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

[Dashinka 24,831]

Where is @Lucky Cat, another one for him.

[Boiler 46,183]

Notified and no doubt will be here asap.

[Unlockable 7,315]

8 minutes ago, imminewbie said:

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

 

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!

 

Don't know about a TV show, but I am glad you found this site before you did anything. Because if you would have attempted to AOS with your current wife while she is pregnant with another man's baby... there'd be a lot of raised eyebrows at USCIS.

[Crazy Cat 42,406]

1 hour ago, imminewbie said:

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*** VISA EXPIRED/NO LONGER VALID - because of graduation ***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

Marriage status, alone, is irrelevant to having legal presence in the US.  Sounds like you are already out of status and subject to deportation........

 

"Tales of the Green card"  (coming to a book store near you).

 

Use the search term "Tales of the Green Card" here on VJ to see some of the cases I have found to be interesting.....

Edited April 22, 2020 by Lucky Cat

[Mollie09 1,543]

23 minutes ago, Unlockable said:

Don't know about a TV show, but I am glad you found this site before you did anything. Because if you would have attempted to AOS with your current wife while she is pregnant with another man's baby... there'd be a lot of raised eyebrows at USCIS.

Oh, to be a fly on the wall...

[imminewbie 6]

38 minutes ago, Lucky Cat said:

"Tales of the Green card"  (coming to a book store near you).

Love it!

[Scandi 4,181]

1 hour ago, imminewbie said:

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

 

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!

 

Current wife? Is this the one you plan on divorcing? You can only have one wife in the US, so I take it you're talking about your ex. Don't even think about anything immigration before you have divorced your WIFE and married the GIRLFRIEND you're with now.

Edited April 22, 2020 by Scandi

[little immigrant 801]

1 hour ago, imminewbie said:

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

 

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!

 

Sorry if this is insensitive, but you are OK with raising another man's child as your own? Does the other guy know? Will he be in the baby's life? Or will you adopt him as your own? 

 

Also, you are still in the US and never went back to your country even after your graduation correct? 

[imminewbie 6]

10 minutes ago, Scandi said:

Current wife? Is this the one you plan on divorcing? You can only have one wife in the US, so I take it you're talking about your ex. Don't even think about anything immigration before you have divorced your WIFE and married the GIRLFRIEND you're with now.

Yes. I plan on divorcing before I attempt anything immigration. I understand the one wife policy - unless you have a show on TLC. 😉 Thank you for your reply. 
 

3 minutes ago, little immigrant said:

Sorry if this is insensitive, but you are OK with raising another man's child as your own? Does the other guy know? Will he be in the baby's life? Or will you adopt him as your own? 

 

Also, you are still in the US and never went back to your country even after your graduation correct? 

I’m sorry if I was not clear enough. I won’t be raising anybody’s baby. I will be divorcing that woman. She and the father of the baby plan to marry (I guess). He is still in the picture. They almost live together. I moved out in January. 

Edited April 22, 2020 by imminewbie
Spelling

[African Zealot 1,456]

5 minutes ago, little immigrant said:

Sorry if this is insensitive, but you are OK with raising another man's child as your own?

What is the point asking publicly something you believe is insensitive? And if he’s marrying a pregnant woman then automatically he’s okay with the arrangement.

[arken 4,197]

4 minutes ago, imminewbie said:

Yes. I plan on divorcing before I attempt anything immigration. I understand the one wife policy - unless you have a show on TLC. 😉 Thank you for your reply. 
 

I’m sorry if I was not clear enough. I won’t be raising anybody’s baby. I will be divorcing that woman. She and the father of the baby plan to marry (I guess). He is still in the picture. They almost live together. I moved out in January. 

So the process is you divorce first, then marry and then file for i130/AOS package. Until then you could literally be subjected to deportation anytime, so just stay low.

[Beth & Achraf 328]

2 hours 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.

Why Not?  She (current wife)  did not bring him  here to the US,      The future wife can file, but I feel his case will be looked at closely by USCIS.

[Crazy Cat 42,406]

4 minutes ago, Beth & Achraf said:

Why Not?  She (current wife)  did not bring him  here to the US,      The future wife can file, but I feel his case will be looked at closely by USCIS.

An I-130 requires an existing relationship between the petitioner and beneficiary.  The I-130 submitted by the current wife would not be valid upon a divorce.

Edited April 22, 2020 by Lucky Cat

[Boiler 46,183]

The current wife, the one with the baby, is toast.

 

He is looking to be sponsored by the future wife, the one without the future baby.

Edited April 22, 2020 by Boiler

[Scandi 4,181]

2 hours ago, little immigrant said:

Sorry if this is insensitive, but you are OK with raising another man's child as your own? Does the other guy know? Will he be in the baby's life? Or will you adopt him as your own? 

 

Also, you are still in the US and never went back to your country even after your graduation correct? 

He said his current wife is pregnant, so that would be the ex. He used the word wife and he's only married to one woman, he says.

Edited April 22, 2020 by Scandi