2nd marriage while VAWA Petition Pending

[LIFE'SJOURNEY 970]

No. I never got the H1B visa. I didn't get it because of the cap. I was on F-1, OPT, CPT, then F-1 again then AOS then VAWA, now a new AOS from second marriage. Get it??? No H1B, No K1 visas.

When did your F-1 visa expire? It was when you tired to change status from a F-1 to AOS, but you never AOS because she pulled the plug (the 130).

So, you will be offically out of status from the expiration date of the F-1, because your VAWA was denied. You started an appeal process, but you have interrupted that process with this new AOS. Until you receive the NOA1 from this new AOS you are out of status.

Edited November 30, 2011 by LIFE'SJOURNEY

[kokofee2 0]

When did your F-1 visa expire? It was when you tired to change status from a F-1 to AOS, but you never AOS because she pulled the plug (the 130).

So, you will be offically out of status from the expiration date of the F-1, because your VAWA was denied. You started an appeal process, but you have interrupted that process with this new AOS. Until you receive the NOA1 from this new AOS you are out of status.

interesting. Okay. Well, the Visa on my passport was a 2 year visa for F-1 but i was in school all 4 years and then applied for OPT worked for a year on OPT and 6 months on CPT (because H1B was not approved). Got married in 2009 and filed for AOS. Then VAWA in 2010 appeal in May 2011. Then got married in November 2011 for new AOS.

Edited November 30, 2011 by kokofee2

[Krikit 1,163]

Moving from Family-Based AOS to AOS From Other Visa.

[Krikit 1,163]

Merging duplicate threads and moving from Effects of Major Changes to the AOS From Other Visa forum.

Edited November 30, 2011 by Krikit

[Operator 1,925]

interesting. Okay. Well, the Visa on my passport was a 2 year visa for F-1 but i was in school all 4 years and then applied for OPT worked for a year on OPT and 6 months on CPT (because H1B was not approved). Got married in 2009 and filed for AOS. Then VAWA in 2010 appeal in May 2011. Then got married in November 2011 for new AOS.

You should write a brief time line, some people like me have a hard time counting on their fingers.

[Rebecca616 38]

"Then got married in November 2011 for new AOS"...... i guess i dont understand this last part you mentioned especially the last 3 words.

[sachinky 464]

H1-B denied, got married, wife pulled the plug on the AOS, filed for VAWA, that got denied so now you are in a second marriage and filing for AOS? Do I have this correct?

Yeah, this is not going to end well. And that's putting it lightly.

[Robert&Karen 264]

You're not THAT broke, you have a computer with which to get online... That's a few hundred bucks right there.

[ceadsearc 515]

You're not THAT broke, you have a computer with which to get online... That's a few hundred bucks right there.

I don't know about the OP's computer, but my net book was $200 brand new a couple years ago. No way would I get any useful amount of money out of it.

In any case, he was asking about the legality of working before his EAD arrived, got an answer, and stated that he would not be working illegally as he was now informed it wasn't allowed. Not sure why the judgement on his financial situation.

Edited December 1, 2011 by ceadsearc

[Boiler 43,436]

H1-B denied, got married, wife pulled the plug on the AOS, filed for VAWA, that got denied so now you are in a second marriage and filing for AOS? Do I have this correct?

Yeah, this is not going to end well. And that's putting it lightly.

It is certainly going to be an interesting interview...

But that is for another thread, question asked and answered on this one.

[Incongo 0]

No. In 2010 i filed for VAWA after my US citizen spouse went in and cancelled her I130 petition. I had immigration attorneys specialized in abuse file my I130 for free since people in my situation are known to me broke. It was filed within 6 months after my US citizen spouse withdraw her petition and a month before we were legally divorced.

Hey kokefe can you please answer this for me How did you find out that wife did this??? did she tell you or did they contact you and told you about it???

Thank you i will appreciate it.

[kokofee2 0]

Hey kokefe can you please answer this for me How did you find out that wife did this??? did she tell you or did they contact you and told you about it???

Thank you i will appreciate it.

I received an letter from USCIS early January 2010 letting me know that my I130 had been cancelled by by spouse and that i have 6 months to take care of my case else i will have to leave the country. The VAWA attorneys were not surprised telling me that they deal with lots of abusive US citizen spouses who do that (go in to withdraw the petition as a form of power or control). USCIS contacted me to let me know so we filed VAWA within six months but a month before the divorce was final.

[kokofee2 0]

It is certainly going to be an interesting interview...

But that is for another thread, question asked and answered on this one.

I know... Tell me about me. I know it will be an interesting interview and i am very much up for it no problem there. We'll be prepared with as much evidence of bona fide marriage as we can gather and we ready for questions which ever direction they take. I know, that will another thread. Be assured, i will keep you guys in the loop. I've been there a lot the past couple of years and having to face an interview with immigration is the last problem on my mind. As long as we're prepared and our marriage is legit i believe all will be well. No worries

[kokofee2 0]

I don't know about the OP's computer, but my net book was $200 brand new a couple years ago. No way would I get any useful amount of money out of it.

In any case, he was asking about the legality of working before his EAD arrived, got an answer, and stated that he would not be working illegally as he was now informed it wasn't allowed. Not sure why the judgement on his financial situation.

Well i am broke... and I've read in so many places that as long as your AOS is with an immediate relative, a US citizen spouse, even if you were out of status or worked illegally (that is without permission) you will be forgiven if your AOS is with an immediate relative (a US spouse citizen). That's why am thinking i may get a small cleaning job just to be able to pay the bills and salvage my already damaged credit and all order bills left unpaid because i have not been working for more than a year now. If i did this, it will be forgiven right??? It's just a small cleaning job anyways it's not a big job at an IT company or anything like that and i hate asking for unearned benefits. I don't know, maybe am talking crazy based on my situation. You guys can help me think rationally. As long as a person entered legally with inspection but overstayed he will be forgiven if worked without authorization and can apply for AOS. However, if one entered illegally (jumped the border) then he cannot adjust nor be forgiven for working without permission. Helpful links: link 1,

[kokofee2 0]

You're not THAT broke, you have a computer with which to get online... That's a few hundred bucks right there.

Nice try! A few hundred bucks can't do much for me. Now, you got me thinking of what i could possible sell to make a little money to pay some bills. I don't have much, i just remembered.