Complicated situation pls enlighten me

[miskey 0]

Hi! Good day! I've been quietly reading this forum everyday and I am learning alot of things. I would like to ask for advice regarding my case...

Here's my story its kinda complicated:

I am US citizen married last 2002 to a girl from Sri Lanka. She's in US on H1b visa. She did all the paperworks for filling to immigration. So I have no idea how the immigration works. After 3 yrs and getting her citizenship she divorced me. Obviously she just married me in order to get her status here in US. Last 2006 my co-worker introduced me to her niece in Cambodia, actually I am kinda aware that she really just wanted me to help her niece to come here to US because she told me that her niece was denied to get visa before filed by someone else. My co-worker gave me ticket to Cambodia so I can visit her niece then we got engaged. Then I came back to US and my co-worker filed the petition to the immigration and I just signed all the documents without even knowing what is it. I know it was really so stupid of me to just let them use me for immigration purposes but that time I just dont really care at all. She got denied when she was interviewed in the embassy in Cambodia that's the last thing I heard from her which is already expected since we dont have much evidence to show.

Right now I have a gf from the Philippines she is really nice girl. I met her few yrs ago when she first came in the US to visit her relatives and friends. We became really good friends since then and constantly communicating thru yahoo messenger, text and calls. Last yr 2007 she came to visit US again and we lived together for few weeks of her stay. She took her nclex and now she is US RN. She decided to go back to the Philippines and get a job in the hospital there to gain experience. I came to her country to surprised her last July. She didnt believe me at first that Im really in her country. SHe only believed me when i told her Jollibee and some places near her city. I had great time in PI. I met her family and friends. Her grandmother in Minnesota got sick so her dad told her to come to US last Oct to take care of her granny for few months. I came to visit her and her granny. I proposed to her and were planning to get married next month. I want to file a petition for her so she can stay here with me and she can work here as a nurse. I really love her so much. Finally, I found the girl I want to be with for the rest of my life. I am really worried that my previous petitions will affect the petition Im gonna file for my future wife. She will going to be adjusting her status from b2 visa. Should I hire a lawyer? I read that most of the people here did the filing without a lawyer. I dont know any details about my previous petitions when it was filed because of my stupidity. What should I do? The last petition I made back 2006 was denied... should I still need to tell the immigration about it? I am scared that the INS will deny my petition to my future wife because of my previous mistakes and they will not believe in our relationship. We have alot of evidences of ongoing relationship for the previous years. We have photos from our trip to thailand and different part of states from her last visit. She is an amazing girl. We are really happy being together. Pls Im so worried... I really love her. Im gonna do everything for her to make her stay here with me. I hope the INS will believe in our relationship and approve my petition for her. I dont want her to get denied I will never forgive myself if that will happen to her.. Pls give me advice and words of encouragement.

THank you VJ's so much. Godbless us all!

[richo 0]

happy for you that you found the one...you need to tell immigrations with your past petitions with other women...your case is special...you will need an immigration laywer..just my 2 cents..good luck to you

Edited December 15, 2008 by richo

[miskey 0]

happy for you that you found the one...you need to tell immigrations with your past petitions with other women...your case is special...you will need an immigration laywer..just my 2 cents..good luck to you

thanks for a quick response. Regarding the I-130 past petitions i dont know exactly what date it was filed. My first petition with my ex wife was approved and the second with the cambodian was denied. Do i still need to put both? Coz I think the second one was I-129F if Im not mistaken so its different from I-130? thank you very much.

My friend is working in an immigration firm and he got the chance to ask regarding my case to a lawyer. The lawyer's advice was to just not put the second petition and told me that if it just came out during the interview just tell that i didnt hear anything from her since her visa denial which is true. Do you think thats what should I do?

thanks again

[j.kevs 0]

I think you have an additional requirement since you have petitioned someone before. As far as I have heard its kind a waiver i think for your previous petition and you have to submit a copy of the divorce paper and the other petition being denied i guess you have to inform them too.

Well, having a lawyer would help you but normally they just compile things for you! For as long as you know what to submit and its complete you can do it. But if you are not that confident and you are willing to pay extra for lawyer then go for it.

Things will be ok for both of you since its like you really have a geniune relationship.

God Bless to you both and im happy you have finally found someone!

Its really nice to hear good endings and new beginnings!

Edited December 15, 2008 by j.kevs

[Dakine 26]

First thing to do just to be safe is send USCIS a notarized letter to cancel your previous petition just in case it's still active. Embassies send denied petitions back to USCIS and they can sit there a couple years and still be "alive".

My first petition was denied and I moved on to another lady a couple years later. Married and went thru the process again with success.

DON"T hide anything on previous petitions.

Edited December 15, 2008 by Haole

[miskey 0]

Thank you very much for those encouraging words. I really need it right now. I dont want to risk my fiancee's future and our love we have for each other if she get deported or something because I know its going to be all my fault.

SO hows your new petition now? How can I cancel my previous petition if I dont know her case number or other details. What waiver should I need to submit?

First thing to do just to be safe is send USCIS a notarized letter to cancel your previous petition just in case it's still active. Embassies send denied petitions back to USCIS and they can sit there a couple years and still be "alive".

My first petition was denied and I moved on to another lady a couple years later. Married and went thru the process again with success.

DON"T hide anything on previous petitions.

Is it true it should be at least 3 yrs before u can petition again? Did you get approval yet? thanks

[Dr Mirage 0]

Hello,

I read your post. Wanted to say a few things, that may help you.

If you signed documents with two pettions before. Your ex-wife (H1B) and your previous (I-129) which was denied, you should definitely talk with a lawyer. (cause it is complicated and prepare for what your lawyer will advise you)

Also, do you know the A# of your previous petition (H1B). The A# you will need for filling another petition. USCIS checks for previous petitions. Also, you need to have copies of the termination of marriage (divorce decrees)

I might add that since your last fiance was denied, you also might want to send a letter to USCIS to terminate that case because it can still be pending in their files.

The problem that I see here is.. right now you said the girl you want to spend the rest of your life with has a B1/B2 visa. That is a tourist visa. (its a non-immigrant visa) they cannot stay longer than 6 months usually in the US.

Also, using a B-2 visa with the intention of living in the US is considered fraud. This is why the K1/K3 petitions are for. Although some F1, B1, B2.. etc can get a GC via AOS... Its complicated

So, I suggest you speak to a lawyer. Good luck.

By the way, what was the reason the I-129F Fiance visa was denied.

Its rare for I-129F K1 visa to be denied. Unless they did not pass the medical exam or did not pass the FBI name check.

Edited December 15, 2008 by Dr Mirage

[Dakine 26]

Thank you very much for those encouraging words. I really need it right now. I dont want to risk my fiancee's future and our love we have for each other if she get deported or something because I know its going to be all my fault.

SO hows your new petition now? How can I cancel my previous petition if I dont know her case number or other details. What waiver should I need to submit?

First thing to do just to be safe is send USCIS a notarized letter to cancel your previous petition just in case it's still active. Embassies send denied petitions back to USCIS and they can sit there a couple years and still be "alive".

My first petition was denied and I moved on to another lady a couple years later. Married and went thru the process again with success.

DON"T hide anything on previous petitions.

Is it true it should be at least 3 yrs before u can petition again? Did you get approval yet? thanks

I don't think there are any restrictions on applying for K3, CR-1 and IR-1. We are already approved.

Looks like you can marry her and she can adjust status. Main thing is she shouldn't leave the US until she has GC in hand.

As long as she didn't enter the US with intentions of marrying you and staying she should be OK.

Edited December 16, 2008 by Haole

[Old Dominion 26]

Exactly -- you are OK and free to marry her while she's still here. Then apply right away for adjustment of status, etc. etc. and don't hide your previous marriage. As to the unsuccessful petition for the Cambodian, it does not need to be mentioned in anything you submit.

[miskey 0]

She came to US to take care of her sick granny for few months and has no intention of marrying me. In fact she is scheduled to leave next month but I proposed to her and ask her to stay and marry me.

I already have my divorced decree from my previous marriage. I also open a joint account in bank of america and add line to my AT& T. Hopefully after we get married I can include her in my health insurance.

Haole, how long it takes for your wife to get approval? Is it the same country from your first petition?