My case is complicated. Spouse visa denied 5 years ago. Am I able to sponsor new petition?

[little_mon 0]

3 hours ago, geowrian said:

Gotcha, thanks.

So the visas were refused, which makes more sense. The little time together would be the biggest basis for that. If that was the only issue, then I would be more optimistic than it may have sounded in my previous message.

 

Ah,employment-based cases and family-based cases are separate beasts. There's not much money to be made in most family-based cases with a lawyer, unless there are waivers or more complex technical elements. I can see why they weren't as eager to take the case now. The third one seemed more realistic, although the 5 year piece makes me wonder a bit, or if there was a misunderstanding of the circumstances. Hard to say.

 

The best thing I can suggest is to focus on your current marriage and showing quality evidence of it. Since you are living together in the US already, that's a plus. IMO, living together is the biggest evidence you have...the child itself is not a strong factor (frauds have kids, too...it sounds heartless but we've certainly seen people use a child as a means to try to immigrate). Living together, sharing bills together, being beneficiaries on insurance policies, and doing other "normal married" things together is really the best evidence you can have.

Thanks for your suggestions. I like it and I will follow. 

[JFH 12,191]

The only thing I can see with regard to the previous denials is the time frame. 
 

Did you initially come to the US through marriage? It’s not uncommon for people to marry a USC, obtain a GC or even proceed to citizenship, to then divorce the USC, take a trip home and suddenly marry someone from their original home town or locality. This does happen. And the assumption is that the couple planned it all along as a way for both of them to come to the US. The speed with which you met and married the husband could be suspicious. Did you appeal the rejection? One would assume a couple deeply in love would appeal a rejection. I’m not accusing you of anything but you have to agree that there are patterns in your previous case that consular officers are trained to spot. 
 

That said, it’s all water under the bridge now, and in your favor in the new case is the fact that the new husband was already lawfully present in the US when you met and married him. He didn’t need to get married to come here, he had a work visa based on his own merits. Unless you married him after his visa expired and he was in removal proceedings, you shouldn’t have anything to worry about. 
 

I think the lawyers not bring willing to take on your case is more an issue of “not worth my time” than your case having little prospect of success. The lawyers want the big juicy cases with hours and hours of work that they can invoice, just like any other service provider. 

Edited May 22, 2020 by JFH

[little_mon 0]

4 hours ago, JFH said:

The only thing I can see with regard to the previous denials is the time frame. 
 

Did you initially come to the US through marriage? It’s not uncommon for people to marry a USC, obtain a GC or even proceed to citizenship, to then divorce the USC, take a trip home and suddenly marry someone from their original home town or locality. This does happen. And the assumption is that the couple planned it all along as a way for both of them to come to the US. The speed with which you met and married the husband could be suspicious. Did you appeal the rejection? One would assume a couple deeply in love would appeal a rejection. I’m not accusing you of anything but you have to agree that there are patterns in your previous case that consular officers are trained to spot. 
 

That said, it’s all water under the bridge now, and in your favor in the new case is the fact that the new husband was already lawfully present in the US when you met and married him. He didn’t need to get married to come here, he had a work visa based on his own merits. Unless you married him after his visa expired and he was in removal proceedings, you shouldn’t have anything to worry about. 
 

I think the lawyers not bring willing to take on your case is more an issue of “not worth my time” than your case having little prospect of success. The lawyers want the big juicy cases with hours and hours of work that they can invoice, just like any other service provider. 

Thanks. Good point.  I obtained my GC with my dad’s employment based GC. So this should a little bit better for my case than obtaining by marriage, right?

 

bad thing is that I didn’t appeal after denial and divorced soon. 

 

My husband is good to stay here now. But once he loses his job, it’s hard to find another during the covid 19 and thus lose lawful status to stay.  That’s what makes me feel urgent to help him obtain GC. 

Edited May 22, 2020 by little_mon

[HRQX 4,145]

1 minute ago, little_mon said:

That’s what makes me feel urgent to help him obtain GC. 

While the Form I-485 application is pending he'll be in a period of stay authorized by the Secretary of Homeland Security. Form I-765 and Form I-131 are optional to file with the Form I-485, but are highly recommended. Those 2 forms are free: "If you properly file Form I-485 and pay the required fees, you may file Form I-765 and Form I-131 without paying additional fees. You may file these forms together, or if you choose to file Form I-765 or Form I-131 separately, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence that you filed and paid for Form I-485." https://www.uscis.gov/system/files_force/files/form/i-485instr.pdf

[Villanelle 4,122]

2 hours ago, little_mon said:

That’s what makes me feel urgent to help him obtain GC. 

I understand English is not your first language but please be careful how you say things. The phrase 'urgent to help him obtain GC' can be interpreted badly. If the point of your marriage was to help him obtain a greencard- thats fraud. 

 

Do you have any paperwork on the denials for your previous spouse?  How soon after he was denied the CR visa did you divorce? And then when did you remarry? It seems like there might have been a language issue when you spoke to the attnys for them to all say you have major issues. It is a serious issue IF your previous visa attempts were denied for being suspect of fraud. Not proving bonafide relationship does not equal fraud. If they found/suspected fraud your denial would specifically state such. 

[little_mon 0]

9 hours ago, Villanelle said:

I understand English is not your first language but please be careful how you say things. The phrase 'urgent to help him obtain GC' can be interpreted badly. If the point of your marriage was to help him obtain a greencard- thats fraud. 

 

Do you have any paperwork on the denials for your previous spouse?  How soon after he was denied the CR visa did you divorce? And then when did you remarry? It seems like there might have been a language issue when you spoke to the attnys for them to all say you have major issues. It is a serious issue IF your previous visa attempts were denied for being suspect of fraud. Not proving bonafide relationship does not equal fraud. If they found/suspected fraud your denial would specifically state such. 

Thanks for reminding me of the language issue. You’re right. That may cause miscommunication. 
 

I forgot what they said in the 6 year old decision letter. Let me check it. Thanks.