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Thread: Help!! Remarry while AOS Pending

  1. #1
    Please anyone familiar to this situation advice me. I came here on VWP in 2005 and got married before I-94 was expired. We had AOS interview and it is pending. Meanwhile, we filed for divorce and it will be finalized in May 2007. Now I have someone I want to marry. I heard that it is very difficult to adjust status if you remarry while AOS is still pending.

    My question is

    1. When and who should send letter to withdraw my AOS?

    2. When I should remarry? Is it bad to remarry right after divorce gets finalized?

    3. Can I still use my EAD and AP after divorce gets finalized? Or I have to return EAD and AP to USCIS with the withdraw letter?

    I talked to my lawyer, but it is very uncertain to me. My lawyer says I should go back to Japan to get fiancee visa before remarry. I think it will be impossible since I came here with VWP and applied for AOS. I heard you will be overstayed if leave the U.S without AP while AOS is pending. So I think I will be under 10 year ban if leave now to get fiance visa.

    Any advice is appreciated! Thank you!

  2. #2
    Please anyone familiar to this situation advice me. I came here on VWP in 2005 and got married before I-94 was expired. We had AOS interview and it is pending. Meanwhile, we filed for divorce and it will be finalized in May 2007. Now I have someone I want to marry. I heard that it is very difficult to adjust status if you remarry while AOS is still pending.

    My question is

    1. When and who should send letter to withdraw my AOS?

    2. When I should remarry? Is it bad to remarry right after divorce gets finalized?

    3. Can I still use my EAD and AP after divorce gets finalized? Or I have to return EAD and AP to USCIS with the withdraw letter?

    I talked to my lawyer, but it is very uncertain to me. My lawyer says I should go back to Japan to get fiancee visa before remarry. I think it will be impossible since I came here with VWP and applied for AOS. I heard you will be overstayed if leave the U.S without AP while AOS is pending. So I think I will be under 10 year ban if leave now to get fiance visa.

    Any advice is appreciated! Thank you!

  3. #3
    Here we go. Now you will hear a lot of stuff that you do not want to hear. Just stay positive and ignore rude messages.

  4. #4
    here comes the rude remarks,,,,some desperate **** looking for a green card....let's see....enters on the VWP, gets married 20 minutes later, spouse finds out you are a leeching green card seeker, divorce and rather than return to your country, like you are supposed to, $hit-for-brain$, you scout around and....voila....find "true love" (more than likely a village idiot) to marry....what krapola....you are just trying desperately to stay in MY country...go home, visa cheat.....let's ask Congress to slam sham marriages...deport the foreign spouse FOREVER and stop this marriage-for-greencard nonsense.

  5. #5
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Vovan:
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Someone12:
    here comes the rude remarks,,,,some desperate **** looking for a green card....let's see....enters on the VWP, gets married 20 minutes later, spouse finds out you are a leeching green card seeker, divorce and rather than return to your country, like you are supposed to, $hit-for-brain$, you scout around and....voila....find "true love" (more than likely a village idiot) to marry....what krapola....you are just trying desperately to stay in MY country...go home, visa cheat.....let's ask Congress to slam sham marriages...deport the foreign spouse FOREVER and stop this marriage-for-greencard nonsense. </div></BLOCKQUOTE>
    At least you do not dissapoint and keep it consistent.


    To chizuki:
    1.I warned you.
    2.If you do not feel comfortable with the advice you got from lawyer look for another one. There are good ones that will give you honest and good cosultation. And it does not cost that much. </div></BLOCKQUOTE>

  6. #6
    I hope this $hitbag seeks out the overpriced advice of some immigration attorney...kiss your $$$ good bye...
    but when we scrape away the BS, this clown (the OP) is nothing more than a greencard-seeking opportunist, who would fall in love with his right hand if it meant he could scam a greencard.

  7. #7
    Well she did ask for it; give us a break !

    Another Fraudster Scamming the System !


  8. #8
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by chizuki:
    Please anyone familiar to this situation advice me. I came here on VWP in 2005 and got married before I-94 was expired. We had AOS interview and it is pending. Meanwhile, we filed for divorce and it will be finalized in May 2007. Now I have someone I want to marry. I heard that it is very difficult to adjust status if you remarry while AOS is still pending.

    My question is

    1. When and who should send letter to withdraw my AOS?

    2. When I should remarry? Is it bad to remarry right after divorce gets finalized?

    3. Can I still use my EAD and AP after divorce gets finalized? Or I have to return EAD and AP to USCIS with the withdraw letter?

    I talked to my lawyer, but it is very uncertain to me. My lawyer says I should go back to Japan to get fiancee visa before remarry. I think it will be impossible since I came here with VWP and applied for AOS. I heard you will be overstayed if leave the U.S without AP while AOS is pending. So I think I will be under 10 year ban if leave now to get fiance visa.

    Any advice is appreciated! Thank you! </div></BLOCKQUOTE>
    Answers to the questions:
    1. Your ex-spouse will have to send the letter to the district office to withdraw the affidavit of support. You can also send the letter to the district office to withdraw the AOS.
    2. Depends on the facts and circumstances. You may want to look at I-360 to see if you meet any of the qualifications to adjust the status by yourself. You did not mention anything about the reason why. If you want, you can send a private message to me and I will answer directly. Otherwise, you will need to show that the second marriage has more intent than the first. Hard to do.
    3. Depends on whether you file the I-360 or you remarry.

    The lawyer is probably giving you advice to show your intent. Generally, if you get divorced from US spouse before the AOS, you must return to your country of origin. However, there are exceptions.
    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

  9. #9
    hey, i would wait on the AOS because if you withdrawl it now, you can can risk everything you have been waiting on, once the AOS is withdrawn all of your other apps are canceled too because they were based on that AOS. I would wait for the approval before I got married unless your ex-spouse withdraws the affidavit of support, if they do the AOS is denied and you have to leave, the new spouse cannot file for AOS for you because it will be denied based on the fact that you have been out of status for so long.


    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by chizuki:
    Please anyone familiar to this situation advice me. I came here on VWP in 2005 and got married before I-94 was expired. We had AOS interview and it is pending. Meanwhile, we filed for divorce and it will be finalized in May 2007. Now I have someone I want to marry. I heard that it is very difficult to adjust status if you remarry while AOS is still pending.

    My question is

    1. When and who should send letter to withdraw my AOS?

    2. When I should remarry? Is it bad to remarry right after divorce gets finalized?

    3. Can I still use my EAD and AP after divorce gets finalized? Or I have to return EAD and AP to USCIS with the withdraw letter?

    I talked to my lawyer, but it is very uncertain to me. My lawyer says I should go back to Japan to get fiancee visa before remarry. I think it will be impossible since I came here with VWP and applied for AOS. I heard you will be overstayed if leave the U.S without AP while AOS is pending. So I think I will be under 10 year ban if leave now to get fiance visa.

    Any advice is appreciated! Thank you! </div></BLOCKQUOTE>

  10. #10
    Some J.e.r.k really had the nerv here again to say "whatch for the rude comments" its like that little scammer insider knows what we are gonna say,which you do not have to have a PH.D. to figure out.

    You got married the first time already illegally by passing the proper way (finace visa) and choose to get married while being a tourist.Interesting....

    Then probabaly something funny came up,who knows what,divorce and your status is not even secure...and u wanna get re married.

    I got news for ya...INS will question every single bit of soul u have about your first marriage and what not,not to mention the 2nd one.

    Man,talking about "love" married divorced..and right after a divorce already planning a new marriage...this must be true love...love for a f'n green card....

    Listen jack, you better go home and apply for a fiance visa,you must have a good attorney...not to mention why u even have an attorney lol...won't go futher into that, go figure.

    And your attorney said exactly what I have been saying here all the time,just some brainless monkies,do not listen.

    And believe me,when your divorce is final ad you get remarried within few weeks or months,you butt will be owned by the INS,and thats a fact....u better not do,and you do what everyone does legally and honestly.Come here with a finacee visa...

    Either way though, you will have to answer some tough question to the INS...with or without finacee visa...

    and again, getting married to a US citizen is never a secure status or garantees a security to be here...the list is endless married immigrant had to go home,because of getting married while being a tourist or of fraud...

    and the other thing...i am sure you divorce spous will NOT vouch for you...

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