Announcement

Collapse
No announcement yet.

Married another USC and filling AOS all over again

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Married another USC and filling AOS all over again

    Hello, I am filling an AOS package after marrying a USC and have a few questions.
    But before that let me explain my situation.

    Came on VWP in Nov 2002, met USC in Dec 2002, maried to USC and filled AOS package in March 2002, got EAD and AP in June 2002.
    Went home on AP in Jan 2003.

    I filed for divorce in Feb 2003 and divorce was final in Sep 2003.

    In May 2003, I met another USC and we are now thinking about marriage.

    I and my first husband have not yet been scheduled for the AOS interview...

    1)Do I need to wait for my first AOS to be denied in order to file another AOS based on my second marriage?

    2)Do I need a lawyer to help me with this AOS or is it as easy as the first one?

    3)In the I-485 they ask whats my current status?...
    Is it Parolee? or Adjustment of status?

    4)In what status did you enter?
    Is it Parolee or AOS???

    5) Date your authorized stay expired??
    I came back on AP so how do I know???

  • #2
    Hello, I am filling an AOS package after marrying a USC and have a few questions.
    But before that let me explain my situation.

    Came on VWP in Nov 2002, met USC in Dec 2002, maried to USC and filled AOS package in March 2002, got EAD and AP in June 2002.
    Went home on AP in Jan 2003.

    I filed for divorce in Feb 2003 and divorce was final in Sep 2003.

    In May 2003, I met another USC and we are now thinking about marriage.

    I and my first husband have not yet been scheduled for the AOS interview...

    1)Do I need to wait for my first AOS to be denied in order to file another AOS based on my second marriage?

    2)Do I need a lawyer to help me with this AOS or is it as easy as the first one?

    3)In the I-485 they ask whats my current status?...
    Is it Parolee? or Adjustment of status?

    4)In what status did you enter?
    Is it Parolee or AOS???

    5) Date your authorized stay expired??
    I came back on AP so how do I know???

    Comment


    • #3
      I dont even know if I can adjust here if I get married a second time, we are considering that I go back home and apply for fiancee visa instead.

      I dont think I will have a 3 year bar since I never overstayed.

      Comment


      • #4
        Best for you is to take a lawyer.
        Immigration laws are changing all the time, there are tricky pits everywhere.

        Check out lawyer's reputation, then ask for costs. It does not have to be expensive, you need to "shop".

        Good luck.

        Comment


        • #5
          Does anyone knows how much a lawyer would charge to fill the entire AOS package?

          Just trying to get an estimate.

          Comment


          • #6
            A lawyer who posts OFTEN on Britishexpats.com and is in California says he charge 1400 for AOS plus $30 for misc expenses. That does NOT include the fee to file the form. Take a look at: http://members.aol.com/MDUdall/fiancee.htm

            Comment


            • #7
              Did you withdraw the first I485 paperwork for the conditional greencard from the first marriage? You know you cant have 2 AOS papwork floating around. Why are u waiting for it to be denied?

              The 2nd set of papers is the same as the first. if you filled out the first ones, same for 2nd set.

              Are you still in status per your original visa? if so shouldnt be problem. Are you only in status becuase of pending I-130/485 apps? If so, by withdrawing you will be out of status. But once the other ap is withdrawn, you can submit the new apps with request to AOs based on your new husband USC.
              Best regards

              Comment


              • #8
                No I didnt withdraw the first AOS petition yet, I thought that the second petition would automatically cancel the first one....

                Yes i was still in status coz of filling AOS, but now divorced..so I dont know whats my status...

                Can I send a letter of withdrawal of the first petition when I send my new AOS?

                I guess that there is no FORM to withdraw a petition, but just a letter explaining what happened right?

                My first thought was to wait and go to my first AOS interview alone and tell them that my marriage didnt work, but was bona fide, and tell them that I intend to marry again...

                Comment


                • #9
                  I have been fingerprinted and got all the shots after I sent my first AOS package, do I need to pay the fingerprinting fee again and what about those shots?

                  Comment


                  • #10
                    As far as Advance Parole is concerned, I dont even think I need to apply, they might not let me back in the Country if I leave before I got a GC...

                    Comment


                    • #11
                      Casandra, you never answered if your VISA had expired.. to make you out of status. of course you will go out of status becuase you are divorced without obtaining your cond. green card.

                      1. If your visa is still valid then you are still legal. Proceed to get married and withdraw the current paperwork and submit new AOs papers.

                      2. If visa is expired. then u will be out of status becuase once the paperwork is withdrawn it is finished.

                      What is reason for breakdown of 1st marriage. was spouse abusive? etc.

                      I suspect you will be quizzed by BCIS in your interview for 2nd marriage becuase of the short term of 1st marriage and quick re-marriage. Be prepared.

                      Also , if you are getting married.. I would be married already before withdrwing that paperwork.

                      Also I suggest you contact a immigration lawyer for consultation before remarry just to confirm any answers and advise you have received here on the board. Best regards

                      Comment


                      • #12
                        Hi 4NOW,

                        Thank you so much for taking the time to answer my questions.

                        As far as VISA is concerned....like I said, I came on VWP in Nov 2002...so my I-94 expired 90 days later..in Feb 2002.

                        So yes, if I withdraw the petition, I will be out of status. Thats why I am so concerned about the timing...what to do first.

                        My idea would be to get married first, then send the new AOS package and in the same enveloppe, a letter of withdrawal of the first petition...in that way I wont have any out-of-status period and also I wont have 2 petitions running at the same time.

                        But I was wondering,...if I send my second AOS package...wont the BCIS officer automatically realize that my first petition is to cancel..since in the second package there will be the DECREE OF DIVORCE OF THE FIRST MARRIAGE.

                        The reason for divorce, is that we didnt get along anymore, we separeted, and we tried to work it out, but it didnt work, so I decided to file for divorce...

                        Comment



                        Working...
                        X