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If alien is out of status and marries, does BCIS grant the marriage-based application

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  • If alien is out of status and marries, does BCIS grant the marriage-based application

    If an alien is rendered out of status as a result of either a withdrawn prior petition, or is rendered out of status as a result of a denied waiver, and the alien remarries another USC, then is his second application for a GC (I-130) based upon marriage to a USC considered reasonable by the BCIS?

  • #2
    If an alien is rendered out of status as a result of either a withdrawn prior petition, or is rendered out of status as a result of a denied waiver, and the alien remarries another USC, then is his second application for a GC (I-130) based upon marriage to a USC considered reasonable by the BCIS?

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    • #3
      depending on the circumstances why the first petiton didn't work out - in your case it was adultery wasn't it? the alien is going to have a hard time proving the bona fida part the second time around.

      swiss, I dont' get what your problem is; you got all the answers you were looking for, what more do you want? You want blessings for your revenge? Omino dome patri, amen, here you've got it, now divorce in peace, update BCIS about it, and go on with your life!

      Comment


      • #4
        Well said acelaw. I like the your opinion. This person, Swiss has all kind of questions for a long time, and even though she was told time to time that her husband is not going to come back to her and if he does, then it would be for his own benefit, but it is very much clear to me that Swiss is psycho (Sorry to use this word) because she just doesn't want to accept anything and wasting her time to do something against her husband. I never see any woman like her because she just kept asking all sorts of questions, but then no doing anything to secure herself. I know she will come here to defend herself against my comments. I think it would be waste of everyone times if anyone would answer to her post. Instead, we should all ignore any posts because what is the use of giving or sharing any information if she is not going to follow. It seems that she is here to tell her stories not to seek help for her situation. This is not a counselling forum, instead immigration forum, and the answers to her immigration questions have already been given. She is still crazy for her crazy husband. They both are same in their own ways and deserve to each other. She is very smart lady, but don't want to let it go her feelings for her husband. She has asked all sorts of questions, but did she do anything yet-NO. Nothing is reported to INS. Nothing has been filed to end the marriage. Instead, she is juggling with her sorry feelings against her husband. Her case is nothing new, it happens everyday to mostly people, but she needs to learn to move on beyond her feelings. Peace to her sorry feelings and heart.

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        • #5
          Swiss, If that scenario happens. you should be jumping for joy. you will be off the hook. He will need a new sponser. But after that... you should not CARE either way what the INS will approve or not approve for him. This will be mindless revenge , pure and simple. and in the end it will destroy you because you are obsessing over it. Let it go. I know its hard becuase you were dupped by a con artist. just forgive yourself and in time you will heal.

          And its true. you have been given all the answers, now do something. make a stand and stop stradling the pole. you say finances are problem for divorce... you are smart lady, software is under $50 and filing fees for divorce are generally under $150. surely you have that. and yes for fraud and annulment if you want to win. you had better have good hard evidence/ and witness statements to have BCis and divorce court rule in your favor. BCIS will first look at your case as a wife rejected, so use facts to build your case and not " no fair" kind of mentality. Good luck

          Comment


          • #6
            In my view, nobody should reply to this lady's posts anymore, because she is not her to seek help, instead to discuss her stories, miseries and hurt-feelings. Lot of folks have given her best advises on her every questions for the last couples of weeks, but she hasn't taken any step to do anything against her husband. If she still wants to hope that her husband would be back to her one day then she doesn't need or share her personal life her and wait for her husband to return back to her as per hope because any suggestions and help won't do if she doesn't want to move herself first. She is playing a mind game with all of us. One side-she wants us to be sorry for her and for her situation as she is looking a blessing from us to take a revenge on her husband in indirect way, then on the otherhand- she doesn't want to do anything because she is hoping that her husband would get back to her one day.

            If you notice all of her those questions, it seemed very clear that as if she is in immigration troublem, instead of her husband. Why she is so much worried about what would happen to husband after his case is denied or if he remarries, or does he need to go back home first before he can return back, or can he marry another USC..etc...etc. Why she has so much questions which are pertaining to her husband and not to her? Why doesn't she just report to INS and withdraw her jointly filed I-751 and file for annullment or divorce to end the marriage, and then move on, instead of having all kind of questions wherein she can not do anything anyhow. Why is still waiting to do anything? It strongly seems that she must need a psychitric help because she is not stable in mind as she is having a both ways of street.

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            • #7
              YOU GUYS ARE MEAN!!! TYPICAL MEN!!!

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              • #8
                Very well said, Josephine!

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                • #9
                  notice it's the MEN who side with the husband.

                  of course she is gonna hold out till the very end. i don't blame her one bit. all she wants is for her husband to love her. she has my deepest sympathy and utmost respect.

                  she really needs to consult with an attorney in her state that knows divorce and immi law.

                  Comment


                  • #10
                    has nothing to do with being me(a)n!
                    she's is being obsessive compulsive about it all and not taking a healthy way to deal with what has happened to her. Of course, you'll get stupid comments from the "gentle"men who are duping their own American wifes for a pinky; it is not in their interrest that swiss gets some hard solid answers that could give others clues about how to get rid off fakes like them ;-0 anydays; you fakes "will be hunted down, found and brought to justice!" now or in another life time, c ya

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                    • #11
                      I have nothing to do with "MEN" kinda notion. I am truly sympathetic to this woman, but the problem is she doesn't want to get help. She is not moving to do anything except talking blah....blah. Talking and explaining about her situations to us won't bring her husband back to her if she still loves her husband and wants him to be back to her. Neither, it will secure her best interests if won't contact INS and file for anullment or divorce. She needs to act NOW before it's too late. She can not be juggling with those "wishy" and "washy" feelings. I personally want her to report her husband to INS, withdraw jointly filed I-751, and file for annulment based upon his fraud's intention of getting married for his benefit. How we would teach lesson to this kind of guys, if she is unwilling to do anything. Enough is enough. Love is not everything in life. If she wants to suffer her whole life with all these miseries, then she may continue loving her husband. All, you women are taking her side, but you can not see that she is the only one loving her husband, and her husband doesn't even care about her at all. Rather than she hurts more in the future, it's better for her to do the right things Now to put these miseries to rest, otherwise she will never be in peace. She needs to concentrate only on what is in her best interest than her husband. As I said she is very intelligent lady and knows her all options, but sicks in love. The love, which is only one-sided in her situation and I knew she will get hurt very badly in her feelings in the ends if she won't do the right things now.

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                      • #12
                        Walter, actually your last post seemed more reasonable to me except for "you women are taking her side, but you can not see that she is the only one loving her husband, and her husband doesn't even care about her at all." I see that she has really loved her husband and tried to do right by him in every way. Now it seems that she is trying to find out everything that she can before she acts. If she had plenty of money for an attorney she would more than likely be asking the attorney all these questions. I always like to have as many details and facts as I can before making a major decision so that I can play out various scenarios in my head to help me decide my next move. Everyone works out problems in their own way. Just let her be.

                        Comment


                        • #13
                          Walter et al.

                          I appreciate your opinions, but I assure you I am neither sitting on the fence, nor a pyscho myself. I am doing all the research I can given my lack of financial resources to gain nformation from legal counsel at this time.
                          There are a couple of points which you should know, which might let you see the process I am undertaking.

                          1. I am asking what his options are in order to see which route is best for me! As I am his sponsor and if our marriage ends, given the financial mess he has left me in, I do not wish to be further responsible for his support

                          2. I am not seeking revenge...I am just seeking all information available to be able to extricate myself if need be from any future problems, and that means financial

                          3. Walter you wrote "Why doesn't she just report to INS and withdraw her jointly filed I-751 and file for annullment or divorce to end the marriage, and then move on", becz divorce or annulment does not extinguish an Affadavit of Support.

                          4. Acelaw you wrote "she's is being obsessive compulsive about it all and not taking a healthy way to deal with what has happened to her". I believe that despite my hurt and pain, I am looking at all options available to me. I am not obsessing over the loss of my husband, I am being thorough about the choices I make.

                          5. Walter, Still Learning hit it right on the head with the comment ""you women are taking her side, but you can not see that she is the only one loving her husband, and her husband doesn't even care about her at all." I see that she has really loved her husband and tried to do right by him in every way.". Does this seem like revenge to you Walter? I Have tried to do the right thing by my husband through all of this and now I am examining what I should do next, based upon my husband's total lack of respect and response to that? Why do you consider that vengeful?

                          If you choose not to answer my posts, then that is your prerogative, but as I see it this board provides people who are in my situation with lots of information, and IF we all had the cash to seek lawyers for our questions...then what value would the board have?

                          Comment


                          • #14
                            Swissnut,
                            I wish someone loved me the way you seem to love your husband. Trouble is you have to be careful because loving too much can easily come as an obsession, especially if the love is not being reciprocated. Thats why people just move on with life and look for happiness elsewhere instead of dwelling in what you cannot change.

                            Thats life. Please move on and you will be the winner in the end.

                            Comment


                            • #15
                              Acelaw:

                              You wrote"depending on the circumstances why the first petiton didn't work out - in your case it was adultery wasn't it? the alien is going to have a hard time proving the bona fida part the second time around."

                              Does that mean that I have the right to withdraw a I-751 on the grounds of "adultery"?

                              Comment

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