Announcement

Collapse
No announcement yet.

green card and second marriage

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

  • Benlee
    replied
    Hi everyone ,I had excactly happens on my case now, first marriage just one year at CA, we not work out so we divorce,but we are on the second interview , I draw the case and sent divorce letter and Cancell the case to uscis. After 6 years , I marriage again , and I was got deny of the first marriage because uscis said my first marriage is fraud. Because before me and first wife was apply marriage with one agent company, uscis said the company was busted , they do a lot of the fake marriage, so I was got suspect on the first marriage because the agent carol Yong ( one of the agent maybe, but I don't know who is it, who will remember the agent name when you register marriage, I 100% non of you remember). Now my second marriage was deny, what can I do now , I have all my family here, parents and brothers, also had one son 5 years old , is with another women after divorce with the first wife, but the women is not marry with me and leave me and my son when my son was just two month. Please help me out here, I looking for lawyer at GA here, but the lawyer said I was deny on marriage fraud on first marriage so I cannot apply any marriage and even family or my son support me , they all is citizen at USA , I cannot come to usaanu more or legal to stay , any one good experience and any good lawyer to help me ? Me and family and my 5 years old son is really thanks for you!!!

    Leave a comment:


  • Benlee
    replied
    I had excactly happens on my case now, first marriage just one year at CA, we not work out so we divorce,but we are on the second interview , I draw the case and sent divorce letter and Cancell the case to uscis. After 6 years , I marriage again , and I was got deny of the first marriage because uscis said my first marriage is fraud. Because before me and first wife was apply marriage with one agent company, uscis said the company was busted , they do a lot of the fake marriage, so I was got suspect on the first marriage because the agent carol Yong ( one of the agent maybe, but I don't know who is it, who will remember the agent name when you register marriage, I 100% non of you remember). Now my second marriage was deny, what can I do now , I have all my family here, parents and brothers, also had one son 5 years old , is with another women after divorce with the first wife, but the women is not marry with me and leave me and my son when my son was just two month. Please help me out here, I looking for lawyer at GA here, but the lawyer said I was deny on marriage fraud on first marriage so I cannot apply any marriage and even family or my son support me , they all is citizen at USA , I cannot come to usaanu more or legal to stay , any one good experience and any good lawyer to help me ? Me and family and my 5 years old son is really thanks for you!!!

    Leave a comment:


  • SonofMichael
    replied
    Scratching my head on this one. I hope he tells us what happens.

    Leave a comment:


  • 4now
    replied
    Poster has yet to say what the denial was for and/or the outcome of the court date. he says he doesnt know.

    Fraud has not been proven as of yet.His case has Highest level Fraud status. and he was a no show in court. They cannot adjust status until 1st marriage has been proven not a sham. hence, the i-130 is approved based on bonafide relationship which he did prove and do dna test for children. I-485 is still in doubt waiting to be ruled on. people have i-130 approved all the time. but they are not eligible to adjust status on i-485.

    Leave a comment:


  • mike_2007
    replied
    actually this is strange , bcoz like som said, as far as i know if the first marriage was fraud or in another word bcoz i dont know this guy and i cann't judge him, if the uscis believe his first marriage was fraud they wont approve the i-130 , they wont wait until the i-48g level , as far as i know they will denied the i-130 and they wont waste their time to process the whole case anyway, but to me it seems like i told him the first time, he didnt have good evidenve for his first marriage but at the same time they didnt have evidence againts him either, little evidence or no evidence doesn't mean it's fraud,things happen sometimes and uscis know's that ,they cann't just charge him with fraud bcoz if he went to the court what would the INS attorney tell the judge? fraud ok and the judge will ask him what does the goverment have againts him, and the only thing they can say that he didnt have good evidence or no evidene, but still if he say i didnt marry her for the green card there is no way they can charge him with it, his word agints their word, and i think when they told him fraud and all this they were just trying to scare him and make him say somethingto be used againts him later, and he didnt say anything and they couldn't proov it

    Leave a comment:


  • SonofMichael
    replied
    i think the fraud determination would be made on the i-130 level where it says there is a marriage fraud bar nut not the AOS.

    Leave a comment:


  • 4now
    replied
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SonofMichael:
    In his previous post, he said it was denied because they said it was a sham which should preclude a new visa, but no mention how that got cleared up. Would they nt adjudicate 485 and 130 simultaneously? No word on that? Very odd </div></BLOCKQUOTE>


    That is the point Michael. It didnt get cleared up becuase the lawyer that was handling the case got arrested himself for fraud. The case was put on hold.. or either poster was found guilty in absentia. He hasnt told us officially becuaes he says he hasnt heard anything more.

    Based on that fact, hence the only approval he can receive right now is the i-130 for the bonafide relationship with his current wife.

    If first marraige not proved bonafide, then no adjustment of status for any 2nd 3rd or 100th marriage.

    I think uscis wants to help him out here becuase of the family, but he is going to have to help them help him. Get the lawyer to look into status of he first case and fight what looks like an notice of intent to deny letter to soon come on the i-485.

    Leave a comment:


  • SonofMichael
    replied
    In his previous post, he said it was denied because they said it was a sham which should preclude a new visa, but no mention how that got cleared up. Would they nt adjudicate 485 and 130 simultaneously? No word on that? Very odd

    Leave a comment:


  • swissnut
    replied
    I agree. Now is not the time to avoid seeking competent immigration assistance.

    I'd like to know from the OP if he arrived in the USA on a K-1? Also, if he entered on some other visa, was his first adjustment of status was simply denied, or denied due to a finding of fraud?

    If he did not use a K-1 to enter the country, aren't the two situations slightly different in view of any subsequent attempts to adjust through a second marriage?
    It could be that adjustment of status failed with the first marriage due to an insufficient amount of evidence of a bonafide marriage. <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 4now:
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by djxlyafet:
    hey guys I got a letter from uscis today saying that my I-130 is approved so I guess that's a good thing or what's next? </div></BLOCKQUOTE>


    This is not good so far.

    I believe you applied for the whole package for adjustment of status. I-130 and i-485. correct me if I am wrong. You even had one interview and were invited back for a stokes interview which you both passed, along with confirmation that those are your 2 children.

    Petition for relative is approved. But that is not going to get you status. Your i-485 needs to be approved to make you legal status. sounds like they are holding the decision on that one until you can prove or they can be convinced that the first marriage was not a sham.


    Run to a lawyer as we have been telling you, or you may even be arrested and placed into detention if they act on the first denial of adjustment. </div></BLOCKQUOTE>

    Leave a comment:


  • djxlyafet
    replied
    I submitted both i-130 and i-485 at the same time

    Leave a comment:


  • SonofMichael
    replied
    But that determination should have or would have been made on the I-130. Something strange going on here...

    Leave a comment:


  • 4now
    replied
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by djxlyafet:
    hey guys I got a letter from uscis today saying that my I-130 is approved so I guess that's a good thing or what's next? </div></BLOCKQUOTE>


    This is not good so far.

    I believe you applied for the whole package for adjustment of status. I-130 and i-485. correct me if I am wrong. You even had one interview and were invited back for a stokes interview which you both passed, along with confirmation that those are your 2 children.

    Petition for relative is approved. But that is not going to get you status. Your i-485 needs to be approved to make you legal status. sounds like they are holding the decision on that one until you can prove or they can be convinced that the first marriage was not a sham.


    Run to a lawyer as we have been telling you, or you may even be arrested and placed into detention if they act on the first denial of adjustment.

    Leave a comment:


  • swissnut
    replied
    Sounds like he submitted the I-130 and didn't submit the I-485 yet. Curious.

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SonofMichael:
    Does anyone else find it odd that 3 days ago he posts his question and today he received the approval ? And what about the AOS approval? Why is that not mentioned? Anyone find this odd? </div></BLOCKQUOTE>

    Leave a comment:


  • SonofMichael
    replied
    Does anyone else find it odd that 3 days ago he posts his question and today he received the approval ? And what about the AOS approval? Why is that not mentioned? Anyone find this odd?

    Leave a comment:


  • djxlyafet
    replied
    hey guys I got a letter from uscis today saying that my I-130 is approved so I guess that's a good thing or what's next?

    Leave a comment:

Sorry, you are not authorized to view this page

Home Page

Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

EB-5

移民日报

About ILW.COM

Connect to us

Questions/Comments

SUBSCRIBE

Immigration Daily



Working...
X