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Frage

Divorced LPR petitioning for new spouse

By Frage in Bringing Family Members of Permanent Residents to America

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evapaula
evapaula

It sounds to me like a lot of people here get frustrated when other people have it easier then them. Just because many people have to wait separately, doesn't mean everybody should. Life isn't fair, o

Hypnos
Hypnos

Stick to your plan of acquiring US citizenship if you feel that is the best way forward (and it probably is). Ignore people throwing around "misrepresentation", as that's a lot of hot air at this po

Boiler
Boiler

Ohh yes

aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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Posted (edited)

Immigration court dockets are currently backed up beyond 2017 and that's just with current cases, what makes you think they are going to add to that by trawling I-130 applications? The answer is: they don't.

While there is no evidence that ICE trawl through I-130 applications currently, the risk is that they can. If a person does not file, the risk is not there. What is accomplished by filing an I-130 when the beneficiary can not get legal status? The smart move is to wait to file the I-130 when she is a U.S. citizen and can get legal status for her spouse.

I am not talking about what ICE is currently doing. It's about taking an unwarranted risk when no legal status can come from it. There is nothing to gain. It's just putting the beneficiary on the radar.

Hypnos - please tell me what is gained by filing as an LPR when she can not make him legal?

A supporting point of view from Alllaw.com; http://www.alllaw.com/articles/nolo/us-immigration/unlawfully-family-petition-i-130-deported.html

In the U.S. Unlawfully: Will a Family Petition Get Me Deported?

If you're living in the U.S. after overstaying a visa, or otherwise unlawfully, an I-130 family petition can help you "get legal" - but it may also bring you unwanted attention.

Numerous U.S. citizens and residents file I-130s for their unlawfully present family members every year. So far, USCIS has not shown any pattern of collecting the information and forwarding it to the enforcement arm of the Department of Homeland Security (DHS) called Immigration and Customs Enforcement, or ICE. That doesnt' mean it won't start at some point.

Edited by aaron2020
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Cathi Veteran

Cathi   5,609

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Filed: Citizen (apr) Country: Jordan
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So basically, you're planning on committing immigration fraud for a year and some months until you can become a USC and petition for him?

The OP is here to get answers, not be attacked. If she wanted to commit fraud she wouldn't be asking how to do things legally.


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blue_angel_29 Collaborator

blue_angel_29   108

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Filed: AOS (pnd) Country: Mexico
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Jvarouh, my understanding is that I can apply for citizenship after 3 years when still married to the US citizen. When divorced I need to wait 5 years which makes me eligible in October 2016.

You can technically file 90 days BEFORE your GC date.. So if you came to the US Oct 1, 2011, you can file July 3, 2016 (July 3 because there are 31 days in July and August) :)

I am waiting for my interview date to be a citizen then I will marry my other half.. :) He overstayed his working visa..

AOS from h2a visa, marriage based.

 

Filed I 130, I 485, I 131 and I 765 concurrently,

 

5/11/2018 Priority date; sent to Missouri, MSCxxxxxxxxx

6/15/2018 Biometrics appointment, Houston TX

7/11/2018 RFE for Birth Certificate

7/23/2018 Sent BC in response to RFE

7/31/2018 Confirmation of receipt of the BC

8/3/2018 received courtesy letter for medical 

8/6/2018 Case is ready to be scheduled for interview

9/19/2018 EAD/AP approved

9/20/2018 EAD/AP card in production 

9/24/2018 EAD/AP card is ready to be mailed

9/25/2018 EAD/AP card is mailed, usps tracking included in online update

9/27/2018 EAD/AP card picked up at post office

 

I-130 for 2 husband's daughters (my step daughters) 10 and 17

5/11/2018 Priority Date; sent to Nebraska Service Center, LINxxxxxxxxx


Waiting game for ALL cases!

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Frage Explorer

Frage   67

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Posted (edited)

While there is no evidence that ICE trawl through I-130 applications currently, the risk is that they can. If a person does not file, the risk is not there. What is accomplished by filing an I-130 when the beneficiary can not get legal status? The smart move is to wait to file the I-130 when she is a U.S. citizen and can get legal status for her spouse.

That's what I thought. Thank you.

The OP is here to get answers, not be attacked. If she wanted to commit fraud she wouldn't be asking how to do things legally.

Thank you.

You can technically file 90 days BEFORE your GC date.. So if you came to the US Oct 1, 2011, you can file July 3, 2016 (July 3 because there are 31 days in July and August) :)

I am waiting for my interview date to be a citizen then I will marry my other half.. :) He overstayed his working visa..

I didn't think about that.

I want to get married before I get my citizenship and once I have it, I'd file I-130.

Edited by Frage
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evapaula Enthusiast

evapaula   230

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Filed: Citizen (apr) Country: Romania
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Actually, USCIS do read the visa forums. Below is a link to the Beacon, which is the official blog of USCIS. There they bring up three myths they have come across when reading the online forums:

http://blog.uscis.gov/2012/05/three-myths-adjustment-of-status.html

Your link does nothing to prove your point. Paying a person to write articles on relevant topics is totally different from picking individual stories to investigate :)

 

 

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Boiler Grand Master

Boiler   43,401

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Filed: K-1 Visa Country: Wales
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You are in the wrong section of the site if you want to discuss moralities.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Ontarkie Grand Master

Ontarkie   13,904

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Filed: Citizen (apr) Country: Canada
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~~Multiple post removed for derailing thread, accusing OP of Fraud, and others for quoting. Stick to answering the question or do not post. Any further post derailing this thread will lead to thread bans.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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milimelo Veteran

milimelo   4,168

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Filed: Citizen (apr) Country: Bosnia-Herzegovina
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I'm currently preparing my N-400. At one point the form asks me for my current spouses status. He doesn't have one (yet). I'm not sure what to enter here? Or just leave it blank and explain it in the interview in case they ask?

Umm, yes he does have a status. You said in your original post that he overstayed his visa. Write - tourist visa, overstay.

ROC 2009
Naturalization 2010

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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Alright I just hope that he doesn't have to leave :(

Filing for AOS allows him to stay.

Getting a green card allows him to stay.

Unless there is an inadmissibility problem, he will not have to have to leave.

Stop worrying about this.

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