Need your advise please

[Jdee 0]

I am a USA citizen. My wife and I married since Dec. 2006. We have one child. Here are the facts and I’d like to get your advise on the implied complications and how to proceed the application. I had filed applications for my previous 2 marriages (is this a problem?). Both of them granted status.

1. she entered US as Visitor visa 1996

2. filed I-485 AOS rejected on Sep. 2005

3. I-94 expired on Aug. 2006

Thank you for reading my message. I appreciate the help you can give us

[GabiandVi 34]

I am a USA citizen. My wife and I married since Dec. 2006. We have one child. Here are the facts and I’d like to get your advise on the implied complications and how to proceed the application. I had filed applications for my previous 2 marriages (is this a problem?). Both of them granted status.

1. she entered US as Visitor visa 1996

2. filed I-485 AOS rejected on Sep. 2005

3. I-94 expired on Aug. 2006

Thank you for reading my message. I appreciate the help you can give us

I'm not sure that you have provided enough information for anyone to give you informed advice. However, my gut feeling is that you need to contact a lawyer. Has your wife been living in the US since 1996? If so, how did her I-94 remain valid for so long?

Obviously I don't really know much because I thought that an I-94 became null immediately when an AOS was denied. Regardless, I believe I understand you to be saying that your wife has overstayed her visa for nearly 2 years. Again, I really think you need a lawyer.

Good luck.

[Chica Yeyé 41]

Indeed, you will be wise to consult with a competent immigration attorney.

[MsZ 6]

How did your two previous marriages end up in the states?

I should imagine a third foreign spouse is going to raise red flags all over the place.

[*JG* 2]

How did your two previous marriages end up in the states?

I should imagine a third foreign spouse is going to raise red flags all over the place.

I was thinking that too. Especially if from the same country.

Definately find yourself a competant immigration lawyer.

Good luck to you.

[Jdee 0]

First of all, Thanks to all responses.

1. I'm a naturalized citizen. All marriages partners were from the same country origin/background and we all met here in U.S. My first marriage was last 12 years. The second last 2 years. I met the current wife and we got married one year after. I did not file application for her for 1.5 year until now. We have a great baby and we get along very well and I think this time I'll get thru the curves of my life.

2. She was the dependent of a principal alien filing of an employment based petition. The principal application was denied. She received the application denied letter on Sep 2005.

3. She took a trip back to the hometown and return on Aug, 2005 (one month before AOS denied) with I-94 stamped expiration date of Aug, 2006.

Hopefully the answers make sense. It took me a while to dig in the timeline. I totally understand that 3-timer doesn't look good at all. Am I still having a chance? Can I get an attorney from out-of-state or from website (I did some research on the web)? How can I spot a competent immigration attorney? Your advise or insight is very much appreciated.

Thanks!

[MsZ 6]

I don't know, honestly. Maybe check out the IMBRA portion of the site? If nothing else, there are people there who have more experience with multiple filings even if it doesn't quite match your situation.

As for a lawyer... Do some research here on some scenarios and then ask a lawyer if they've any similar experience and if so, what they did and see if it matches up with what you know happened in the particular cases. See if they know the right applications to file for one thing.

But my first suggestion is for you to read as much as you can. You may be able to get through this yourself. I just don't know.

So she came as a visitor and got a job offer and tried to adjust status that way? I take it she is not a highly skilled worker.

My guess is that there's some sort of waver that _you_ need to file (check IMBRA group) and then everything else would be the same - you'd file for a K-3/AOS based on the marriage. I do know she shouldn't leave the country or else they probably won't let her come back in. Your child of course is safe as a USC.

[pushbrk 12,266]

I don't know, honestly. Maybe check out the IMBRA portion of the site? If nothing else, there are people there who have more experience with multiple filings even if it doesn't quite match your situation.

As for a lawyer... Do some research here on some scenarios and then ask a lawyer if they've any similar experience and if so, what they did and see if it matches up with what you know happened in the particular cases. See if they know the right applications to file for one thing.

But my first suggestion is for you to read as much as you can. You may be able to get through this yourself. I just don't know.

So she came as a visitor and got a job offer and tried to adjust status that way? I take it she is not a highly skilled worker.

My guess is that there's some sort of waver that _you_ need to file (check IMBRA group) and then everything else would be the same - you'd file for a K-3/AOS based on the marriage. I do know she shouldn't leave the country or else they probably won't let her come back in. Your child of course is safe as a USC.

IMBRA applies only to K visa cases, not to status adjustment cases. The OP isn't in a visa process, so this should be moved to the AOS forum.

I think that at most, you might face some extra scrutiny of your relationship bona fides at the AOS interview. There's lots to read here about providing evidence and preparing for the AOS interview.

[MsZ 6]

Then it would seem he can definitely do this without a lawyer. That's very positive.

[Jdee 0]

Once again, I appreciate your advice. Thank you very much!