Status terminated, complicated case

[squeakyboots 2]

Entered the USA on a K1 in June 2011. Got married to petitioner within 3 weeks. We have a son together that was 4 months old at the time of entry (and has dual citizenship). Spouse (petitioner) quickly became abusive and 7 months into the marriage I took my son and fled. Received my GC in the mail about 40 days prior. I had applied for VAWA but since I received my GC I was no longer eligible. Spouse filed for divorce immediately. My son and I, having nowhere to go and no one to help, stayed in battered women's shelters for 1 year. I had no permanent address during that time. During the divorce, the ex tried to get me deported by sending a derogatory letter to USCIS stating that I had married him for immigration benefits. USCIS sent a NOID letter which I never received. After getting an apartment finally I updated my address with USCIS and received a termination of status letter (August 2013). USCIS sent a NTA to a shelter's address instead of mine and thus I never received that either. Not knowing at the time of the NOID I filed a I-751 which was denied. I sent the I-751 in a timely manner. In October 2015 I filed another I-751 and today I finally had my interview. I was informed about the letters that were sent out which I never received. I was told by the IO that since my status had been terminated I was not eligible to even file either of the I-751s therefore he cannot approve nor deny it and that I will have to appear before an IJ. He informed me that a NTA will be sent to me and to take it from there. I was able to show intent and prove a bona fide marriage but since USCIS no longer has jurisdiction nothing was able to be done.

I am currently married to a USC, we have been married almost 2.5 years and I have a USC child. My attorney has suggested that I file the I-130 and then the I-485 (AOS) and to take these (hopefully) approved forms before the judge in hopes that this would help my case. He also stated that if the I-130 and I-485 were approved, my case would be dismissed since I was able to adjust status through a new marriage. Somehow this doesn't make sense to me..? But that's why I'm here.

 

I would like to know your thoughts and hear what all my options are, including the right to work while this whole mess is sorted out (I-551 stamp?).

 

 

Edited July 28, 2017 by squeakyboots

[squeakyboots 2]

Anyone?

[Boiler 43,433]

Sounds logical.

[Coco8 1,039]

Yes, it makes sense to me. Your lawyer wants you to go for the safer route. I have seen people on VJ who had a K1, got divorced, married someone else, AOS, with problems in between similar to yours.

 

I'd go with what your lawyer says as soon as possible! 

 

 

 

[squeakyboots 2]

I have yet to speak with my attorney still but...would I take the approved I-130 and I-485 to court with me or would I be able to adjust my status through my current marriage, and that would be it? That is what I am confused about.

[squeakyboots 2]

19 hours ago, Coco8 said:

Yes, it makes sense to me. Your lawyer wants you to go for the safer route. I have seen people on VJ who had a K1, got divorced, married someone else, AOS, with problems in between similar to yours.

 

I'd go with what your lawyer says as soon as possible! 

 

 

 

Where might I be able to find threads about this on here?

[Coco8 1,039]

4 minutes ago, squeakyboots said:

Where might I be able to find threads about this on here?

Use the search engine.  For instance, try: K1 married someone else

 

I got several hits with that.

 

Good luck!

[squeakyboots 2]

1 minute ago, Coco8 said:

Use the search engine.  For instance, try: K1 married someone else

 

I got several hits with that.

 

Good luck!

Great, thank you very much

[squeakyboots 2]

Sorry for the multiple posts.

 

I have been reading through threads that pertain to my situation and instead of getting clarification I have even more questions. Please correct me if I am wrong but I understand these to be facts:

 

1. A K1 petitioner can only adjust status through the K1 sponsor - so, then AOS cannot be achieved through any subsequent marriage?

2. Marriage on a K1 lasting less than 2 years results in automatic termination of status - how can people file ROC by themselves (waiver) by proving a bona fide marriage and obtaining a 10 yr GC?

 

I received responses that everything I wrote made sense. But how can filing an I-130 and I-485 help me adjust status if it is not within my first (K1 petitioned) marriage and how was my status automatically terminated because my marriage lasted less than 2 years - why was I not able to file a ROC waiver?

 

I am so, so confused. I am sorry if I am not getting it.

[Boiler 43,433]

1, You said you had adjusted status through a K1.

 

2. Not true.

[squeakyboots 2]

12 minutes ago, Boiler said:

1, You said you had adjusted status through a K1.

 

2. Not true.

 

1. Yes, I did. I received my GC but my status was terminated thereafter because my marriage ended before the 2 years were up - this is what was stated in the paperwork from USCIS. So, I am currently out of status and need to have my status reinstated = AOS?

2. Is termination at the discretion of USCIS then?

[Boiler 43,433]

Presumably you did not file to remove conditions, normally this would be done with a Divorce waiver.

[squeakyboots 2]

Just now, Boiler said:

Presumably you did not file to remove conditions, normally this would be done with a Divorce waiver.

I did file an I-751 but it was denied because of the termination of my status. In essence (and unbeknownst to me) I lost all privileges and rights when my status was terminated therefore I was not eligible to file for ROC...I just don't understand what exactly happened with my case. It doesn't seem to add up; even my attorneys were puzzled.

 

Right now I am someone who: entered the US legally, has an expired GC, status has been terminated, is currently married to a USC and has a USC child (minor), is in proceedings, has yet to receive an NTA.

 

If (when?) I go to court, what exactly do I have to prove to have my status reinstated?

If my husband and I file a I-130 and I-485 can I receive a 10 year non-conditional GC? What happens to my pending court hearing and case?

Am I eligible for anything at this time? An I-551?

Am I considered an "overstay"?

[Villanelle 4,121]

This is all very odd. Are you sure you filed for ROC on time? There is no such thing (that I know of) that states "your status is terminated thereafter because the marriage ended before the 2 years were up". 

 

Are you sure that was what the letter said? Do you still have the letter? Could you post it with your personal info edited out?

 

If you fail to file ROC (on time) your status can be terminated. If your marriage simply ended before the 2 year conditional period you dont automatically lose status. You have to file for ROC (either when you become eligible or when the 2 yr period is up). People do this everyday (file with divorce waivers) no one has ever posted that they lost status because the marriage ended before the 2 years was up.

 

You also mentioned your husband wrote a letter to USCIS accusing you of immigration fraud. This is also common but more often then not USCIS does not find fraud. If they did they could revoke your status however your letter from USCIS would have explained this as the reason.

 

I really hope you have the letter to post- I am quite curious about it.

 

But anyway- a lot of the things you are reading are correct in themselves but have no impact on your exact situation. You have to think of it as a flow chart or a tree. Where each question has a yes or no answer that moves you along the chart. Youre posting and reading snippets from the tree that are all correct but are not applicable to you based on the path you took.

 

Yes- a K can only adjust through the petitioner. Means nothing right now. Well actually it means to file a 485 it has to be with the petitioner. You are not with the petitioner- you are with another USC. So that means you need the new USC to file you a 130 making you eligible to file the 485. Understand? 

 

There are two routes this can go- one is fighting the original order that stripped your status, the other is to start fresh with a 130 and 485. 

 

Currently you have no status and are illegal. You need to file the forms. It seems your attny is not going to try to fight the whatever happened, but rather is just going to pursue a new legal route for you. (If your status was terminated because of fraud then you will have a hard time getting approved with your second marriage) So its important to know exactly why your status was terminated. 

 

You also may need a waiver to AOS depending on how long youve been considered out of status. You may also have to travel overseas to interview. Currently they have a process where you apply for everything in the US (130485-waiver) and get it all approved AND THEN you leave the US pretty much assured you are going to be able to come back. Since your marriage is over 2 years youd get the 10 yr card. 

 

If you fight the termination and win then you are back to being a K with adjustment through first husband and would have to file for ROC again. 

[Villanelle 4,121]

18 hours ago, squeakyboots said:

 

 

1. A K1 petitioner can only adjust status through the K1 sponsor - so, then AOS cannot be achieved through any subsequent marriage?

2. Marriage on a K1 lasting less than 2 years results in automatic termination of status - how can people file ROC by themselves (waiver) by proving a bona fide marriage and obtaining a 10 yr GC?

 

 

Just incase it wasnt clear in the previous post

 

1. A K beneficiary can only file the 485 with/through/because of the K sponsor. So if you want to use your K approval as the basis to file the 485 you need husband number one. BUT you can have husband number 2 file a 130 which you use to file a 485. 

 

2. Where did you read this? This is not true. The closest thing I can come up with that could be interpreted as this is the 2 year card is conditional. That means if you fail to remove conditions on it your status is terminated.