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frndly1

Separated with a green card denial but wants to get remarried.

By frndly1 in Effects of Major Family Changes on Immigration Benefits

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SalishSea Grand Master

SalishSea   17,828

Posted
Filed: Lift. Cond. (apr) Country: New Zealand
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1 hour ago, frndly1 said:

Redrock,  His brother sponsored him 5 years ago.  Yes, his brother has his citizenship.   You are correct I don't have the whole story, but I do know alot.   Thanks.

Not enough to be a go-between for info.  I suggest your friend join the convo here.

 

It sounds like he's trying to adjust status via a sham marriage.  Sibling sponsorship takes YEARS, and there is no visa available for him yet.

 

Now he's got another sham marriage lined up to try and adjust through?  He's wading through deportation and permanent bar territory.

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EM_Vandaveer Experienced

EM_Vandaveer   2,408

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Filed: Citizen (apr) Country: Hungary
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4 minutes ago, Redro said:

OP explained his friend received work authorization from his brother who sponsored him. We aren’t talking about first entry but how he is able to work. 

 

 

 

That's not a thing, though....

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Boiler Grand Master

Boiler   45,486

Posted
Filed: K-1 Visa Country: Wales
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Maybe he obtained EAD through the filing with Spouse No 1 and is still using it? Despite it being no longer valid.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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JeanneAdil Grand Master

JeanneAdil   6,498

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Filed: Citizen (apr) Country: Morocco
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he came on tourist visa _no sponsor

married and applied to adjust status

denied AOS and will divorce

he has no legal way now to stay in USA as he has no sponsor

Marrying another USC will not help his status

 

there is no reason to remarry the same person /just halt the divorce

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Verrou Proficient

Verrou   1,962

Posted
Filed: AOS (apr) Timeline
Posted (edited)

i agree with @JeanneAdil.when he said "sponsor" probably just tourist visa "sponsored" by the brother.

met USC and got married, that's how he got the EAD

 

most likely he will get NTA since he got denied AOS. when ? dont know the timeline but that's most people got the NTA after AOS denial

 

can he re-married? he can absolutely can. noone cant stop him from re-married once his divorce finalized.

can he get the GC from 2nd marriage with USC? now that's the million dollar question. it will be difficult and hard to win

Edited by Verrou
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JeanneAdil Grand Master

JeanneAdil   6,498

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Filed: Citizen (apr) Country: Morocco
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13 hours ago, frndly1 said:

He is from Nigeria.   His brother sponsored him here.

His brother could have paid his expenses but can not sponsor a tourist visa or sponsor him to Adjust status

his wife ,  as u stated,  had to help with AOS and his wife did not cooperate and he was denied/  he is out of status 

 

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Beth & Achraf Rising Star

Beth & Achraf   328

Posted
Filed: Citizen (pnd) Country: Morocco
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Posted
21 hours ago, frndly1 said:

I have a friend that came here on a visitor visa then got married a year later.  They applied for the green card and was denied because the US Spouse thought the questions being asked were too personal.  They are legally separated and will be able to file for divorce in a few months ( the state requires 1 year separation).  He does have work authorization and is still working.  He has been here for 5 years and married for 4 years.  Question.  How long should he wait to get married and what kind of documents would he have to file? 

Tried to adjust from visitor's visa,   failed the interview, divorcing and wants to re marry & again apply for green card = a lot of red flags.

If he does remarry, has to prove a true relationship, joint banking, credit cards, lease or mortgage, life insurance on each other,  joint auto titles, etc.   Will need LOTS of evidence  especially since first filing with USCIS failed.

 

 

 

Formally Known as Paris Heart   A long, long time ago       france paris GIF

 

 

N-400  APPLIED FOR CITIZENSHIP:    Interview will be Houston Tx office.

Mailed:  11/13/2023

Delivered to USCIS Lock Box:  11/15/2023

Credit Card payment processed:  11-16-2023

Received Receipt #   via Text:  11-17-2023

I-797C Receipt received:  11-27-2023

Biometrics  will be reused per letter: 11-27-2023

 

 

 

 

 

FILED  AOS FROM AN EXPIRED VISITORS VISA:

 

Sent: 9/12/16: I-130 + I-485 + I-765 (USPS)

Delivered: Sept. 15th 2016 to Chicago Lock Box

Interview Feb  21st, 2018 for I-485

Interview  May 13th, 2019 for I-130 Stokes interview ( 2 minutes)

NOID issued May 17th 2019

June 5th,2019   USCIS received my response on the  NOID// Addressed the NOID myself, No lawyer ever used in case.

July 1st, 2019  10 YEAR GREEN CARD APPROVED

July 5th, 2019   Approval letters for I-130 & I-485 received in the USPS  mail.

July 11th 2019   Green Card in Hand

 

 

 

 

     happy tom and jerry GIF

 

 

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Boiler Grand Master

Boiler   45,486

Posted
Filed: K-1 Visa Country: Wales
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Posted

Nothing is happening if the first marriage was fraudulent.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Redro Experienced

Redro   4,611

Posted
Filed: IR-1/CR-1 Visa Country: South Africa
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9 hours ago, EM_Vandaveer said:

That's not a thing, though....

Exactly. We are not getting the whole story. We can only speculate about what really happened. 

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frndly1 Community Regular

frndly1   1

Posted
Filed: K-1 Visa Country: Morocco
 Timeline
  • Author
Posted

I want to thank everyone that responded.  He is in the process of seeking advice from an immigration lawyer.  He is hopeful everything will work out.

Traveled to Morocco on Aug 3rd, 2005

Got Engaged on Aug 16th, 2005

Left Morocco on Aug 19th, 2005

08-29-05 Filed I129F

01-09-06 Interview Date (9am) We were not approved today, I guess we got a 221g of the damn S. Korea Police Certificate that Casablanca said we didn't need.

03/03/06 Turn in Passport at 9am

03/15/06 Visa Issued

03/31/06 Enter USA via JFK

05/15/06 Wedding for Visa

06/10/06 Mailed AOS papers

07/06/06 Biometerics Apt

07/15/06 My offical wedding day....I know .....:-)

07/10/06 Touched

08/25/06 EAD Approvel

09/01/06 EAD in Hand

09/26/06 AOS Interview (Recommend for Approval)

10-05-06 Received Welcome Letter

10-10-06 Green Card Arrived.

We are now one9d63d28.jpg.png

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TBoneTX Grand Master

TBoneTX   45,284

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted
19 minutes ago, frndly1 said:

I want to thank everyone that responded.  He is in the process of seeking advice from an immigration lawyer.  He is hopeful everything will work out.

Please keep us apprised as events occur.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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