I'm at a loss. How to handle AOS?

[imminewbie 6]

Hello... 

 

I'm a new user here so I'm not sure which forum to post in but I have a question regarding Adjustment of Status. Here is my situation: 

 

2015 - Came to USA on Student Visa F1 to two year college

2017 - Fell for someone (US Citizen) and got married

*** NEVER ATTEMPTED TO ADJUST STATUS ***

2018 - Finished school

*** VISA EXPIRED/NO LONGER VALID - because of graduation ***

2019 - She met someone else and asked for divorce

2019 - Later, I also met someone else

2020 - Still married, seeking divorce (it is amicable) in order to marry again.

 

If granted a divorce, I assume my status becomes illegal. Will I be able to adjust my status in my new marriage?

 

Thank you for your time and expertise through experience.

[Unlockable 7,315]

*** Topic moved to Adjustment of Status from Work, Student, & Tourist Visas section of the forum.

 

VJ Moderation

[Boiler 46,183]

What is your current status, you said your student status expired in 2018.

Edited April 22, 2020 by Boiler

[imminewbie 6]

Thank you for moving me to the proper forum. Apologies for not seeing this one to begin with.

[imminewbie 6]

Just now, Boiler said:

What is your current status, you said your status expired in 2018.

Well, I don't know. I am married but my visa expired in 2018. We just never had the money to adjust status or other things took precedence. I have no valid visa currently but I am married to a US citizen.

[Boiler 46,183]

Being married to a US Citizen does not give you any status,  most people want to adjust so amongst other things  they can work, drive etc.

[payxibka 10,047]

You are eligible to apply for adjustment based on a marriage to a USC.   Success is dependent on your facts and circumstances 

[Dashinka 24,831]

Since you never filed for AOS from your current spouse, and your student visa expired, you are technically out of status.

[imminewbie 6]

13 minutes ago, payxibka said:

 

Edited April 22, 2020 by imminewbie
accidental post

[imminewbie 6]

Thank you both for replying.

 

I guess that I will have to do an extra form (i130) with my new wife. It would be pointless to do all of this with my current wife, who wants a divorce (as do I - it's amicable).

 

I hope that adjustment will be possible.

[Dashinka 24,831]

Adjustment is possible if married to a USC, but you have to wait for your divorce to be finalized from your first spouse before you can marry your new spouse.  Now whether it will succeed or not is completely up to the IO that adjudicates your case.

 

Good Luck!

[Unlockable 7,315]

1 minute ago, imminewbie said:

Thank you both for replying.

 

I guess that I will have to do an extra form (i130) with my new wife. It would be pointless to do all of this with my current wife, who wants a divorce (as do I - it's amicable).

 

I hope that adjustment will be possible.

If you two are divorcing you CAN'T do a 130 with her. You missed the opportunity to adjust through your current wife.

[imminewbie 6]

1 minute ago, Dashinka said:

Adjustment is possible if married to a USC, but you have to wait for your divorce to be finalized from your first spouse before you can marry your new spouse.  Now whether it will succeed or not is completely up to the IO that adjudicates your case.

 

Good Luck!

Thank you! Your post makes sense to me and relieves me a bit. Thank you.

 

2 minutes ago, Unlockable said:

If you two are divorcing you CAN'T do a 130 with her. You missed the opportunity to adjust through your current wife.

You're right. Thank you. I will be doing that when I marry again. Ironically, my current wife is pregnant with another man's baby, as well. Is there a TV show that we can sort all this mess out on? haha.. Thank you, again!

 

[milimelo 4,568]

2 minutes ago, imminewbie said:

You're right. Thank you. I will be doing that when I marry again. Ironically, my current wife is pregnant with another man's baby, as well. Is there a TV show that we can sort all this mess out on? haha.. Thank you, again!

 

Try Maury. He does train wrecks like that on daily basis.

[Boiler 46,183]

Well I do not know of a TV Show but you are definitley on the right web site.