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Filed: Timeline
Posted

hello my vj member,

i got married with my wife last year and we live toghter for just 6 months and she filled a divorced against me. i am divorced now and i do ask her for all the evidences of our bonafide marriage she doesnot ready to give it to me. all i got is the wedding picture,marriage certificate, affidavits from my family and police report.

Can i filled for my AOS based on these evidences that i have at hand? can i remarry? can my new wife filled for my AOS? please help me i still have almost a year to live in states.

Filed: Citizen (apr) Country: Brazil
Timeline
Posted

moved from sub sahara regional to changes/effects forum as that is a more proper location given the background provided in the op.

* ~ * Charles * ~ *
 

I carry a gun because a cop is too heavy.

 

USE THE REPORT BUTTON INSTEAD OF MESSAGING A MODERATOR!

Filed: K-1 Visa Country: Vietnam
Timeline
Posted
hello my vj member,

i got married with my wife last year and we live toghter for just 6 months and she filled a divorced against me. i am divorced now and i do ask her for all the evidences of our bonafide marriage she doesnot ready to give it to me. all i got is the wedding picture,marriage certificate, affidavits from my family and police report.

Can i filled for my AOS based on these evidences that i have at hand? can i remarry? can my new wife filled for my AOS? please help me i still have almost a year to live in states.

That's not likely to be enough evidence of a marriage in good faith. You need to prove that you lived as a married couple up until the time your marriage went sour. All you have is proof you actually got married, and affidavits from your own family. The affidavits would be more credible if they were from your wife's family or friends, but even that probably wouldn't be enough. I have no idea why you would need a police report, unless you're claiming abuse as well.

If you plan to remarry then it would be better to just submit a new AOS application based on the new marriage. That will restart the 2 year conditional status. In that case it won't even matter if you originally entered on a K1, since you've already successfully adjusted status based on the first marriage. USCIS will no longer care about the first marriage, but you can expect them to scrutinize the second marriage more closely.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Posted
hello my vj member,

i got married with my wife last year and we live toghter for just 6 months and she filled a divorced against me. i am divorced now and i do ask her for all the evidences of our bonafide marriage she doesnot ready to give it to me. all i got is the wedding picture,marriage certificate, affidavits from my family and police report.

Can i filled for my AOS based on these evidences that i have at hand? can i remarry? can my new wife filled for my AOS? please help me i still have almost a year to live in states.

What visa did you come in on?

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

Filed: Country:
Timeline
Posted
If you plan to remarry then it would be better to just submit a new AOS application based on the new marriage. That will restart the 2 year conditional status. In that case it won't even matter if you originally entered on a K1, since you've already successfully adjusted status based on the first marriage. USCIS will no longer care about the first marriage, but you can expect them to scrutinize the second marriage more closely.

Unless he never adjusted status based on his marriage to the first wife. In that case he is out of luck as K-1 can't AOS (with the exception of VAWA) for any reason other that marriage to the K-1 petitioner.

The OP never referred to having already AOS and having a 2 yr greencard nor did he ever mention ROC (Removal of Conditions) wich is completely different from AOS (Adjustment of Status)...

 
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