 Day Fiance on TLC? Sounds a lot like that 21 year old Jamaican guy on there?