Deportation and marry a USC???: Jesse, Mohan, Umesh

There is something I dont understand....
Several times on this board, I have seen people say that its ok to remarry another USC after a first marriage with a USC had failed. They say that you can do that, that you can get your GC.

But if your first marriage ended even before interview...then you are automatically deportable, and therefore you cannot adjust your status even if you marry a second time to a USC.

Can someone tell me if I am wrong and why?

There is something I dont understand....
Several times on this board, I have seen people say that its ok to remarry another USC after a first marriage with a USC had failed. They say that you can do that, that you can get your GC.

But if your first marriage ended even before interview...then you are automatically deportable, and therefore you cannot adjust your status even if you marry a second time to a USC.

Can someone tell me if I am wrong and why?

What people have said is right, one can marry a second time and apply for AOS. If the first marriage ends in a divorce/annulment before the AOS interview, then that AOS can't go forward. However, that doesn't mean there is automatic deportation. If the person is in another valid status they can still maintain that status. On the other hand, if the person is out of status or illegally present, then BICE must initiate deportation proceedings.

If those proceeding are initiated with the issuance of an NTA, then one is in immigration court (as opposed to BCIS). If one was remarried the second time by the time an NTA is issued, one's second spouse should file an I-130 and ask for adjustment in immigration court.

If one gets married the second but AFTER an NTA is issued, the burden of proving a bona fide marriage becomes even larger. That is, the immigration judge would presume that the marriage was entered into for immigration purpose and you will have to rebut that presumption.

the first marriage ends.

If you are divorced and dont go to the AOS interview, how long after the interview date can you expect to be deported?

Does INS first kindly ask you to leave, then after a while if no answer from you they put you on deportation proceeding?

For any reason if you can not attend that interview then you should seek for another date for interview and in the meantime you can sort out other things. If you will request a postponement of interview, they will fix next interview after about 6 - 8 months and that is a ample time. If you will not attend your interview then your AOS application will be considered as abandoned and you will be put under deportation proceedings in their records.
Good luck.

Yes, but what if they refuse to postpone?
I will be deportable right away, there is not even a small delay after AOS?

This is a very common procedure to request for a new date for interview. And it is always granted. Immigration is very lenient in these matters. You and your husband must apply for adjournment of AOS interview.
Good luck.

Umesh,

Thank you so much for your support Umesh, without you a lot of people would have lost hope already!

Clara