Trying to AOS but I think is Impossible PLZ help

[LA NEGRA 19]

I am asking for a friend.... she married her husband after 8 yrs of a relationship. They have a 7 yr old daughter and he been in USA out of status. Here is the story.... He came in USA on a K-1 visa with a false name. Married his petitioner, when AOS they where ask to come to interview and they never went to interview. 6 yrs later they divorce. The guy been in USA since 2002 and have never had a legal status or been in trouble with the law. now he remarry and lawyer told him that he has to AOS with his new wife and his interview will be in his country. What are the odds of him getting a green card or even staying in USA legal with his new wife???

[jtaylor 8]

I though that AOS interviews are done here in the US.

[LA NEGRA 19]

I though that AOS interviews are done here in the US.

that's what I thought to. I am asking because I think the lawyer she hired don't know what he is talking about

[Boiler 43,669]

sounds like misrepresentation and overstay so quite a ban to overcome.

DAPA seems a better bet. That could bypass the overstay and then a in country I 601 for the misrep.

[LA NEGRA 19]

sounds like misrepresentation and overstay so quite a ban to overcome.

DAPA seems a better bet. That could bypass the overstay and then a in country I 601 for the misrep.

what is DAPA??? I don't know much about this situations..... I did tell her that if he leaves USA he will not be allowed in again

Edited January 20, 2015 by LA NEGRA

[Boiler 43,669]

It has been all over the news. And VJ.

Just pass it on to your friend, they are the ones that need to follow through.

[LA NEGRA 19]

It has been all over the news. And VJ.

Just pass it on to your friend, they are the ones that need to follow through.

?????? I DONT UNDERSTAND WHAT YOUY ARE TRYING TO SAY...

[Boiler 43,669]

I understand that your knowledge of immigration is limited.

I have seen plenty of threads where a friend is asking and they never end well. The friend needs to join and ask or seek competent legal advice.

Impossible to know what the Lawyer consulted said, appears that whatever was said has been confused.

[LA NEGRA 19]

I understand that your knowledge of immigration is limited.

I have seen plenty of threads where a friend is asking and they never end well. The friend needs to join and ask or seek competent legal advice.

Impossible to know what the Lawyer consulted said, appears that whatever was said has been confused.

ok... yeah you are right!! I told her about this forum, hopefully she search and inform her self about her options. Thank you!

[Ms Hogan 295]

I am asking for a friend.... she married her husband after 8 yrs of a relationship. They have a 7 yr old daughter and he been in USA out of status. Here is the story.... He came in USA on a K-1 visa with a false name. Married his petitioner, when AOS they where ask to come to interview and they never went to interview. 6 yrs later they divorce. The guy been in USA since 2002 and have never had a legal status or been in trouble with the law. now he remarry and lawyer told him that he has to AOS with his new wife and his interview will be in his country. What are the odds of him getting a green card or even staying in USA legal with his new wife???

This seems to be a situation where you may need an immigration lawyer but one who knows that AOS interviews are completed in the States and not the home country.

But there will likely be a ban of some sort won't there? He will need to apply for a waiver. This is going to be more complicated than a straight-forward AOS.

He lied when he came the first time as he came under a false name. That is visa fraud, no?

When he married his first wife what name was on that paperwork? Was it his real name or his false name?

Is he planning to lie on all his paperwork to say he has never been married before?

Is the daughter a USC? Is his real or fake name on her birth certificate?

There are so many questions and this is not at all a simple case as far as I can tell. There are others who will be able to provide a lot more details on options.

[KayDeeCee 4,892]

Not eligible for AOS and sounds like a waiver would be needed. You need an experienced immigration attorney, not the one you spoke to.

As for DAPA >

http://www.immigrationpolicy.org/special-reports/guide-immigration-accountability-executive-action

http://www.nilc.org/dapa&daca.html

~ Moved from IR-1/CR-1 to Waivers and Administrative Processes ~

[LA NEGRA 19]

This seems to be a situation where you may need an immigration lawyer but one who knows that AOS interviews are completed in the States and not the home country.

But there will likely be a ban of some sort won't there? He will need to apply for a waiver. This is going to be more complicated than a straight-forward AOS.

He lied when he came the first time as he came under a false name. That is visa fraud, no? yes it is

When he married his first wife what name was on that paperwork? Was it his real name or his false name? the fake name

Is he planning to lie on all his paperwork to say he has never been married before? the lawyer said that there is no other way of proving that he came in with a k-1. to just say that he came in ileagally

Is the daughter a USC? Is his real or fake name on her birth certificate? real name

There are so many questions and this is not at all a simple case as far as I can tell. There are others who will be able to provide a lot more details on options.

[NigeriaorBust 4,087]

He should be unable to adjust here because of the terms of the original K1 , He can only adjust by means of the original petitioner. His fingerprints are on file and they will catch up sooner or later. He may be able to do a 601A waiver and interview in his home country ,but that may not overcome the misrepresentation charge. Why did he use a fake name back then , is there a deeper issue that needs to be told ?

If he has a lawyer recommending he lie to ommigration he needs a new lawyer immediately.

[LA NEGRA 19]

He should be unable to adjust here because of the terms of the original K1 , He can only adjust by means of the original petitioner. His fingerprints are on file and they will catch up sooner or later. He may be able to do a 601A waiver and interview in his home country ,but that may not overcome the misrepresentation charge. Why did he use a fake name back then , is there a deeper issue that needs to be told ?

If he has a lawyer recommending he lie to ommigration he needs a new lawyer immediately.

I dont know why he lied about his name but I don't think this lawyer is a good lawyer..... a lifetime ban is what I see

[Cathi 5,619]

when coming on a k-1 he can only get green card from the original person who petitioned for him. Not to mention he used a false name on the k-1 This is not a do it yourself case.