green card

[mseck8688 16]

17 minutes ago, Rocio0010 said:

“A long time ago “… as in filing a join 751 in February with your USC spouse? Yeah, no. I’m sorry. That doesn’t add up. There is no way a 751 that you were planning to file in February of this year has already been approved, unless either you’re extremely lucky and had no bumps on the road, or I’m misunderstanding 

there is no luck when it comes to immigration case   I have never get a lawyer I did prepare my case by myself  gather all documents and evidence of bonafide marriage 

if your marriage is real don't worry the officers at immigration they are not god or prophet they are workers not different from office workers .

I remember at my first interview at the end I did ask the officer where is located the Starbucks coffee ?

good luck to all filers the secret is don't lie don't play games don't create lies and you will be fine no matter how bad can be the partner . Usa is. country of law like driving on a highway drive right drive respect the driving rules or your will get pullover 

Edited August 19, 2022 by mseck8688

[Rocio0010 5,579]

4 minutes ago, mseck8688 said:

there is no luck when it comes to immigration case   I have never get a lawyer I did prepare my case by myself  gather all documents and evidence of bonafide marriage 

if your marriage is real don't worry the officers at immigration they are not god or prophet they are workers not different from office workers .

I remember at my first interview at the end I did ask the officer where is located the Starbucks coffee ?

good luck to all filers the secret is don't lie don't play games don't create lies and you will be fine no matter how bad can be the partner . Usa is. country of law like driving on a highway drive right drive respect the driving rules or your will get pullover 

Im not sure you understood my post, but thanks for the advice. I’m not worried about my marriage. And I don’t agree with the idea that there is no “luck” in immigration. But I digress. 

What I’m saying is, in February of this year you asked if it was legal to file for a 751 if you were separate from your wife. So I don’t understand how you can say that your application was approved a long time ago, when in theory you filed for 751 in February of this year. Or it might be a language misunderstanding. 
Your timeline is not complete. It would really help me understand the situation better.

About filing for i751 as joint when you’re separate… I am not so sure it is not misrepresentation. You submitted a form and evidence saying that you were still a couple, when in reality you were separated. I do understand that there is no “separated” status for filing a 751, but if you were living separate (and not because of employment/ studies), then you might have committed misrepresentation.

So, in order to understand you and provide better advice, it’d be better to complete your timeline.

When did you get married to your first wife?

When was your 751 approved?

When did you separate?

When did you divorce?

[powerpuff 6,697]

Also… if you obtained your GC through a marriage to a US citizen and then divorced, you cannot apply for a new spouse until you either have held your LPR status for 5 years or obtained citizenship.

 

So, have you been a GC holder for 5 years? 

[mseck8688 16]

27 minutes ago, Rocio0010 said:

Im not sure you understood my post, but thanks for the advice. I’m not worried about my marriage. And I don’t agree with the idea that there is no “luck” in immigration. But I digress. 

What I’m saying is, in February of this year you asked if it was legal to file for a 751 if you were separate from your wife. So I don’t understand how you can say that your application was approved a long time ago, when in theory you filed for 751 in February of this year. Or it might be a language misunderstanding. 
Your timeline is not complete. It would really help me understand the situation better.

About filing for i751 as joint when you’re separate… I am not so sure it is not misrepresentation. You submitted a form and evidence saying that you were still a couple, when in reality you were separated. I do understand that there is no “separated” status for filing a 751, but if you were living separate (and not because of employment/ studies), then you might have committed misrepresentation.

So, in order to understand you and provide better advice, it’d be better to complete your timeline.

When did you get married to your first wife?

When was your 751 approved?

When did you separate?

When did you divorce?

I got married since 2015 this is a site where  I came to get a minimum information not throwing ,my exact date and timeline I have my 10 year green approved. with immigration take it easy be honest or you take it hard you end up in a mental depression life is beautiful being letal is just the the beginning but nit everything 

[Rocio0010 5,579]

20 minutes ago, mseck8688 said:

my exact date and timeline

Then why do you think there is an option to fill your timeline? It’s so that people can understand your case better. 

 

20 minutes ago, mseck8688 said:

have my 10 year green approved

When did you file? February 2022? 
That can’t be possible. 
So if you filed before, why were you asking in February 2022 if it was legal to file for ROC while being separated? 🤨🤨🤨

 

22 minutes ago, mseck8688 said:

with immigration take it easy be honest or you take it hard you end up in a mental depression life is beautiful being letal is just the the beginning but nit everything

Not sure who your advise is addressed to. 
Going back to your question, no, overstays are not forgiven for spouses of green card holders.

[Family 3,988]

11 hours ago, Jorgedig said:

11 hours ago, Family said:

Go ahead and apply for N-400 now and also file the I-130 for your wife. She can wait here while you naturalize and the I-130:will be upgraded once you are a US Citizen. 

She can then file the I-485 w a copy of the I-130 ( even if it’s still pending) and a copy of the Natz Certificate  as the overstay will be forgiven.

 

Is there a reason you have not applied for N-400? 
 

Why do you assume OP is eligible for citizenship?

Thank you @Jorgedig my assumption was indeed misplaced this time and OP has not answered my question on what’s holding him back from applying for N-400. …but he may need to slow down and prepare a bit

OP, I think it will be helpful for you to consult an immigration attorney in private, if you don’t want to provide answers to the questions you have been asked. 

You have a few complications that may prove problematic…such as getting  the jointly filed I-751 approved while you were separated…and filing an I-130 for a second spouse earlier than you should ….cause they can GO BACK and look at your first marriage with a different lense .

 

So if you want some input from others, go back and answer the questions…am sure you will get some advice 

 

[Boiler 45,499]

Agree this is not DIY

 

[Rocio0010 5,579]

6 hours ago, Family said:

You have a few complications that may prove problematic

Agree. Also if you look at his previous posts, OP had two interviews for his AOS, one of which was a stokes interview that included very intimate questions. 
I’m afraid there is more to this story …

[Family 3,988]

Para bom entendedor, meia palavra basta.” Literal meaning: “To a good listener, half a word is enough.”
Hope all these warnings help you prepare…but congrats on new marriage anyway.