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harley2936

Marrying a non resident

By harley2936 in Effects of Major Family Changes on Immigration Benefits

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harley2936 Contributor

harley2936   0

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Filed: AOS (pnd) Country: Canada
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I am a US citizen and am planning on marrying a Canadian as soon as his divorce is final on June 3. In Wisconsin, where we both live, the waiting period is 6 months. His immigration status is currently pending the last immigration hearing on June 10. Which he will be divorced from the petition at that time. So we are assuming that he will be denied and put into deportation status. Like I said we will be getting married as soon as possible. We are moving to Washington and they have no waiting period there to get married. When would be a good time for me to send in my petition for the finance visa, or can anyone help me with the best solution for us. I am not sure when I can file for him. He has been in the US for 10 years, and like I said we are planning on marrying, just need help to find out when I can file to keep him here. thank you

LIVE, LOVE, IMMIGRATE!

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Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
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Posted (edited)

You will have to wait see what happens with his hearing I would think, before you can move ahead.

If he is put in to deportation status, I don't believe a "quick" marriage to you would prevent him from being deported.

Was he legally in the states? What was his status? Was he married to someone else in the US?

Edited by Bobby_Umit

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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harley2936 Contributor

harley2936   0

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Filed: AOS (pnd) Country: Canada
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You will have to wait see what happens with his hearing I would think, before you can move ahead.

If he is put in to deportation status, I don't believe a "quick" marriage to you would prevent him from being deported.

Was he legally in the states? What was his status? Was he married to someone else in the US?

He was married to a US citizen and was brought over legally. His status right now is pending, he has a work permit and travel documents.

LIVE, LOVE, IMMIGRATE!

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harley2936 Contributor

harley2936   0

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Filed: AOS (pnd) Country: Canada
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Pending how? He is adjusting status?

Yes he has filed all the paper work to adjust status based on his last marriage which the divorce will be final June 3. Everything is done except the last step which is the interview which is scheduled for June 10.

LIVE, LOVE, IMMIGRATE!

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Bobby+Umit Mentor

Bobby+Umit   161

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Filed: Lift. Cond. (apr) Country: Turkey
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You will have to wait see what happens with his hearing I would think, before you can move ahead.

If he is put in to deportation status, I don't believe a "quick" marriage to you would prevent him from being deported.

Was he legally in the states? What was his status? Was he married to someone else in the US?

He was married to a US citizen and was brought over legally. His status right now is pending, he has a work permit and travel documents.

Ok - good so far.

Is it the interview? or is he going before a judge (actual hearing)?

If it's the interview, he may be able to stop this AOS and petition himself (since he is divorced) and he can prove the marriage was entered in good faith.

Is his (soon to be x) wife suppose to go with him to this interview (hearing?)

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Ban Hammer Grand Master

Ban Hammer   12,845

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Filed: Citizen (apr) Country: Brazil
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Posted (edited)

hmmm i think this might be better off in a different forum

from k-1 to changes by moi

Edited by charles!

* ~ * Charles * ~ *
 

I carry a gun because a cop is too heavy.

 

USE THE REPORT BUTTON INSTEAD OF MESSAGING A MODERATOR!

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harley2936 Contributor

harley2936   0

Posted
Filed: AOS (pnd) Country: Canada
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You will have to wait see what happens with his hearing I would think, before you can move ahead.

If he is put in to deportation status, I don't believe a "quick" marriage to you would prevent him from being deported.

Was he legally in the states? What was his status? Was he married to someone else in the US?

He was married to a US citizen and was brought over legally. His status right now is pending, he has a work permit and travel documents.

Ok - good so far.

Is it the interview? or is he going before a judge (actual hearing)?

If it's the interview, he may be able to stop this AOS and petition himself (since he is divorced) and he can prove the marriage was entered in good faith.

Is his (soon to be x) wife suppose to go with him to this interview (hearing?)

Yes she is suppose to be at the interview....but she will not go. Bad divorce. This is the interview in which they make the decision of accepting his aos. They were married for 10 years, so we are hoping that they will see that it was not a marriage of convenience for the sole purpose of coming to the US. How would we go about stopping this aos and petitioning on his own?

LIVE, LOVE, IMMIGRATE!

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harley2936 Contributor

harley2936   0

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Filed: AOS (pnd) Country: Canada
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hmmm i think this might be better off in a different forum

from k-1 to changes by moi

I am sorry, new to forum.....what is moi?

LIVE, LOVE, IMMIGRATE!

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Ban Hammer Grand Master

Ban Hammer   12,845

Posted
Filed: Citizen (apr) Country: Brazil
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Posted
hmmm i think this might be better off in a different forum

from k-1 to changes by moi

I am sorry, new to forum.....what is moi?

i thought it was french. :unsure:

* ~ * Charles * ~ *
 

I carry a gun because a cop is too heavy.

 

USE THE REPORT BUTTON INSTEAD OF MESSAGING A MODERATOR!

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thepizzadude Proficient

thepizzadude   26

Posted
Filed: Lift. Cond. (apr) Country: Philippines
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hmmm i think this might be better off in a different forum

from k-1 to changes by moi

I am sorry, new to forum.....what is moi?

Effects of Major Family changes on Immigration Benefits i'm pretty sure :whistle:

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USCIS Received : 4-4-14

NOA1 Sent : 4-8-14

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Biometrics Appt : 5-5-14

usaflag.gifphilippinesflag.gif

Poverty Guidelines : http://www.uscis.gov/files/form/i-864p.pdf
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Bobby+Umit Mentor

Bobby+Umit   161

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Filed: Lift. Cond. (apr) Country: Turkey
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moi = me

What visa did he come on?

married for 10 years and just now getting the AOS interview?

scratches head?

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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harley2936 Contributor

harley2936   0

Posted
Filed: AOS (pnd) Country: Canada
 Timeline
  • Author
Posted
hmmm i think this might be better off in a different forum

from k-1 to changes by moi

I am sorry, new to forum.....what is moi?

Effects of Major Family changes on Immigration Benefits i'm pretty sure :whistle:

LIVE, LOVE, IMMIGRATE!

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harley2936 Contributor

harley2936   0

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Filed: AOS (pnd) Country: Canada
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moi = me

What visa did he come on?

married for 10 years and just now getting the AOS interview?

scratches head?

he came over on a I130 and she always told him that is all they needed for him to stay.

LIVE, LOVE, IMMIGRATE!

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