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  • need some answers please

    i married a usc but divorced before greencard arrived - i contacted the ins to tell them of my situation... this was approx 2 years ago... last week i received a letter stating that my application for change of status had been denied and that i no longer hold status in the states... what will happen next?

    my boyfriend and i have discussed getting married but neither of us are sure we are ready... it would feel too much like we were doing it so i can stay in the country... my question is... is it possible to remarry in my situation? also my attorney seems to think the ins doubted the legitamacy of my first marriage... will this become a factor?

    Now that I no longer hold status... could i be deported? is that heard of?

    If I go back to my country will i be able to re-enter the states?

    sorry i have so many questions, am panic'd and wondering what to do?

    one last question... if my boyfriend and i decide not to remarry... and i leave the country, and at a later date he comes to my country and marries me, will that allow me to re-enter the states?

    thanks for all you can tell me...

  • #2
    i married a usc but divorced before greencard arrived - i contacted the ins to tell them of my situation... this was approx 2 years ago... last week i received a letter stating that my application for change of status had been denied and that i no longer hold status in the states... what will happen next?

    my boyfriend and i have discussed getting married but neither of us are sure we are ready... it would feel too much like we were doing it so i can stay in the country... my question is... is it possible to remarry in my situation? also my attorney seems to think the ins doubted the legitamacy of my first marriage... will this become a factor?

    Now that I no longer hold status... could i be deported? is that heard of?

    If I go back to my country will i be able to re-enter the states?

    sorry i have so many questions, am panic'd and wondering what to do?

    one last question... if my boyfriend and i decide not to remarry... and i leave the country, and at a later date he comes to my country and marries me, will that allow me to re-enter the states?

    thanks for all you can tell me...

    Comment


    • #3
      Unfortunately, It sounds like you'll have to leave.

      Comment


      • #4
        More info is needed regarding ur first marriage...

        Was ur AOS approved through first marriage? Up to what step in immigration did u go ?

        Now answers to some of ur questions...

        is it possible to remarry in my situation?

        Yes...it is possible.
        --------------

        Now that I no longer hold status... could i be deported? is that heard of?

        Sure u could be...well if they find u....12 millions illegal live in dreamland and no one knows where they r...
        --------------------

        If I go back to my country will i be able to re-enter the states?

        It depends....more info is required.... How did u enter USA? How long u overstayed ....?
        --------------------


        if my boyfriend and i decide not to remarry... and i leave the country, and at a later date he comes to my country and marries me, will that allow me to re-enter the states?

        Give some more details ....

        Comment


        • #5
          thanks so much for reply pasha!!

          no aos was not approved through first marriage... my husband excepted a work position abroad shortly after we married so he was constantly traveling... it seems this was a red flag to the ins along with the fact that we would not file our taxes jointly... the company he worked for were based in taiwan and he was paid through them!.. we had our first interview... they asked us to send in more details... we did, they then asked for a second interview... at that point our marriage was crumbling and were headed for a divorce... i told immigration of this!


          I entered the country originally on a tourist visa from the uk... i overstayed before marrying!

          thanks again pasha - feel free to nag if you still need details!

          Comment


          • #6
            Hi jrb

            In that case lets talk about stuff that might bring benefit to u ... yes u can get married to ur BF ...but u will have to prove bona fide intent of second marriage .... As u never got any immigration benefit from ur first marriage...that shouldn't have that much weight overall...

            Now as u overstayed u r subject to bar ( if more than 180 days there is 10 yrs bar, I guess u overstayed > 180 days, right? ) so if u go back to ur country....u will have to file I 601 waiver to reenter USA.... Well if u marry right now ...only if u guys decide to do so and if its bona fide marriage and not for immigration purpose.... U will be able to adjust ur status but it will be a little bumpy road. Though u will still be able to do it...good luck...Pasha

            Comment


            • #7
              Pasha - thank you so much... you answered my questions wonderfully!!

              I will sleep better tonight because of it!!

              JRB

              Comment


              • #8
                Hi Jrb

                YOu are now officially out of status. You should shortly receive another letter regarding your departure from USA. When you get that letter you will have to leave. If not you will be placed into removal proceedings. (not good)

                2 choices. Leave when told and document exit. or get married and be forggiven b/c of husband being USC.

                If you get married again.. dont worry about CIS questioning your marriage. If its real, it will not be a problem. If you get married after going into removal proceedings, it will just make it harder and there is no guarantee that you will get to stay. the IJ may say take your husband back to your country with you.

                Think about it.


                P.s. it took 2 yrs for them to catch up with you on paperwork... What Serv. Center was it?

                Comment


                • #9
                  Thanks again for all info!!!

                  Los Angeles Serve Center!

                  Comment


                  • #10
                    Hi 4now... one last question, how long before i receive the letter regarding departure from the states?

                    ty...jrb

                    Comment

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