Can i be sponsor in my case ?

[California2020 1]

3 minutes ago, Going through said:

4 minutes ago, Going through said:

During the time you were married...how were taxes filed?  Surely you were listed as each other's spouse?

 

Where did you end up living?

During the time you were married...how were taxes filed?  Surely you were listed as each other's spouse?

 

Where did you end up living?

i lived in a hostel for couple days then in a shared room in apartment later

[Going through 5,668]

Right now there are two issues---the denied i-751 and now the new marriage (during the ROC process) which will automatically be presumed to have occurred only to circumvent any sort of removal proceedings since you say you are waiting for the NTA...this makes it double-hard for you to prove the 2nd marriage was bonafide and not only done to try to remain in the USA.

 

Hopefully you are currently physically living with the new wife?

[California2020 1]

1 minute ago, Going through said:

Right now there are two issues---the denied i-751 and now the new marriage (during the ROC process) which will automatically be presumed to have occurred only to circumvent any sort of removal proceedings since you say you are waiting for the NTA...this makes it double-hard for you to prove the 2nd marriage was bonafide and not only done to try to remain in the USA.

 

Hopefully you are currently physically living with the new wife?

Yes we are living together over one year now 

we have ( lease - phone bills - 2 bank accounts - photos)

[Going through 5,668]

13 minutes ago, manhattan2016 said:

Yes we are living together over one year now 

we have ( lease - phone bills - 2 bank accounts - photos)

What about joint tax returns, shared health insurance, shared car insurance, listed on retirement benefits?

[JFH 12,189]

42 minutes ago, manhattan2016 said:

I was just arrived and I didn’t received the green card at that time and yeah that’s what we were planning for 

But that’s your wife! You just moved half-way across the world to be with her, because that’s what husbands and wives do, they live together. She then moved overseas but you didn’t want to go with her because you didn’t have a GC??? Actually you did, you came here with a CR-1 so you had a GC the moment you landed. That’s what the I-551 stamp is for. So you wanted the GC and the life in the US more than you wanted a marriage with your wife. Surely you’d go to the ends of the earth to be with your wife if you really loved her? ROC was rightfully denied, it appears. 

Edited October 13, 2019 by JFH

[JFH 12,189]

38 minutes ago, manhattan2016 said:

We were already separated and she was in brazil at that time but I added her name to the tax file 

That wasn’t the question. Did you both file taxes as married?

[belinda63 2,981]

You are going to have a hard time with this. Your green card renewal has already been denied. You have zero proof of a legitimate marriage to the first wife. You then married another US citizen and are trying to obtain a green card or stay of removal through her. It very much looks like you are just looking for a green card.

[carmel34 3,531]

Sorry this has all happened to you, but from everything you posted, you are fighting an uphill battle here, trying to stay in the US long-term will be very very difficult even with the best attorneys.  Start thinking of a plan B to be with your new spouse in your home country in case you are deported.  Hopefully that won't happen but there is a good chance that it will so you need to be realistic here and mentally, emotionally, and logistically prepare for it.  Is your new spouse willing to move with you to your home country if you are removed?  Will she want a divorce or a long-distance relationship while she files an I-130 petition for you?  Time for that conversation to take place so that all alternatives can be explored now.  Good luck, you'll need it!

[Calicolom 265]

Good reading, with a lot of twists and turns. ????? any tru answers.

[geowrian 22,335]

No way around having to show that the first marriage was bona fide. You need to put all your efforts into getting ROC approved - either with a refiling or via the court. The new marriage won't be helpful immigration-wise IMO...the block is always going to be on that first marriage.

[Loren Y 2,732]

1 hour ago, geowrian said:

No way around having to show that the first marriage was bona fide. You need to put all your efforts into getting ROC approved - either with a refiling or via the court. The new marriage won't be helpful immigration-wise IMO...the block is always going to be on that first marriage.

I agree with this, there is no way you can sweep the first marriage under the rug and just move on with a new marriage. Definitely concentrate all your efforts on getting the ROC approved, I wouldn't bother filing any other AOS, or I130's etc. until the first ROC is figured out, I believe you are just wasting your money because thinking when you go to the court for the first ROC and the judge says no way, you are deported, you have 30 days to leave the country it isn't going to matter whatever else you filed, it is not going to cover you from an Immigration judges order in my opinion. So, I would see how the first case plays out, then you go from there. Odds are you will be ordered to leave, have to leave the US, and then start all over with a new spousal visa with your now wife. You chances of staying in the US thru this whole process is pretty slim, and I think the attorney is just trying to make a buck off of you before you get ordered out. I would consult another immigration attorney to get a second opinion, maybe one a few cities away so you know they aren't working together or are members of the same country club.

[Villanelle 4,121]

@manhattan2016  The more info you can provide the better advice you will get. 

 

When you applied for the CR visa did she use a co-sponsor or was able to qualify on her own? Im asking because if she qualified on her own then your claim that you guys couldnt afford your own place is discounted. If she used one of her family members to c-sponsor it also looks odd that they would co-sponsor and then NOT provide you with a place to live when you arrived. Were you surprised when you arrived and were told you couldnt live with her or did you know in advance? 

 

Overall entering the US and not living together is a problem. So is the fact that she left the US one month after you arrived and then promptly broke off the relationship. The good news is ROC only requires showing that YOU entered the marriage in good faith- regardless of her intentions. It seems pretty clear she had no intentions of being a married couple but again you need to show that YOU did. Perhaps you have emails or texts showing this. 

 

I know if I was in your position there would be countless emails/texts with me asking what the heck is going on! You need to show you were oblivious to her actions rather then being in on it. You should also have the evidence you used to obtain the visa... Were you EVER interviewed for ROC? Im assuming you were because its part of the process to deny but I suppose with such a weak case USCIS could have decided to skip the interview and send a denial. If there was an interview what happened? Did you ever send in a joint ROC or was it always a waiver? When did this new relationship begin and when was the marriage? Did you wait until the 2 yrs was up to file ROC or did you file sooner with a waiver? What info on the RFE did they ask for that you didnt have proof of? 

 

Going back to the original question you asked about using your income on the 864- Im going to say it may be able to be used. The issue is you are involved in the court system (or will be). There are additional rules with the court system that is really outside of the area of VJ. Technically you should be able to use your income as the immigrant if it is legal (with work auth)  income you are earning. The problem is as explained you can not be earning income as a conditional LPR - so holding an LPR status while at the same time applying for LPR status.  You may end up having a small gap in employment when you switch from being a conditional LPR to being a pending 485 applicant with EAD. That switch in status will most likely occur with the court. And again, court processes are outside the scope of VJ. 

 

And yes, it is a contradicting system. You have to prove the first marriage and can not just walk away and start a new case. It will always be there and needs to be shown it was bonafide (on your part at least). So yeah it is silly because if you can prove that then you can ROC so the subsequent 130/485 wouldnt be needed.  You would honestly be better off following through with the ROC because then you are done with USCIS unless/until you naturalize. If you pursue a new 130/485 you may once again get the conditional GC (unless it takes longer then 2 years to resolve everything and get a GC) but if the marriage is under 2 years when its approved you will get the conditional card again and have to do ROC. 

 

I disagree with LorenY above though. The whole point of filing the 130 (now) is to have a back up plan. Its a lousy back up though. If the 751 can not be resolved then most likely the judge will allow you to pursue the 130/485 process because you meet the basic qualifications for it. However it will not be approved unless you can prove the first marriage was bonafide. So its just a way to get you 'more time' but is just as difficult as the ROC case if not more difficult because now you have to prove 2 marriages as bonafide. 

[California2020 1]

11 minutes ago, Villanelle said:

@manhattan2016  The more info you can provide the better advice you will get. 

 

When you applied for the CR visa did she use a co-sponsor or was able to qualify on her own? Im asking because if she qualified on her own then your claim that you guys couldnt afford your own place is discounted. If she used one of her family members to c-sponsor it also looks odd that they would co-sponsor and then NOT provide you with a place to live when you arrived. Were you surprised when you arrived and were told you couldnt live with her or did you know in advance? 

 

Overall entering the US and not living together is a problem. So is the fact that she left the US one month after you arrived and then promptly broke off the relationship. The good news is ROC only requires showing that YOU entered the marriage in good faith- regardless of her intentions. It seems pretty clear she had no intentions of being a married couple but again you need to show that YOU did. Perhaps you have emails or texts showing this. 

 

I know if I was in your position there would be countless emails/texts with me asking what the heck is going on! You need to show you were oblivious to her actions rather then being in on it. You should also have the evidence you used to obtain the visa... Were you EVER interviewed for ROC? Im assuming you were because its part of the process to deny but I suppose with such a weak case USCIS could have decided to skip the interview and send a denial. If there was an interview what happened? Did you ever send in a joint ROC or was it always a waiver? When did this new relationship begin and when was the marriage? Did you wait until the 2 yrs was up to file ROC or did you file sooner with a waiver? What info on the RFE did they ask for that you didnt have proof of? 

 

Going back to the original question you asked about using your income on the 864- Im going to say it may be able to be used. The issue is you are involved in the court system (or will be). There are additional rules with the court system that is really outside of the area of VJ. Technically you should be able to use your income as the immigrant if it is legal (with work auth)  income you are earning. The problem is as explained you can not be earning income as a conditional LPR - so holding an LPR status while at the same time applying for LPR status.  You may end up having a small gap in employment when you switch from being a conditional LPR to being a pending 485 applicant with EAD. That switch in status will most likely occur with the court. And again, court processes are outside the scope of VJ. 

 

And yes, it is a contradicting system. You have to prove the first marriage and can not just walk away and start a new case. It will always be there and needs to be shown it was bonafide (on your part at least). So yeah it is silly because if you can prove that then you can ROC so the subsequent 130/485 wouldnt be needed.  You would honestly be better off following through with the ROC because then you are done with USCIS unless/until you naturalize. If you pursue a new 130/485 you may once again get the conditional GC (unless it takes longer then 2 years to resolve everything and get a GC) but if the marriage is under 2 years when its approved you will get the conditional card again and have to do ROC. 

 

I disagree with LorenY above though. The whole point of filing the 130 (now) is to have a back up plan. Its a lousy back up though. If the 751 can not be resolved then most likely the judge will allow you to pursue the 130/485 process because you meet the basic qualifications for it. However it will not be approved unless you can prove the first marriage was bonafide. So its just a way to get you 'more time' but is just as difficult as the ROC case if not more difficult because now you have to prove 2 marriages as bonafide. 

First of all i wanna thank you so much 

you are right about everything 

yes i had interview for i 751 and the officer gave me RFE to send him any evidences that can support me ..

the lawyer sent some and saved some for the immigration court incase of the uscis deny the i751 

then the i 751 denied For insufficient evidences and they mentioned the reasons like we didn’t live together and some chats has no date on it and some texts in different languages bla bla bla 

the sponsor that i used before was my friend 

now the lawyer adviced me to apply for new case asap to be like a back up and ofc we are not gonna ignore the first case ... I collected all the evidences since we met and i tried to cover all the points in the denial letter

[Going through 5,668]

If you could post the denial letter (with personal name, etc. removed) as well as what you sent "to cover all the points" it would be helpful to further advise you.

 

Your lawyer "saving some evidence" instead of sending it in was probably not the wisest decision if the stuff saved was more relevant than what was actually submitted...this could have been avoided depending on that.