Helping my ex-wife

[russ 1]

I've been trying to help out my ex-wife (within reason).

Her AOS will be denied based on an RFE for bona fide proof, medical information and divorce.

She has been engaged to someone else since about the time of her AOS interview. I found out recently, hence the divorce.

I've paid for lawyers to talk to her and answer her questions, but she seems to be in a unique case. (They think that marrying someone else can work, but might not be easy. She may also need to leave the country to do it).

As I understand it, she can re-marry and file and I130 and I485 from inside the US. Assuming she stays married and the I130/I485 are approved before she is deported, she would get to stay. How long does this take generally?

Does anyone here know about filing the I130 in the US? Will the previous denied AOS be a problem? If it takes her longer than a year to get married again, will she need waivers for the overstay?

[Yodrak 7]

russ,

Ask the lawyers. this is beyond VJ. At our level of knowledge, she needs to leave the country, but I have heard attorneys say what you report here - it may be doable without her leaving but will not be easy (i.e.will be expensive).

Yodrak

I've been trying to help out my ex-wife (within reason).

Her AOS will be denied based on an RFE for bona fide proof, medical information and divorce.

She has been engaged to someone else since about the time of her AOS interview. I found out recently, hence the divorce.

I've paid for lawyers to talk to her and answer her questions, but she seems to be in a unique case. (They think that marrying someone else can work, but might not be easy. She may also need to leave the country to do it).

As I understand it, she can re-marry and file and I130 and I485 from inside the US. Assuming she stays married and the I130/I485 are approved before she is deported, she would get to stay. How long does this take generally?

Does anyone here know about filing the I130 in the US? Will the previous denied AOS be a problem? If it takes her longer than a year to get married again, will she need waivers for the overstay?

[russ 1]

russ,

Ask the lawyers. this is beyond VJ. At our level of knowledge, she needs to leave the country, but I have heard attorneys say what you report here - it may be doable without her leaving but will not be easy (i.e.will be expensive).

Yodrak

Good advice. Lawyer agrees - the only option that doesn't involve breaking the law is to leave the country.

He thinks the I130/I485 may have a fairly good chance of success. From my research, her first I130/I485 will be denied, based upon not proving the bona fides of the first K1 marriage. The argument would move to an immigration judge after that

She doesn't have a lawyer, and her new fiance will not get her one.

Obviously, more lawyers are not something I am going to pay for. There is still a real chance it won't work - lawyers are not a panacea. As the lawyer I had said, her next marriage would need to be much more convincing than this one, and that would mean being here illegally for some time.

Because of her involvement in my business, I had offered to arrange sponsorship of an L-1 visa. Lawyer agrees this is best, since it doesn't depend on marriage and usually comes with a green card after 3 years. She wasn't a big fan of that idea, since it involved leaving the country for a while.

[itsonlymoney 0]

russ,

Ask the lawyers. this is beyond VJ. At our level of knowledge, she needs to leave the country, but I have heard attorneys say what you report here - it may be doable without her leaving but will not be easy (i.e.will be expensive).

Yodrak

Good advice. Lawyer agrees - the only option that doesn't involve breaking the law is to leave the country.

He thinks the I130/I485 may have a fairly good chance of success. From my research, her first I130/I485 will be denied, based upon not proving the bona fides of the first K1 marriage. The argument would move to an immigration judge after that

She doesn't have a lawyer, and her new fiance will not get her one.

Obviously, more lawyers are not something I am going to pay for. There is still a real chance it won't work - lawyers are not a panacea. As the lawyer I had said, her next marriage would need to be much more convincing than this one, and that would mean being here illegally for some time.

Because of her involvement in my business, I had offered to arrange sponsorship of an L-1 visa. Lawyer agrees this is best, since it doesn't depend on marriage and usually comes with a green card after 3 years. She wasn't a big fan of that idea, since it involved leaving the country for a while.

SHE MADE HER BED NOW SHE CAN LAY IN IT !!!!!!!!!!!!!!!!!!!!!!!!

[russ 1]

SHE MADE HER BED NOW SHE CAN LAY IN IT !!!!!!!!!!!!!!!!!!!!!!!!

Thanks for your opinion, but I was looking for information that pertains to helping her situation.

As you can imagine, not many people think very highly of her right now. Pointing out her mistakes isn't going to do much to help her.

[diadromous mermaid 36]

SHE MADE HER BED NOW SHE CAN LAY IN IT !!!!!!!!!!!!!!!!!!!!!!!!

Thanks for your opinion, but I was looking for information that pertains to helping her situation.

As you can imagine, not many people think very highly of her right now. Pointing out her mistakes isn't going to do much to help her.

Well, I'm not sure how helpful this would be but on another immigration newsgroup, I recall a question pertaining to a remarriage while within the USA, after arriving on a K visa, and although the case precedents predate the IMFA reform, if I am not bungling the information, I recall the immigration attorney mentioning a legal argument to be made would be that the terms of the K visa had been satisfied through the initial marriage. Again, this would be a challenging legal undertaking.

As far as I know, I believe if a marriage occurs while an alien is in removal, the I-130 needs to be adjudicated first, before an AOS can be applied for. Hence, immediate relatives are more likely to achieve that than others. And pursuant to 8 CFR 204.2(a)(1)(iii) (1998), an alien must demonstrate by clear and convincing evidence that the marriage is a bona-fide marriage, made in accordance with the laws of the place where the marriage took place, and was not entered into for the purpose of evading the immigration laws.

[russ 1]

Well, I'm not sure how helpful this would be but on another immigration newsgroup, I recall a question pertaining to a remarriage while within the USA, after arriving on a K visa, and although the case precedents predate the IMFA reform, if I am not bungling the information, I recall the immigration attorney mentioning a legal argument to be made would be that the terms of the K visa had been satisfied through the initial marriage. Again, this would be a challenging legal undertaking.

As far as I know, I believe if a marriage occurs while an alien is in removal, the I-130 needs to be adjudicated first, before an AOS can be applied for. Hence, immediate relatives are more likely to achieve that than others. And pursuant to 8 CFR 204.2(a)(1)(iii) (1998), an alien must demonstrate by clear and convincing evidence that the marriage is a bona-fide marriage, made in accordance with the laws of the place where the marriage took place, and was not entered into for the purpose of evading the immigration laws.

Dixson and Dawson would be the best case law I could find, but these were over 30 years ago. US

CIS doesn't believe they are relevent anymore, to the best of my knowledge.

Clear and convincing evidence sounds like a problem as well, as we were not able to do this in the first place (I would guess it will be harder now).

[russ 1]

Dixson and Dawson would be the best case law I could find, but these were over 30 years ago. US

CIS doesn't believe they are relevent anymore, to the best of my knowledge.

Actually, I don't think these cases really apply at all now. These were based on AOS without another marriage. So, it probably won't be as difficult (next AOS will still have problems, but new marriage should be good enough). My lawyer did make it clear that it would be something argued in court though.

[russ 1]

I asked a few more immigration lawyers. Doesn't look like AOS will work at all, based on entry to the US being a K-1 to a different spouse. I130 most likely wouldn't be approved in the US anyway.

The one lawyer who said it would have a chance included the caveat that it would need to be a very convincing marriage - children, substantial joint assets, etc. That would therefore require a long time out of status in the US.

[silly_chick 0]

I asked a few more immigration lawyers. Doesn't look like AOS will work at all, based on entry to the US being a K-1 to a different spouse. I130 most likely wouldn't be approved in the US anyway.

The one lawyer who said it would have a chance included the caveat that it would need to be a very convincing marriage - children, substantial joint assets, etc. That would therefore require a long time out of status in the US.

I don't quite understand what the problem is. She still can marry this new fiance (if that's what they want), then go to Russia and apply for a K3 visa. Am I wrong?

[russ 1]

I don't quite understand what the problem is. She still can marry this new fiance (if that's what they want), then go to Russia and apply for a K3 visa. Am I wrong?

She isn't willing to leave the US. She has a reasonable chance at an H1-B or L-1, but isn't willing to leave the states to apply for it.

Her plan now is to stay here out of status, get married, and hope she doesn't get caught. Since she doesn't really know him, I would guess she is afraid he will change his mind after she leaves.

[diadromous mermaid 36]

I don't quite understand what the problem is. She still can marry this new fiance (if that's what they want), then go to Russia and apply for a K3 visa. Am I wrong?

She isn't willing to leave the US. She has a reasonable chance at an H1-B or L-1, but isn't willing to leave the states to apply for it.

Her plan now is to stay here out of status, get married, and hope she doesn't get caught. Since she doesn't really know him, I would guess she is afraid he will change his mind after she leaves.

Yikes, she's engaged to him, but doesn't know him???

[Peter Miami 0]

I did not think that what she is trying will work but only an attorney would know for sure. You are a very nice man, I could never have helped her out after what she did. Good luck with everything.

Peter Miami

[russ 1]

I did not think that what she is trying will work but only an attorney would know for sure. You are a very nice man, I could never have helped her out after what she did. Good luck with everything.

Peter Miami

Just saw her today. It looks like she is agreeing with the lawyers now, and leaving for Russia to file a K-3. She is planning to get married the day of our divorce. She said her fiance is quiting his job and moving there with her.

Well, at least that solves her immigration problems.

[Peter Miami 0]

I did not think that what she is trying will work but only an attorney would know for sure. You are a very nice man, I could never have helped her out after what she did. Good luck with everything.

Peter Miami

Just saw her today. It looks like she is agreeing with the lawyers now, and leaving for Russia to file a K-3. She is planning to get married the day of our divorce. She said her fiance is quiting his job and moving there with her.

Well, at least that solves her immigration problems.

Very good for her and now you can get all your stuff finish with this part of your life and move on. Good luck with everything.

Peter Miami