Can i be sponsor in my case ?

[California2020 1]

Hello guys....

i had 2 yrs green card by marriage but we got divorced and I filled i 751 but it got denied and I didn’t receive NTA yet after one year of the divorce i got married to another us citizen so the lawyer advised me to apply for new case and adjustment because waiting for NTA maybe gonna take long time ...

now all my papers are ready but i still don’t have joint sponsor because my current wife doesn’t make enough money so can i use my tax return to sponsor myself ????

note ( my 2years gc terminated but i still legally working and make money )

 

[belinda63 3,038]

How are you legally working if you don't have a green card?

[California2020 1]

Just now, belinda63 said:

How are you legally working if you don't have a green card?

Because i still waiting for my case to be sent to the immigration court ... so i still legally working 

am still not under deportation process because i still waiting for the court date 

[Georgia16 2,858]

Why was your ROC denied?

[California2020 1]

Just now, Georgia16 said:

Why was your ROC denied?

Our marriage terminated so early since i moved here 

And they mentioned in the termination letter that they denied i 751 because of insufficient evidences 

i did my best to collect any evidences since we met and i covered most of the reason why they denied the case by collecting more evidences and the lawyer says u have better chance now to win the case when i go to the court but he says its better to apply for new case now with my new wife in case if i loset the old case 

[Lucky2Lucky 2,526]

Your first marriage terminated early, your ROC got denied and within a year you married another US citizen- I would be concerned on how this looks. You can not sponsor yourself - a US citizen has to. Your wife either needs a new job or you need a joint sponsor. I’d be concerned about you continuing to work as well with an expired GC.

[California2020 1]

12 minutes ago, Luckycuds said:

Your first marriage terminated early, your ROC got denied and within a year you married another US citizen- I would be concerned on how this looks. You can not sponsor yourself - a US citizen has to. Your wife either needs a new job or you need a joint sponsor. I’d be concerned about you continuing to work as well with an expired GC.

When i applied for i 751 my green card extended 18 months more 

although my green card is terminated but its not final decision..the final decision is back to the immigration court .. but it seems like u have no idea what am talking about 

[Georgia16 2,858]

59 minutes ago, manhattan2016 said:

Our marriage terminated so early since i moved here 

And they mentioned in the termination letter that they denied i 751 because of insufficient evidences 

i did my best to collect any evidences since we met and i covered most of the reason why they denied the case by collecting more evidences and the lawyer says u have better chance now to win the case when i go to the court but he says its better to apply for new case now with my new wife in case if i loset the old case 

How short was that marriage? 

[California2020 1]

Just now, Georgia16 said:

How short was that marriage? 

We have been married since august 2015 

i moved here December 2016 

We had troubles to live together in the same house and we were planning to work and make money then have our own apartment but one month later since i moved she got job in brazil and i did my best to convince her to not leave but she left to brazil for 8month then after she back we got divorced 

[Villanelle 4,122]

The problem here is you are NOT eligible to file AOS because you HAVE LPR status right now.... Everything you said is accurate about when someone gets denied ROC - they dont auto lose status. Infopass will give you 551 stamps until a judge rules you no longer have status. You can not file 485 for people who currently have a GC. Beyond that- you are going to have a big problem getting approved on a second marriage AOS when USCIS/Judge have determined your first marriage was not in good faith. Have you spoken with any attnys about this? Is it not at all possible to gather more evidence for ROC? What did you have? Did you have an interview? Was it switched to a waiver?

[Georgia16 2,858]

13 minutes ago, manhattan2016 said:

We have been married since august 2015 

i moved here December 2016 

We had troubles to live together in the same house and we were planning to work and make money then have our own apartment but one month later since i moved she got job in brazil and i did my best to convince her to not leave but she left to brazil for 8month then after she back we got divorced 

What evidence did/do you have?

[Villanelle 4,122]

To clarify- USCIS will probably approve the 130 but can not do the 485 until a judge handles the previous ROC. Also I believe you will have to show both marriages were in good faith. You dont just get to ignore the first one by walking away. https://www.visajourney.com/forums/topic/681186-i-751-divorce-waiver-denied/ Here is a similar situation.

 

[California2020 1]

2 minutes ago, Villanelle said:

To clarify- USCIS will probably approve the 130 but can not do the 485 until a judge handles the previous ROC. Also I believe you will have to show both marriages were in good faith. You dont just get to ignore the first one by walking away. https://www.visajourney.com/forums/topic/681186-i-751-divorce-waiver-denied/ Here is a similar situation.

 

I think you are right 

but my question here is how am suppose to prove that my first marriage was in good faith and the Uscis already denied it ?!

I mean when i go to the court am gonna have few more evidences but these evidences are old before i move here 

[California2020 1]

13 minutes ago, Georgia16 said:

What evidence did/do you have?

Too many pictures 

flight tickets and hotels to traveling 3 different countries 

bills for like gifts and restaurants etc 

tickets for like museums etc 

whatsapp skype facebook viber chats 
video calls and audio call screenshots 

note ( all these evidences before i move here ) 

 

 

Edited October 13, 2019 by manhattan2016

[Villanelle 4,122]

You are going to have to come up with as much evidence as you can. Most people also file another 751 when its denied. Did you do that yet? You need to find a local attny experienced in this. Preferably someone who has done cases like this in the local court you will be going to. They will have the best idea of what will be successful in that particular court. They can also review what you do have and offer suggestions on how to make it better. You can also check out the ROC forum and see what other people have sent.