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

[Just Paul 4,595]

So you are just working and marrying/dating all without legal status? Good luck explaining to USCIS you aren't marrying just to seek an immigration benefit.

[jamrep 105]

12 minutes ago, Paul & Mary said:

So you are just working and marrying/dating all without legal status? Good luck explaining to USCIS you aren't marrying just to seek an immigration benefit.

I don't think he is doing that,situation happens in marriage and maybe the new girlfriend wants him to stay here.

[Crazy Cat 42,406]

4 minutes ago, jamrep said:

I don't think he is doing that,situation happens in marriage and maybe the new girlfriend wants him to stay here.

A girlfriend can offer no help in this situation......

[Just Paul 4,595]

7 minutes ago, jamrep said:

I don't think he is doing that,situation happens in marriage and maybe the new girlfriend wants him to stay here.

He has been without status since 2018 and will next have a third serial marriage in order to adjust.  

[RamBam92 5]

You need to hire a lawyer IMMEDIATELY. Someone already mentioned this but you are here illegally as of 2018 and this subjects you to deportation proceedings at any time. It doesn't matter that you're married to a USC if there's no green card to show for it. It also doesn't matter that you intend to marry someone later on and get a GC through that marriage, you can be deported well before that.

 

When you divorce your current wife, what if she takes you to court for alimony? That will immediately bring your current immigration status in the eyes of ICE and USCIS and without a lawyer you'll be screwed. I'm sorry to be so blunt but you are in a ridiculously bad situation here - call a lawyer TODAY.

[jamrep 105]

12 minutes ago, Paul & Mary said:

He has been without status since 2018 and will next have a third serial marriage in order to adjust.  

The OP is married once,his current wife is pregnant with another man's baby and so they have decided to get a divorce.The divorce is not done yet but both have move on and now his current girlfriend who he wishes to marry after divorce would like to petition for him.That is my understanding of his post.

[HRQX 4,145]

44 minutes ago, RamBam92 said:

this subjects you to deportation proceedings at any time.

Correct; so OP should continually check if there have been any immigration proceedings scheduled for him. He can call the EOIR automated hotline at 1-800-898-7180. He will need his A-number (alien number). If after divorce and subsequent marriage with new partner he's still not in deportation proceedings he can file his AOS packet at the Chicago Lockbox. Upon filing he'll be in a period of stay authorized by the Secretary of Homeland Security. On the other hand, if he's in deportation proceedings by that time then he'll need to file the AOS packet at:

• The Immigration Court

• and send a complete copy of the application to the appropriate Immigration and Customs Enforcement (ICE) Office of Chief Counsel

• and must also send a copy of the application and filing fees to USCIS Texas Service Center

https://www.uscis.gov/i-485-addresses

[imminewbie 6]

45 minutes ago, jamrep said:

The OP is married once,his current wife is pregnant with another man's baby and so they have decided to get a divorce.The divorce is not done yet but both have move on and now his current girlfriend who he wishes to marry after divorce would like to petition for him.That is my understanding of his post.

Spot on. Thank you. 

 

7 minutes ago, HRQX said:

Correct; so OP should continually check if there have been any immigration proceedings scheduled for him. He can call the EOIR automated hotline at 1-800-898-7180. He will need his A-number (alien number). If after divorce and subsequent marriage with new partner he's still not in deportation proceedings he can file his AOS packet at the Chicago Lockbox. Upon filing he'll be in a period of stay authorized by the Secretary of Homeland Security. On the other hand, if he's in deportation proceedings by that time then he'll need to file the AOS packet at:

• The Immigration Court

• and send a complete copy of the application to the appropriate Immigration and Customs Enforcement (ICE) Office of Chief Counsel

• and must also send a copy of the application and filing fees to USCIS Texas Service Center

https://www.uscis.gov/i-485-addresses

Wow. Thank you for this. It’s incredibly helpful! With the help of a lawyer, I will definitely be taking this course of action once my divorce is final and I’ve remarried. 

 

1 hour ago, Paul & Mary said:

He has been without status since 2018 and will next have a third serial marriage in order to adjust.  

No disrespect but this is just not correct, save for being without status. My wife met someone else, got pregnant and moved on. I then moved out and moved on myself. I plan to marry my girlfriend once the divorce is final. I’m not the only person in the world who has married shortly after a divorce. It’s hardly serial. Again, no disrespect. 

[discoverusa 286]

There is nothing really too complicated here.

Divorce your current wife.

Marry your current girlfriend and adjust status (provided your current girlfriend is a US Citizen).

 

There may be some extra scrutiny during the interview, because of the timeline if you divorce and marry someone else right away (be prepared to answer some of those questions). 

 

I recommend to start divorce asap as you are presumed a father if baby is born within marriage (even though your marriage is over). You are possibly a subject to child support and it would to on you to dispute you are not the father. Hopefully, it will not come to that.

 

Good luck! 

[Crazy Cat 42,406]

4 minutes ago, imminewbie said:

once my divorce is final

When do you anticipate being free to marry?

[imminewbie 6]

1 minute ago, Lucky Cat said:

When do you anticipate being free to marry?

I’m hoping it will all be final by June, if not sooner. I don’t know how long the process takes. 

[RamBam92 5]

19 minutes ago, imminewbie said:

I’m hoping it will all be final by June, if not sooner. I don’t know how long the process takes. 

What state are you in? Is your current wife aware of your intention to divorce and are you on the same page with dividing assets and all that stuff? 

[Just Paul 4,595]

1 hour ago, imminewbie said:

I’m hoping it will all be final by June, if not sooner. I don’t know how long the process takes. 

Good luck with that.  It all depends on the state and the willingness of the wife. Hopefully you aren't in a state that takes a year.  In many states the married partner is automatically listed as the father of the child.

 

[Duke & Marie 1,389]

3 hours ago, jamrep said:

I don't think he is doing that,situation happens in marriage and maybe the new girlfriend wants him to stay here.

I think if he only moved out from current wife in January it’s a little early to be looking at marrying girlfriend... I guess the next question is is girlfriend a LPR or USC for AOS purposes 🤷‍♀️ But very much starting to sound like a convenience situation 

[Boiler 46,183]

3 hours ago, RamBam92 said:

You need to hire a lawyer IMMEDIATELY. Someone already mentioned this but you are here illegally as of 2018 and this subjects you to deportation proceedings at any time. It doesn't matter that you're married to a USC if there's no green card to show for it. It also doesn't matter that you intend to marry someone later on and get a GC through that marriage, you can be deported well before that.

 

When you divorce your current wife, what if she takes you to court for alimony? That will immediately bring your current immigration status in the eyes of ICE and USCIS and without a lawyer you'll be screwed. I'm sorry to be so blunt but you are in a ridiculously bad situation here - call a lawyer TODAY.

May need a Divorce Lawyer, may have a Divorce Lawyer. There are millions here illegally and none of them seem that bothered about their staus, the OP does not either. Divorce is a Stae issue, Immigration is Federal. Why do you think he would be liable for alimony with such a short marriage?