Just wondering

[Jenny17655 283]

I was reading an article where lawyer was answering questions regarding someone's options to avoid being deported before AOS.  This is a particularly high profile televised couple. The man is currently being detained by ICE. He arrived on a K1, married and wife filed AOS. Things went left and wife pulled I864 and filed for divorce. Now I know clearly that he could not have entered and married someone other than the petitioner however this lawyer said one of his options would be to marry a citizen.  My question is because he married the petitioner and subsequently divorced can he now AOS with someone else?

[Dashinka 23,238]

After a bit of reading, it would seem the opinions are varied.  Personally, since he is now accruing unlawful presence when his I94 expired, I imagine even if he married another USC and tried to adjust he would be subject to a bar which would require a waiver and I don’t think that can be done in country.

[Going through 5,668]

I suppose it can happen...if the divorcee met another US citizen and married them, they would be under authorized stay while that AOS was pending.

There would be a natural higher scrutiny of that application to determine it was a bonafide marriage and not just one to avoid deportation/removal proceedings.

 

15 minutes ago, Bill & Katya said:

 Personally, since he is now accruing unlawful presence when his I94 expired, I imagine even if he married another USC and tried to adjust he would be subject to a bar which would require a waiver and I don’t think that can be done in country.

I don't believe any bar would come into play?  Once a new AOS was filed with a new spouse, and before any actual ruling on the deportation proceedings, they'd technically be back under authorized stay while it's pending (and any overstay automatically forgiven as the spouse of a USC).  

 

I would wonder how the detained person would have all of  sudden met the new USC they wanted to marry, though...since, y'know, they're detained and all.  😕 

 

Edited July 7, 2019 by Going through

[Paatay Khan 16]

From what I know, one cannot adjust status thru another petitioner once arrived on a K1 thru the original petitioner. Once their status expires after the 90-day period, they have to return and begin K1 process with the new petitioner.

[Daphne . 1,670]

59 minutes ago, Jenny17655 said:

 My question is because he married the petitioner and subsequently divorced can he now AOS with someone else?

He would not be able to AOS with someone else.

But he would be able to divorce, get married to somebody else and do AOS through that marriage.

But as mentioned, it would be highly scrutinized and the chances for him to find somebody would be slim while being deatained!

Edited July 7, 2019 by Daphne K

[Going through 5,668]

Just now, Sam Mirza said:

From what I know, one cannot adjust status thru another petitioner once arrived on a K1 thru the original petitioner. Once their status expires after the 90-day period, they have to return and begin K1 process with the new petitioner.

That's absolutely true for someone arriving on a K1 who never married the petitioner....in the story brought up by the OP, the K1 *did* get married and file for AOS through the original petitioner, and then later divorced....if the person remarried, they'd be eligible to adjust status through the new spouse.  Whether that AOS would actually get approved would be questionable, though, based on evidence of a 2nd bonafide marriage (and not just one to avoid the already occurring removal proceedings)

 

OP do you have a link to the article you were reading?

[JFH 12,189]

We are talking about Jay and Ashley from “90-day fiancé” on TLC. 

 

He had a NTA for August due to his expired I-94 and not being in status at the moment. She didn’t file his AOS or she withdrew the I-864 (she is prone to changing her story). However he breached a protective order that she had against him and a warrant was issued for his arrest. He turned himself in on the warrant and he was immediately handed over to ICE and is currently in their custody. 

 

Finding another woman to marry in his case shouldn’t be too difficult. The whole marriage fell apart due to his activities with other women. And there is no shortage of women setting up Go Fund Me things for him now and visiting him in the prison. 

 

As as I understand it their divorce is not yet finalized. I don’t think he will have time to finalize the divorce, remarry and file a new AOS before being put on a plane to Jamaica. 

Edited July 7, 2019 by JFH

[Going through 5,668]

1 minute ago, JFH said:

We are talking about Jay and Ashley from “90-day fiancé” on TLC. 

.......

Ah ok.....thanks for putting more meat on this thread!

 

I really need to get back to watching this show...I stopped after the season with Jorge and Anfisa.

[Dashinka 23,238]

19 minutes ago, Going through said:

I suppose it can happen...if the divorcee met another US citizen and married them, they would be under authorized stay while that AOS was pending.

There would be a natural higher scrutiny of that application to determine it was a bonafide marriage and not just one to avoid deportation/removal proceedings.

 

I don't believe any bar would come into play?  Once a new AOS was filed with a new spouse, and before any actual ruling on the deportation proceedings, they'd technically be back under authorized stay while it's pending (and any overstay automatically forgiven as the spouse of a USC).  

 

I would wonder how the detained person would have all of  sudden met the new USC they wanted to marry, though...since, y'know, they're detained and all.  😕 

 

I am not sure with a person here on a K1 with an expired I94 is granted a forgivable overstay unless they AOS with the original I129F petitioner.  They may be since they presumably entered with inspection, but I agree, someone facing deportation that suddenly finds another USC to marry would be suspicious.  Sounds like a movie plot.  😀

[Paatay Khan 16]

18 minutes ago, Going through said:

That's absolutely true for someone arriving on a K1 who never married the petitioner....in the story brought up by the OP, the K1 *did* get married and file for AOS through the original petitioner, and then later divorced....if the person remarried, they'd be eligible to adjust status through the new spouse.  Whether that AOS would actually get approved would be questionable, though, based on evidence of a 2nd bonafide marriage (and not just one to avoid the already occurring removal proceedings)

 

OP do you have a link to the article you were reading?

Hmm I see. 

Well, things aren't looking good for him even if he does manage to find-and-marry another woman being in detention awaiting/in the process of deportation.

[Jenny17655 283]

46 minutes ago, Going through said:

That's absolutely true for someone arriving on a K1 who never married the petitioner....in the story brought up by the OP, the K1 *did* get married and file for AOS through the original petitioner, and then later divorced....if the person remarried, they'd be eligible to adjust status through the new spouse.  Whether that AOS would actually get approved would be questionable, though, based on evidence of a 2nd bonafide marriage (and not just one to avoid the already occurring removal proceedings)

 

OP do you have a link to the article you were reading?

It was a Facebook post from In Touch Weekly regarding  90 Day Fiancee's Jay and Ashley

[Cheschirecat 176]

1 hour ago, Sam Mirza said:

From what I know, one cannot adjust status thru another petitioner once arrived on a K1 thru the original petitioner. Once their status expires after the 90-day period, they have to return and begin K1 process with the new petitioner.

He said they married. 

[Shiran 1,134]

I am guessing this is him? 

https://www.gofundme.com/f/1oqlrs1w00

Apparently since he turned his back on people of Jamaica, he fears of being assassinated if he is to be extradited. 

Edited July 7, 2019 by Shiran

[Just Paul 4,591]

23 minutes ago, Shiran said:

I am guessing this is him? 

https://www.gofundme.com/f/1oqlrs1w00

Apparently since he turned his back on people of Jamaica, he fears of being assassinated if he is to be extradited. 

I'd donate to have him removed.

Edited July 7, 2019 by Paul & Mary

[Just Paul 4,591]

I'd also donate to have Ashley removed too.  If that was possible.