Dating while separated

[nastra30 2,314]

4 minutes ago, Family said:

You realize no I-131 possible for I-130 .. without I-485 ….so not following the theoretical.
 

 

Thought DACA can apply for AP based on DACA status , no?

[Demise 1,315]

22 minutes ago, nastra30 said:

Does matter of Arrabally apply in all situations where intending immigrant is married to USC or only in situations where Adjustment of status is in play?

 

So let's say someone entered illegally, accrued 10 years unlawful presence after age 18+. Married a USC. Applied for I-130 and AP without adjusting. Travelled on AP. Will Arrabally apply in this situation?

It gets weird in this situation honestly. In order to get AP in this case you need a pending I-485, USCIS would most likely reject the I-485 in this case or would not approve the I-131 for AP.

 

But, if it did and the beneficiary would drive like a bat out of hell to Canada or Mexico, do a U-turn, and re-enter on AP, in this case the I-485 would still be denied, but this entry on AP would be valid for a subsequent I-485.

[Demise 1,315]

1 minute ago, nastra30 said:

Thought DACA can apply for AP based on DACA status , no?

Yes, but that is not what you asked in your previous post.

 

In any case, if a DACAer gets AP, travels out and in on it, they get the lawful parole and that's theirs forever. Then if they were to marry a US Citizen (or parent a US Citizen and wait 21 years), that entry would be good.

 

For most other cases the prior overstay would still be counted against them.

[nastra30 2,314]

8 minutes ago, Family said:

But once you are Inspected/ Paroled , it IS a legal entry. 

Of cause. This is basic. I'm just trying to see if there could be nuisances where your entry might be denied.

Edited April 21, 2022 by nastra30

[laylalex 7,293]

3 hours ago, vilmj said:

What is USCIS’ view on dating while separated? This is an informal separation. I petitioned for my first spouses green card which was approved without delays or RFE’s in 2008. They are now a US citizen. Things went downhill afterwards, keep in mind we’d been together since 2003. We informally separated 2011 and finalized our divorce in February 2012. I met my current spouse in 2011 while separated and married August 2012. We are just now applying for their green card. They currently have DACA. I’m stressing over the overlap in relationships. Anyone with a similar story?

** posted for a friend. 

To answer this part of the question (as opposed to the DACA issues which I don't know anything about), I know from experience that the answer is likely that there won't be a problem. I petitioned for my first husband via the K1/AOS process, and we removed conditions together. We were married for six years or so when we split up -- that was in early 2017, and he was a citizen by early 2018 under the five year rule.

 

I began a relationship with my current husband only a couple of months after my ex moved out. We had known each other for years and were close friends already. While my ex had a big problem with this, in the end it meant pretty much nothing in terms of USCIS. We were asked about the overlap in our AOS interview, but more in a "can you explain what was going on at the time" way. We explained it pretty much the same way I just did here. The interviewer said the timeline was a little screwy, but life can be screwy. The fact we had a solid relationship for several years before we got married probably helped us (together in 4/2017; married late 10/2020) and we also lived together.

[PaddyGirl13 75]

When I interviewed we were asked why our relationship started in 2011 when I wasn't divorced until 2014. I explained my ex and I separated in 2009 and in Ireland at the time, you had to wait until you were separated for 4 years before you could apply for a Divorce and the actual Divorce process can take another year too. The officer accepted that without further questions.

[Family 4,094]

12 hours ago, nastra30 said:

Of cause. This is basic. I'm just trying to see if there could be nuisances where your entry might be denied.

Edited 12 hours ago by nastra30

Thank you for your questions, they along with OP statement that attorney said “ issues” w DACA and AP, made me realize I am out of the frontline/ hands on “ loop” of changes. So right now, there ARE BIG problems w even DACAs ( prior EWI) relying on AP as legal entry for AOS. 
Matter of Z-R-C-G is now policy and may be applied to DACA 

 

https://www.ilrc.org/sites/default/files/resources/daca_advance_parole_pa_3.21.pdf

Houston We Have a Problem…

[vilmj 2]

Thank you all for your responses. I have relayed the information. They will create their own account because I cannot keep up. Thank you again. 

[Ontarkie 14,337]

~~Hijack post removed. If you have a question you need to start your own thread~~

[ghostinthemachine 76]

On 4/20/2022 at 2:50 PM, vilmj said:

What is USCIS’ view on dating while separated? This is an informal separation. I petitioned for my first spouses green card which was approved without delays or RFE’s in 2008. They are now a US citizen. Things went downhill afterwards, keep in mind we’d been together since 2003. We informally separated 2011 and finalized our divorce in February 2012. I met my current spouse in 2011 while separated and married August 2012. We are just now applying for their green card. They currently have DACA. I’m stressing over the overlap in relationships. Anyone with a similar story?

** posted for a friend. 

From personal experience, USCIS doesn't really seem to care. My husband sponsored his ex-wife back in 2013. They broke up in 2018 (a couple of years after she got her citizenship), but didn't officially get divorced until early 2021. We on the other hand started dating in early 2020 and got married a whole 3 months after his divorce was finalised last year. No questions asked. At the end of the day IOs are people just like we are. Life doesn't always flow in perfect, orderly lines and I'm sure they know just that too.

[TBoneTX 45,769]

An unrelated post was split into its own thread in the Waivers forum.