I-485 Denial, I-290B Help Please

[prayingmantisjoe 0]

My wife overstayed her visa and we ended up having to file an I-485 change of status. We were denied because she had been married once before to a US citizen who left her before they had time to have joint documentation. (They were married for 2 weeks before they had a fight and he left.) They had not even started any kind of application with immigration. Anyway we have decided to file an I-290B to appeal but it seems more complicated that I thought it would be. Is a lawyer required to fill this out? Or am I making it more complicated than it really is? Does anyone have any advice on filling it out?

Thanks

[trillium13 84]

IMO anyone with a complicated AOS situation should at least have a consultation with an immigration attorney.

Your situation would fit into the complicated category.

What was her original visa?

Edited November 29, 2009 by trillium13

[prayingmantisjoe 0]

tourist visa..... We were told that the fact that she overstayed was not a real problem, but that her first marriage didn't have any documentation was the real problem. The immigration officer also told us at the end of the interview that "While we could appeal it, but it wont do any good because you still wont have any documentation on the first marriage. It would be a waste of time and money to go further." (the last part I cant remember quite how she phrased it....)

So yea I guess you could say complicated

[trillium13 84]

What sort of documentation were they looking for from that first marriage? If she's divorced from it, and has divorce papers, I'm not sure why it matters.

Keep in mind I know nothing about this and am mostly curious.

[Minya's wife 24]

Wait, your wife initially entered on a tourist visa, overstayed, and eventually married USC#1. The marriage was short lived, no adjustment of status filed(AoS), and ended in divorce. In the meantime you married and filed AOS, which was denied based on the first marriage not having enough documentation? Something doesn't make sense here. Did you include the divorce decree for marriage #1 in your AOS filing? The adjudication of this second AOS should have been made on its merits...not on the merits of the first marriage.

I agree w/ trillium13, you may want to consult a qualified immigration attorney for assistance.

Edited November 29, 2009 by Minya's wife

[prayingmantisjoe 0]

Basically yes. She said our marriage was fine and had no problem with it. The only problem was the first marriage. She wanted documentation that the first marriage was not just for a green card. But how could it have been for a green card if they never filed for one?? Basically they got married, had an argument, and he left within 2 weeks of getting married. We had documentation of the marriage and divorce, but she wanted documentation of joint rent and phone bills and bank accounts. How would anyone have that in 2 weeks??? The worst part about it is that after they got married, the reason they had the argument was that the guy thought he was still married to a girl in New York and never told her! (He did the same thing to that girl too.... got married, had an argument within the first 3-5 months, left and changed his name.... never told the girl anything.... What a schmuck huh.) Ends up that the girl got a divorce from him without telling him.... My wife did the same thing after I told her she could. They were married for a year and a half but only lived together for 2 weeks....

So yea.... the lady at immigration wanted documentation showing that the first marriage was a valid marriage. But knowing after 2 weeks no documentation could possibly exist she basically said we are SOL

BTW sorry for ranting....

Edited November 29, 2009 by prayingmantisjoe

[Dakine 26]

Basically yes. She said our marriage was fine and had no problem with it. The only problem was the first marriage. She wanted documentation that the first marriage was not just for a green card. But how could it have been for a green card if they never filed for one?? Basically they got married, had an argument, and he left within 2 weeks of getting married. We had documentation of the marriage and divorce, but she wanted documentation of joint rent and phone bills and bank accounts. How would anyone have that in 2 weeks??? The worst part about it is that after they got married, the reason they had the argument was that the guy thought he was still married to a girl in New York and never told her! (He did the same thing to that girl too.... got married, had an argument within the first 3-5 months, left and changed his name.... never told the girl anything.... What a schmuck huh.) Ends up that the girl got a divorce from him without telling him.... My wife did the same thing after I told her she could. They were married for a year and a half but only lived together for 2 weeks....

So yea.... the lady at immigration wanted documentation showing that the first marriage was a valid marriage. But knowing after 2 weeks no documentation could possibly exist she basically said we are SOL

BTW sorry for ranting....

She was only married 2 weeks and divorced! She didn't have time even to get the marriage certificate to file for AOS.

Sounds like you guys have a uphill battle proving she didn't marry both times for the GC.

Get a GOOD attorney.

[Minya's wife 24]

Basically yes. She said our marriage was fine and had no problem with it. The only problem was the first marriage. She wanted documentation that the first marriage was not just for a green card. But how could it have been for a green card if they never filed for one?? Basically they got married, had an argument, and he left within 2 weeks of getting married. We had documentation of the marriage and divorce, but she wanted documentation of joint rent and phone bills and bank accounts. How would anyone have that in 2 weeks??? The worst part about it is that after they got married, the reason they had the argument was that the guy thought he was still married to a girl in New York and never told her! (He did the same thing to that girl too.... got married, had an argument within the first 3-5 months, left and changed his name.... never told the girl anything.... What a schmuck huh.) Ends up that the girl got a divorce from him without telling him.... My wife did the same thing after I told her she could. They were married for a year and a half but only lived together for 2 weeks....

So yea.... the lady at immigration wanted documentation showing that the first marriage was a valid marriage. But knowing after 2 weeks no documentation could possibly exist she basically said we are SOL

BTW sorry for ranting....

This is probably where the confusion from the IO is coming. Your wife was married to USC#1 for a year an a half? That they only physically co-habited for two weeks is only 'hear-say'. According to documentation, she was married for 1.5 years. If the guy left the marriage so quickly, why didin't your wife pursue an annulment, or divorce immediately? How long after the separation from #1 did you two meet? How long after the divorce was final did you get married? These are issues that the IO is looking at...to determine that the AoS filing is valid and not done only for immigration benefits.

[prayingmantisjoe 0]

She didn't realize she could get a divorce or annulment and she didn't know where her husband was... She doesn't really speak English... Had she known she would have gotten an annulment. Also she doesn't have any money so she would not have been able to afford one anyway. Basically she was just left with nothing in a place she didn't know with no money, or visa or place to stay.... She wasn't really sure what to do so she just ended up moving around from place to place trying to find a way to survive not knowing what happened to her husband or where he went..

So basically what Dakine said was pretty accurate... we have an uphill battle with this...

About us, we met a little over a year after they married. We were together for about a year before i realized what was going on and told her I would help her get a divorce from that guy. 6 months later we got married. The IO told us that we seem like a valid relationship and had she not been married before to that guy we would have no problems.

[naksah 1]

You say she overstayed her tourist visa and got married to USC#1, he left her after 2 weeks and she never heard from him. How long did she know this guy?

[prayingmantisjoe 0]

According to her quite a while. She met him when she was just visiting. In all they knew each other for 2-3 years.

[naksah 1]

I say talk with an immigration lawyer and not just any kind, a good one. If its possible to get in touch with her ex husband, he can write out a statement explaining why their marriage was short lived or why they didn't have any joint documentation. Good Luck.

[SunDrop 59]

According to her quite a while. She met him when she was just visiting. In all they knew each other for 2-3 years.

Then she should have some amount of evidence from the relationship during the time from meeting to marriage.

[prayingmantisjoe 0]

Well they knew each other for about 2-3 years, but they didn't date for that long. And the only thing she had were a few pictures but they said that wasn't enough... They wanted shared rent / phone bills / credit cards. But not everyone lives together before they are married. And heck, we got married in June and still don't have all of those things set up yet! So there is no way anyone would have that within 2 weeks = /

[prayingmantisjoe 0]

Anyway back to my questions, Does anyone have any advice on how to write the appeal? Lawyers keep telling me I can do it myself (a.k.a. they are too busy to help me) but I don't know how to write Part 3. What kind of information are they asking for?