Life is Crazy

[KyK 2]

So Visa Journey...we meet again. This time for something totally not expected. 

 

I apologize in advance for the incredibly long story I am about to unfold on everyone (or at least those interested enough to keep reading)

 

I am USC, I was living abroad a few years ago and got married. Went through the whole CR-1 process and moved back to the US about a year and a half ago with my then-spouse. 6 months into moving here I began noticing my spouse acting incredibly strange and was often catching the person in lies. Turns out they had a drug problem that pre-dated our marriage but I never knew and/or noticed it before because, while living in their home country, I was constantly lied to and never really able to pick up on the signs. Naive stupid me. Long story short, they moved out, I waited to file for divorce because I wanted to see if we could work things out, but of course things just kept getting worse so finally I filed for divorce, which will be final next month. 

 

A few months after they moved out I reconnected with someone that I had dated back in highschool and we immediately fell in love again.  This person is in the US illegally. (hate that term) We have been dating for almost a year now.

 

Now to my questions:

 

We want to get married, I obviously can't legally get married again until my divorce is final next month, but given that we will at one point go through the whole immigration process I would like to know what our best options are. My worries are that if we get married too soon, USCIS will think it is a fraudulent marriage. What does everyone else think? 

 

Also, what is the process in this situation... I-130, I485 and I-601a? (Came to the US once over 10 years ago and has not left since)

 

I am feeling somewhat overwhelmed....Sorry if I did not include enough information, but any and all comments and suggestions are welcomed!

 

 

*EDIT* I clearly forgot to include critical information, sorry!  They did not enter the US legally. 

Edited March 27, 2018 by KyK

[Crazy Cat 39,802]

The big question is:  Was this person who is now here illegally ever inspected when entering the US?

[KyK 2]

Just now, missileman said:

The big question is:  Was this person who is now here illegally ever inspected when entering the US?

They were not. They entered the US illegally. 

 

So sorry I didn't mention it, thanks for the question. 

[Cyberfx1024 7,978]

4 minutes ago, KyK said:

So Visa Journey...we meet again. This time for something totally not expected. 

 

I apologize in advance for the incredibly long story I am about to unfold on everyone (or at least those interested enough to keep reading)

 

I am USC, I was living abroad a few years ago and got married. Went through the whole CR-1 process and moved back to the US about a year and a half ago with my then-spouse. 6 months into moving here I began noticing my spouse acting incredibly strange and was often catching the person in lies. Turns out they had a drug problem that pre-dated our marriage but I never knew and/or noticed it before because, while living in their home country, I was constantly lied to and never really able to pick up on the signs. Naive stupid me. Long story short, they moved out, I waited to file for divorce because I wanted to see if we could work things out, but of course things just kept getting worse so finally I filed for divorce, which will be final next month. 

 

A few months after they moved out I reconnected with someone that I had dated back in highschool and we immediately fell in love again.  This person is in the US illegally. (hate that term) We have been dating for almost a year now.

 

Now to my questions:

 

We want to get married, I obviously can't legally get married again until my divorce is final next month, but given that we will at one point go through the whole immigration process I would like to know what our best options are. My worries are that if we get married too soon, USCIS will think it is a fraudulent marriage. What does everyone else think? 

 

Also, what is the process in this situation... I-130, I485 and I-601a? (Came to the US once over 10 years ago and has not left since)

 

I am feeling somewhat overwhelmed....Sorry if I did not include enough information, but any and all comments and suggestions are welcomed!

 

So they came here as a tourist and just never left? If that is the case then just go ahead and file for AOS for them after marriage. If them here without inspection then the that is when the real fun starts.

[Crazy Cat 39,802]

1 minute ago, cyberfx1024 said:

So they came here as a tourist and just never left? If that is the case then just go ahead and file for AOS for them after marriage. If them here without inspection then the that is when the real fun starts.

No.  The person was never inspected...

[Crazy Cat 39,802]

1 minute ago, KyK said:

They were not. They entered the US illegally. 

 

So sorry I didn't mention it, thanks for the question. 

For me, this would the time to lawyer up. Some of these cases have been very tricky...

[Cyberfx1024 7,978]

1 minute ago, missileman said:

No.  The person was never inspected...

Damn that sucks. Now they have to file for the waiver and actually pay for a lawyer.

[Iwo_Jima 119]

12 minutes ago, KyK said:

So Visa Journey...we meet again. This time for something totally not expected. 

 

I apologize in advance for the incredibly long story I am about to unfold on everyone (or at least those interested enough to keep reading)

 

I am USC, I was living abroad a few years ago and got married. Went through the whole CR-1 process and moved back to the US about a year and a half ago with my then-spouse. 6 months into moving here I began noticing my spouse acting incredibly strange and was often catching the person in lies. Turns out they had a drug problem that pre-dated our marriage but I never knew and/or noticed it before because, while living in their home country, I was constantly lied to and never really able to pick up on the signs. Naive stupid me. Long story short, they moved out, I waited to file for divorce because I wanted to see if we could work things out, but of course things just kept getting worse so finally I filed for divorce, which will be final next month. 

 

A few months after they moved out I reconnected with someone that I had dated back in highschool and we immediately fell in love again.  This person is in the US illegally. (hate that term) We have been dating for almost a year now.

 

Now to my questions:

 

We want to get married, I obviously can't legally get married again until my divorce is final next month, but given that we will at one point go through the whole immigration process I would like to know what our best options are. My worries are that if we get married too soon, USCIS will think it is a fraudulent marriage. What does everyone else think? 

 

Also, what is the process in this situation... I-130, I485 and I-601a? (Came to the US once over 10 years ago and has not left since)

 

I am feeling somewhat overwhelmed....Sorry if I did not include enough information, but any and all comments and suggestions are welcomed!

 

Why do you refer to you wife as "they"??

[doggieandsam 765]

since they entered illegally, that means they have no pathway to adjust status. they will need to exit the USA and wait out their bar first (10 years i think in this case). once that is over, only then can you petition them and apply for a waiver for their inadmissibility. this will be difficult and complicated, you will definitely need a lawyer like what others above said.

5 minutes ago, Iwo_Jima said:

Why do you refer to you wife as "they"??

if you don't want to specify gender, like what OP is trying to do in his/her post, instead of writing "he/she", one can use "they".

Edited March 27, 2018 by doggieandsam

[Unidentified 2,930]

7 minutes ago, Iwo_Jima said:

Why do you refer to you wife as "they"??

People seem to be allergic to using he/she... 

 

It also seems to be a common thing among VJ'ers who break up.

[javadown2 308]

From one bad situation to the next...wow sounds wonderful! haha.....

 

Ok, just had to say that, for now I would say what others are saying..."they" (the illegal person) needs to leave the country and come back the correct way, that is the only answer...take it or leave it. 

[KyK 2]

45 minutes ago, doggieandsam said:

since they entered illegally, that means they have no pathway to adjust status. they will need to exit the USA and wait out their bar first (10 years i think in this case). once that is over, only then can you petition them and apply for a waiver for their inadmissibility. this will be difficult and complicated, you will definitely need a lawyer like what others above said.

if you don't want to specify gender, like what OP is trying to do in his/her post, instead of writing "he/she", one can use "they".

 

19 minutes ago, javadown2 said:

From one bad situation to the next...wow sounds wonderful! haha.....

 

Ok, just had to say that, for now I would say what others are saying..."they" (the illegal person) needs to leave the country and come back the correct way, that is the only answer...take it or leave it. 

 

 

Thanks for your comments  However, after reading up a little bit about the waiver process and discovering the form I-601A, there does seem to be an "easier" option. I was hoping someone with a similar experience or greater knowledge could give some input here. Either way I will probably be consulting with an immigration attorney as well. Just trying to get as much knowledge as possible 

[NYCruiser 423]

44 minutes ago, Unidentified said:

People seem to be allergic to using he/she... 

 

It also seems to be a common thing among VJ'ers who break up.

I think the OP is part of a gay couple....She does not want to be judged

 

[KyK 2]

59 minutes ago, Iwo_Jima said:

Why do you refer to you wife as "they"??

 

51 minutes ago, Unidentified said:

People seem to be allergic to using he/she... 

 

It also seems to be a common thing among VJ'ers who break up.

 

6 minutes ago, NYCruiser said:

I think the OP is part of a gay couple....She does not want to be judged

 

 

Why would you assume I am male and/or gay? (not that it really matters haha)  Really it is for personal protection, in the off chance that my ex-spouse (who is known to be revengeful and capable of anything) was on this site. I tried to be as vague as possible while still being able to receive relevant feedback to my current situation. 

 

I hope you can all be understanding. 

Edited March 27, 2018 by KyK

[Iwo_Jima 119]

2 minutes ago, KyK said:

 

 

 

Really it is for personal protection, in the off chance that my ex-spouse (who is known to be revengeful and capable of anything) was on this site.

May be that's why you have your personal photo as a profile photo?