I130 withdrawn (non fraud reasons)& I485 denied. Filed AOS based on Second marriage. NTA days after my case was received bu USCIS

[Anne_3089 29]

NTA charges : Visa Overstay... anyone with same issue? 😕 can a motion to terminate be filed? I will contact a lawyer of course but would like to read any thoughts or suggestions.

 

1st marriage B2 visa 

married 6 months after being in the country. 04/26/2017

did not file for AOS until march 16 2018

separated by 05 same year due to cheating and emotional abuse. Not worth the effort. NO EAD WAS ISSUED NO AP

I FILED for divorce august 18

Within 05/2018 to Granted divorced 10/2018 met my now husband.

 

he proposed Sept 9 2018

married 01/18/2019

 

mailed AOS Package 04/04 

USCIS RECEIVED 04/05

NOA’s Monday 04/08

 

NTA Monday 04/08

due to withdrawing previous AOS and having no status to fall on to REASON FOR NTA VISA OVERSTAY. 

 

Inputs? 

 

Thank you.

 

[Anne_3089 29]

9 minutes ago, Anne_3089 said:

NTA charges : Visa Overstay... anyone with same issue? 😕 can a motion to terminate be filed? I will contact a lawyer of course but would like to read any thoughts or suggestions.

 

1st marriage B2 visa 

married 6 months after being in the country. 04/26/2017

did not file for AOS until march 16 2018

separated by 05 same year due to cheating and emotional abuse. Not worth the effort. NO EAD WAS ISSUED NO AP

I FILED for divorce august 18

Within 05/2018 to Granted divorced 10/2018 met my now husband.

 

he proposed Sept 9 2018

married 01/18/2019

 

mailed AOS Package 04/04 

USCIS RECEIVED 04/05

NOA’s Monday 04/08

 

NTA Monday 04/08

due to withdrawing previous AOS and having no status to fall on to REASON FOR NTA VISA OVERSTAY. 

 

Inputs? 

 

Thank you.

 

Main reason as to why I decided to file for divorce my then husband had vasectomy done and kept it from me. This was the breaking point bec I wanted to have kids but he wasnt willing to reverse it and didn not have the financial support to do so. And on top of that constant cheating and most of the time found whatever reason to belittle me.

Edited April 12, 2019 by Anne_3089
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[LisaLisa 65]

This is a very complicated situation and you should most likely hire a lawyer to help you with this. There is many issues that might create you a problem here. What is the question you are asking the forum here it is not very clear. You filed AOS with first husband and then got married again and then filed with the second husband and got denied?

[Anne_3089 29]

2 hours ago, LisaLisa said:

This is a very complicated situation and you should most likely hire a lawyer to help you with this. There is many issues that might create you a problem here. What is the question you are asking the forum here it is not very clear. You filed AOS with first husband and then got married again and then filed with the second husband and got denied?

 

2 hours ago, LisaLisa said:

This is a very complicated situation and you should most likely hire a lawyer to help you with this. There is many issues that might create you a problem here. What is the question you are asking the forum here it is not very clear. You filed AOS with first husband and then got married again and then filed with the second husband and got denied?

I forgot to say that I withdrew my first AOS as of 08/16/2018.

NTA was issued with charging Overstay. 

After I filled for my new AOS. But anyways got a lawyer already. It’s not a big deal according to him. Thank you tho.