2nd marriage while VAWA Petition Pending

[kokofee2 0]

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 will end well. Be positive. H1B was not approved because of cap. AOS did not go through because i was married to an abusive spouse who withdraw the petition. VAWA petition didn't approve because i did not gather sufficient evidence and i appealed now it's been pending forever. Met a beautiful and dynamic woman who brought some lights into my life. All that matters to me right now is that i have something going for me. We filed an AOS a 2 weeks ago. I'm looking forward to that. I've been through enough rough experience. It wasn't my fault that H1 was denied nor that crazy woman withdrew her petition and it's not as easy as you think to gather evidence of abuse especially if you never knew that your spouse will be abusive and that you will have to file VAWA. I never heard of VAWA before until the abuse got REALLY bad and had to really get out of it.

Edited December 1, 2011 by kokofee2

[ceadsearc 515]

Working illegally is normally overlooked for spouses of USCs. But it is still illegal AND against the terms of VJ so nobody here will advise you that it's ok or that you should do it. Honestly, I'd avoid it if I were you. You already have a complicated case that is going to involve LOTS of questioning. No reason to add something else negative to your case.

[kokofee2 0]

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

Yeah, i will do that right now.

Working illegally is normally overlooked for spouses of USCs. But it is still illegal AND against the terms of VJ so nobody here will advise you that it's ok or that you should do it. Honestly, I'd avoid it if I were you. You already have a complicated case that is going to involve LOTS of questioning. No reason to add something else negative to your case.

Thanks for the advice. I really don't want to complicate my situation than it already is. I get it. Okay.

[kokofee2 0]

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

I meant filed a new adjustment of status from my second marriage to my wife.

Edited December 1, 2011 by kokofee2

[Boiler 43,401]

The H1b cap may have applied for that year, but there have been many subsequent years, the one for this year just went.

[Incongo 0]

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.

Oh they sent you a letter?? did you get the letter at your wife address and was you still living there? how did you get the letter? Do you know how long ago your wife cancelled the petition?? being that you found out in January 2010?

So uscis does contact yall when the spouse withdraw the petition i wonder do they call u guys to? my husband said something about getting a call from somebody, i am going through the samething but in my case my husband wasn't abuse at all..he got down here in the USA and started running off with friends and started cheating on me, got busted, i got the evidence and everything and he turned around called the cops on me 4 days later and made up a lie saying i burnt him with an iron..then dropped the charges cuz the cops didn't believe because where he work at. In my case i was dealt with a bad hand and is really get fraud.

[NigeriaorBust 4,087]

It will end well. Be positive. H1B was not approved because of cap. AOS did not go through because i was married to an abusive spouse who withdraw the petition. VAWA petition didn't approve because i did not gather sufficient evidence and i appealed now it's been pending forever. Met a beautiful and dynamic woman who brought some lights into my life. All that matters to me right now is that i have something going for me. We filed an AOS a 2 weeks ago. I'm looking forward to that. I've been through enough rough experience. It wasn't my fault that H1 was denied nor that crazy woman withdrew her petition and it's not as easy as you think to gather evidence of abuse especially if you never knew that your spouse will be abusive and that you will have to file VAWA. I never heard of VAWA before until the abuse got REALLY bad and had to really get out of it.

Your tale is well contructed but it is not how an immigration will view what has happened, they will see a person allowed in on a temporary status that has tried every trick in the book to stay longer. You tried a different visa type and when that didn't work , you married and when that didn't work you filed for abuse and when that didn't work you married again. Even if this marriage is 110% legit you are going to need an extremely good legal rep and you had best not even think of ignoring any other law even if 99% of people would be forgivien for it , you would be adding more proof that you don't care about immigration laws and think you can worm you way through this. The hard facts are I think there is less than a 30% chance of you staying in the US through the path you have shown. You will make you lawyer a rich man but you are heading for a 'relationship for immigration purposes' flag unless you are very very careful.

[kokofee2 0]

Oh they sent you a letter?? did you get the letter at your wife address and was you still living there? how did you get the letter? Do you know how long ago your wife cancelled the petition?? being that you found out in January 2010?

So uscis does contact yall when the spouse withdraw the petition i wonder do they call u guys to? my husband said something about getting a call from somebody, i am going through the samething but in my case my husband wasn't abuse at all..he got down here in the USA and started running off with friends and started cheating on me, got busted, i got the evidence and everything and he turned around called the cops on me 4 days later and made up a lie saying i burnt him with an iron..then dropped the charges cuz the cops didn't believe because where he work at. In my case i was dealt with a bad hand and is really get fraud.

Your husband is a psycho: that's what they do (psychopaths) they make you think that you're the abuser and they are the victims - that's exactly what happened in my case too. The problems is i didn't even understand what was going on because it just wasn't normal. Normal people does screw with your head, manipulate and distort your sense of reality. I'd to really educate myself about this kind of people that live amongst us after my divorce because i was really lost mentally. What do you mean by "In my case i was dealt with a bad hand and is really get fraud."????

I was mailed a letter. My attorneys changed my address and notified USCIS of the change. The letter was mailed to my new address not to my spouse's address. I never got any call.

[kokofee2 0]

Your tale is well contructed but it is not how an immigration will view what has happened, they will see a person allowed in on a temporary status that has tried every trick in the book to stay longer. You tried a different visa type and when that didn't work , you married and when that didn't work you filed for abuse and when that didn't work you married again. Even if this marriage is 110% legit you are going to need an extremely good legal rep and you had best not even think of ignoring any other law even if 99% of people would be forgivien for it , you would be adding more proof that you don't care about immigration laws and think you can worm you way through this. The hard facts are I think there is less than a 30% chance of you staying in the US through the path you have shown. You will make you lawyer a rich man but you are heading for a 'relationship for immigration purposes' flag unless you are very very careful.

Hmm.... Will i be needing an attorney?

[kokofee2 0]

Your tale is well contructed but it is not how an immigration will view what has happened, they will see a person allowed in on a temporary status that has tried every trick in the book to stay longer. You tried a different visa type and when that didn't work , you married and when that didn't work you filed for abuse and when that didn't work you married again. Even if this marriage is 110% legit you are going to need an extremely good legal rep and you had best not even think of ignoring any other law even if 99% of people would be forgivien for it , you would be adding more proof that you don't care about immigration laws and think you can worm you way through this. The hard facts are I think there is less than a 30% chance of you staying in the US through the path you have shown. You will make you lawyer a rich man but you are heading for a 'relationship for immigration purposes' flag unless you are very very careful.

I can't afford be worried. I'm confident because my marriage is legitimate and i can substantiate it. My path is not the greatest and i didn't tricks from a book. It's good to be aware of the view point you're presenting and to be well prepared. I have nothing to be afraid or worried. My immigration experience didn't go smooth as others might have. I've nothing to worry about. I'll take your advice to be very, very careful. I will wait till by EAD arrives and then i will work. Thanks for the perspective.

[ceadsearc 515]

An attorney is probably not a bad idea, but at the same time an attorney cannot change the facts of your case. Given your financial situation, I would probably try to get a free consultation with an immigration attorney to get a professional perspective on the challenges you will be facing, but wait until after your interview to hire someone. If things do not go well and you get an RFE, NOID, or Stokes interview, hire an attorney then.

[kokofee2 0]

An attorney is probably not a bad idea, but at the same time an attorney cannot change the facts of your case. Given your financial situation, I would probably try to get a free consultation with an immigration attorney to get a professional perspective on the challenges you will be facing, but wait until after your interview to hire someone. If things do not go well and you get an RFE, NOID, or Stokes interview, hire an attorney then.

Okay, i will do that. Hopefully I would have gotten my EAD by then so will be able to afford a competent attorney.

[106206 15]

Hey it sounds like you have complex situation and you need an attorney. As for picking up an under the table job that's your call. This is big stuff and do whatever you think you have to but understanding the law and consequences is key.

Good luck

[sync78 0]

Hmm.... Will i be needing an attorney?

Hello kokofee, how is your case going? Just wondering? Best of luck

[mrsGORE 13]

Hope it will end well..God Bless you:-)