Adjusting ex-wife's status after re-marrying her

[Ikki 4]

Hello,

I brought my ex-wife from a Mexico back in 2012 on a K-1 Visa, applied for a green card and ended up withdrawing my affidavit of support after 10 months due to all the ongoing fights we had. She never got a green card. During the withdrawal process, my ex-wife made allegations of violence and I told immigration most likely all she ever cared about was a green card and was a fraud as a consequence and wanted them to deport her.

I ended up getting a divorce and we battled at the courthouse as well. It's getting close to a year and a half since we got separated and my ex-wife and I saw each other again. I realized that I still love her and I dream of working out our differences and be together. She is still in the USA on a visa. We already had a date and we are happy . I realize how stupid we both were getting a divorce and telling immigration what we told them.

My question is if my relationship with her was to work out, what would be the process to adjust her status and get her a green card. Also, will I have any issues with immigration since I alleged fraud on her part previously? I love her and I all I want is to work out my differences with her and be happy.

[belinda63 2,981]

1. What visa is she currently here on?

2. How do you know she isn't being nicey nicey just to get the green card?

3. Yes it will lead to much scrutiny since you reported her for fraud previously. How can you prove the relationship is real now and not just for the green card? on both her part and your part (you may be getting paid or other benefits to help her obtain a green card.).

You would follow the guides at the top for concurrent filing.

[JohnR! 5,495]

Hello,

I brought my ex-wife from a Mexico back in 2012 on a K-1 Visa, applied for a green card and ended up withdrawing my affidavit of support after 10 months due to all the ongoing fights we had. She never got a green card. During the withdrawal process, my ex-wife made allegations of violence and I told immigration most likely all she ever cared about was a green card and was a fraud as a consequence and wanted them to deport her.

I ended up getting a divorce and we battled at the courthouse as well. It's getting close to a year and a half since we got separated and my ex-wife and I saw each other again. I realized that I still love her and I dream of working out our differences and be together. She is still in the USA on a visa. We already had a date and we are happy . I realize how stupid we both were getting a divorce and telling immigration what we told them.

My question is if my relationship with her was to work out, what would be the process to adjust her status and get her a green card. Also, will I have any issues with immigration since I alleged fraud on her part previously? I love her and I all I want is to work out my differences with her and be happy.

From an immigration standpoint she would be eligible for AOS if you were to remarry. What you must bear in mind is that you can't un-say nor un-tell all the stories and facts you reported to immigration at the time. Unless you have actually proven fraud, alleging it alone would not be prejudicial to her, but you may be asked to explain your reasons.

At worst, you may find an IO willing to revisit her case and you may need to explain what actually happened and the truth behind accusations.

IMHO, concentrate on the relationship first, and if it works out, then you worry about her greencard and dealing with the USCIS.

Good luck! I hope you guys get it on this time around.

[Ryan H 3,796]

Moved from IR-1/CR-1 Process & Procedures to Effects of Major Family Changes on Immigration Benefits forum.

[Ikki 4]

1. What visa is she currently here on?

2. How do you know she isn't being nicey nicey just to get the green card?

3. Yes it will lead to much scrutiny since you reported her for fraud previously. How can you prove the relationship is real now and not just for the green card? on both her part and your part (you may be getting paid or other benefits to help her obtain a green card.).

You would follow the guides at the top for concurrent filing.

1. I am not sure what kind of visa she is in. All I know is she has some type of visa. My guess is that since she alleged violence in our marriage(which never occurred), she got some type of visa for victims of violence from immigration. She told me her visa is good through the end of the year.

2. I do feel she loves me. Her life has been a disaster due her depression over the last year. When I had her in my arms, I feel she loves me.

3. We are going to wait it out and work out our differences. We'll date for a while before we decide if we are ready to marry again or not.

[Ikki 4]

From an immigration standpoint she would be eligible for AOS if you were to remarry. What you must bear in mind is that you can't un-say nor un-tell all the stories and facts you reported to immigration at the time. Unless you have actually proven fraud, alleging it alone would not be prejudicial to her, but you may be asked to explain your reasons.

At worst, you may find an IO willing to revisit her case and you may need to explain what actually happened and the truth behind accusations.

IMHO, concentrate on the relationship first, and if it works out, then you worry about her greencard and dealing with the USCIS.

Good luck! I hope you guys get it on this time around.

She wrongly accused me of violence with our local police after I showed her the divorce paperwork. She was the attacker and I told police that. That's why I concluded that she was only after the green card.