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

[RamBam92 5]

1 hour ago, Boiler said:

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?

Hey @Boiler Alimony laws vary state to state, and we don't know what the status with the child is. As @Paul & Mary mentioned, in some states the husband of the mother is automatically put on the birth certificate. We're missing a lot of information, which is why I asked OP clarification questions in a subsequent post. Didn't mean to suggest he absolutely is liable for alimony, but divorce proceedings can end in court (could be for division of assets), and even though its a state matter, there are many cases of USCIS and ICE getting information on out of status individuals via court documentation. 

[Boiler 46,183]

39 minutes ago, RamBam92 said:

Hey @Boiler Alimony laws vary state to state, and we don't know what the status with the child is. As @Paul & Mary mentioned, in some states the husband of the mother is automatically put on the birth certificate. We're missing a lot of information, which is why I asked OP clarification questions in a subsequent post. Didn't mean to suggest he absolutely is liable for alimony, but divorce proceedings can end in court (could be for division of assets), and even though its a state matter, there are many cases of USCIS and ICE getting information on out of status individuals via court documentation. 

There are millions and  illions of out of status people, they do not need to go fising in Divorce courts when immigration is not noted anyway.

 

And yes he needs to be absolutley certain he does not get shafted for the child,

[imminewbie 6]

3 hours ago, Duke & Marie said:

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 

I should have been more clear. January 2019 is when I moved out. The timeline I wrote in the first post is roughly approximate. I’ve been with my girlfriend for a little over a year. 
 

My wife and I don’t have a lot on the way of assets. I don’t need or want any of it. I live in TX. 

[Almostthere08 16]

16 minutes ago, imminewbie said:

I should have been more clear. January 2019 is when I moved out. The timeline I wrote in the first post is roughly approximate. I’ve been with my girlfriend for a little over a year. 
 

My wife and I don’t have a lot on the way of assets. I don’t need or want any of it. I live in TX. 

Texas=no alimony and you can finalize the divorce 60 days after filing and can be remarried 30 days after the divorce is final. So roughly a little over 3 months. I would get it on it and file as soon as possible so the clock can start ticking.

[imminewbie 6]

5 minutes ago, Yani08 said:

Texas=no alimony and you can finalize the divorce 60 days after filing and can be remarried 30 days after the divorce is final. So roughly a little over 3 months. I would get it on it and file as soon as possible so the clock can start ticking.

Wow thank you! You’re very helpful. And I will get on it ASAP. 

[SalishSea 18,161]

7 hours ago, imminewbie said:

Spot on. Thank you. 

 

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. 

 

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. 

So how do you support yourself if you're out of status, etc?  

[imminewbie 6]

34 minutes ago, Jorgedig said:

So how do you support yourself if you're out of status, etc?  

I think you know the answer to that to which I’ll plead the fifth. 

[HRQX 4,145]

37 minutes ago, imminewbie said:

I think you know the answer to that to which I’ll plead the fifth. 

If you are working then be honest in the AOS packet. That inadmissibility bar doesn't apply to immediate relatives of US citizens: "Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21." https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

 

Just remember the cardinal rule: Never make a false claim of US citizenship on the I-9 or other forms. That bar is permanent and unwaivable*.

*Unwaivable for immigrating purposes. Theoretically waivable for nonimmigrant visas but not realistic in the slightest way.

[dwheels76 5,469]

10 hours ago, imminewbie said:

I should have been more clear. January 2019 is when I moved out. The timeline I wrote in the first post is roughly approximate. I’ve been with my girlfriend for a little over a year. 
 

My wife and I don’t have a lot on the way of assets. I don’t need or want any of it. I live in TX. 

I'm in Texas also and have like a timeline like yours where I divorced and married 21 days later. Petitioned my husband from Nigeria.
I wrote a Divorce timeline (have example attached) because people sometimes don't get that the marriages in most situations ended way before the final decree. Mine was over 2 years prior when my ex married someone else while married to me. I filed when he couldn't, wouldn't produce divorce papers because well he didn't divorce me.
So my suggest is be sure to have a Divorce timeline attached to that final divorce decree.Helps make a better picture no gray area.

 

Wishing you all the best should be no issue.

Divorce Timeline example.doc

[imminewbie 6]

1 hour ago, dwheels76 said:

I'm in Texas also and have like a timeline like yours where I divorced and married 21 days later. Petitioned my husband from Nigeria.
I wrote a Divorce timeline (have example attached) because people sometimes don't get that the marriages in most situations ended way before the final decree. Mine was over 2 years prior when my ex married someone else while married to me. I filed when he couldn't, wouldn't produce divorce papers because well he didn't divorce me.
So my suggest is be sure to have a Divorce timeline attached to that final divorce decree.Helps make a better picture no gray area.

 

Wishing you all the best should be no issue.

Divorce Timeline example.doc 35 kB · 1 download

This is very sound advice. Thank you very much!

[Beth & Achraf 328]

On ‎4‎/‎22‎/‎2020 at 11:01 AM, Lucky Cat said:

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.

I should of said, WHEN he marries his future wife, then she can file for him.