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Sasha2241

Adjustment of status denied, about to be deported

By Sasha2241 in Adjustment of Status from Work, Student, & Tourist Visas

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Sasha2241 Newbie

Sasha2241   0

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So I got married in December 2018 and filed in April 2019 but was denied cos during the interview, my husband lied to the immigration officers about our living situation. Also, he had a side chick and was posting her on social media, so the immigration officers thought we were married fraudulently. We got divorced in January and I decided to move on with my life. I spoke to my lawyer right before the divorce and he said the next best option is to remarry and refile. Now I am to appear before an immigration judge in 6 weeks or get deported. Has anyone been in this situation before? I have spoken to my lawyer and he will get back to me with my options.
zochu Collaborator

zochu   255

Posted
Filed: IR-1/CR-1 Visa Country: Australia
 Timeline
Posted

Remarry a USC and refile? So remarry a USC so you can stay? Is that what your lawyer advised? That doesn’t seem right at all 😕  

 

I haven’t been in your situation but when your case is heard in front of the judge will you be able to prove you entered into the marriage in good faith? Can you gather more evidence?

 

 

Our Visa Journey:

 

2 April 2018: Married in Santa Ana, California 💒

6 June 2019: Birth of our daughter 👶👨‍👩‍👧

14 October 2019: Sent I-130 package via AusPost 📮 

18 October 2019: NOA1 received - sent to Texas Service Centre :D

24 October 2019: USCIS processed filing fee 🤑 waiting game 🕰️

22 January 2020: Andy moved back to the USA😞 🇺🇸 - re-establish domicile & to get a job 👨‍⚕️

23 February 2020: Petition transferred from Texas Service Centre to Nebraska Service Centre 😞

15 May 2020: I-130 petition approved! 😭😍 Date changes leading up to the approval were: 1 May, 12 May, 13 May. 

16 May 2020: Received NVC email, paid all fees. Waiting for fees to process so we can upload and submit all documents

19 May 2020: Immigrant visa Fees PROCESSED; affidavit of support fee PROCESSED 

28 May 2020: Submitted VISA application, civil documents & affidavit of support documents. Patiently awaiting DQ. 

2 June 2020: Email received from NVC stating that we have been Documentary Qualified and that they will liaise with US Consulate in Sydney for Interview 🐨

27 June 2020: Expedite request submitted 🤞

7 July 2020: Expedite request APPROVED! 😃😭

15 July 2020: Email received advising of interview date and time. 
20 July 2020: Medical i: n Melbourne CBD 🏥     
28 July 2020: US visa interview at US consulate Sydney - refused 221(g) issued. Request for joint sponsor 😞

31 July 2020: uploaded joint sponsor to NVC, emailed consulate 

5 August 2020: emailed received advising they have received the joint sponsor 

7 August 2020: case i0n “administrative processing” 🤞

10 August 2020: visa ISSUED 😭 

12 August 2020: passport and visa in hand!

Boiler Grand Master

Boiler   46,936

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Filed: K-1 Visa Country: Wales
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Posted

Sounds like you need a new Lawyer.

 

Your lawyer wants you to remarry the person who was cheating on you and who lied to an Immigration Officer, not sure how that could work out well.

 

I do recollect a similar case. being posted on here and I have seen quite a few.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

geowrian Grand Master

geowrian   22,339

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Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

At this point, you need some serious good legal council.

You can't "just remarry and refile" anymore. it sounds like you already have an NTA. As such, you will have to go through court.

There are steps that can apply, but I'm just going to be blunt and say that the odds of finding somebody who you want to spend your life with and marry within the next 6 weeks or so is pretty much zilch, especially in a period where people are in quarantine and isolation, offices shut down, etc. And remaining your ex is an even worse path.

 

Your best bet is hope that your court date gets moved out. But in the end, it might be best to start planning to go home.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Boiler Grand Master

Boiler   46,936

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Filed: K-1 Visa Country: Wales
 Timeline
Posted

Have you been offered Voluntary Departure?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Sasha2241 Newbie

Sasha2241   0

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Posted
2 hours ago, Sasha2241 said:
So I got married in December 2018 and filed in April 2019 but was denied cos during the interview, my husband lied to the immigration officers about our living situation. Also, he had a side chick and was posting her on social media, so the immigration officers thought we were married fraudulently. We got divorced in January and I decided to move on with my life. I spoke to my lawyer right before the divorce and he said the next best option is to remarry and refile. Now I am to appear before an immigration judge in 6 weeks or get deported. Has anyone been in this situation before? I have spoken to my lawyer and he will get back to me with my options.

I want to clariffy. The lawyer said the only way I can change status is to get remarried legally and that was before I received a NTA. 

Boiler Grand Master

Boiler   46,936

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Filed: K-1 Visa Country: Wales
 Timeline
Posted

The Lawyer probably meant a proper Marriage, did you clarify?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Cornflake Enthusiast

Cornflake   108

Posted
Filed: AOS (pnd) Timeline
Posted (edited)
3 hours ago, Sasha2241 said:
So I got married in December 2018 and filed in April 2019 but was denied cos during the interview, my husband lied to the immigration officers about our living situation. Also, he had a side chick and was posting her on social media, so the immigration officers thought we were married fraudulently. We got divorced in January and I decided to move on with my life. I spoke to my lawyer right before the divorce and he said the next best option is to remarry and refile. Now I am to appear before an immigration judge in 6 weeks or get deported. Has anyone been in this situation before? I have spoken to my lawyer and he will get back to me with my options.

How did they find out about mistress? 

Edited by Cornflake
African Zealot Rising Star

African Zealot   1,456

Posted
Filed: Citizen (apr) Country: Ghana
 Timeline
Posted (edited)

Are you just looking for ways to live in this country? I mean that’s how it seems. It’s looks like you’re ready to remarry a man who cheated on you just to get legal status?

 

Would you have considered remarrying him if not for immigration purposes? Doesn’t seem so because otherwise you probably wouldn’t not have divorced him in the first place.

 

I believe I read somewhere US Immigration law says a person previously determined to engage in a sham marriage for immigration purposes can only adjust status by remarrying the same person they were accused of having a sham marriage with aside from asylum, cancellation of removal etc. I may be wrong.

 

Good luck.

Edited by Ray.Bonaquist

Just another random guy from the internet with an opinion, although usually backed by data!


ᴀ ᴄɪᴛɪᴢᴇɴ ᴏғ ᴛʜᴇ ᴡᴏʀʟᴅ 

 

 

Sarge2155 Mentor

Sarge2155   4,592

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

I think the OP means remarry like in marry someone else not the ex!


4 years, 11 months, 2 weeks and 3 days

Citizenship Complete!

USCIS is like a box of chocolates, you never know what kind of answer you are going to get!!!!

 

 

                                    

 

 

 

 


                                                             

 

 

 

 

 

geowrian Grand Master

geowrian   22,339

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
Just now, Sarge2155 said:

I think the OP means remarry like in marry someone else not the ex!

It wasn't clear to me what was meant there. But in 6 weeks....yeah....

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Just Paul Veteran

Just Paul   4,595

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted
15 hours ago, Sasha2241 said:
So I got married in December 2018 and filed in April 2019 but was denied cos during the interview, my husband lied to the immigration officers about our living situation. Also, he had a side chick and was posting her on social media, so the immigration officers thought we were married fraudulently. We got divorced in January and I decided to move on with my life. I spoke to my lawyer right before the divorce and he said the next best option is to remarry and refile. Now I am to appear before an immigration judge in 6 weeks or get deported. Has anyone been in this situation before? I have spoken to my lawyer and he will get back to me with my options.

What visa did you enter or adjust from?

 

Do you have any proof that you entered the marriage in good faith?

 

You didn't know he was posting on her social media?

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

Boiler Grand Master

Boiler   46,936

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Remarry suggests the same person otherwise would it not be marry?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

geowrian Grand Master

geowrian   22,339

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
1 minute ago, Boiler said:

Remarry suggests the same person otherwise would it not be marry?

I know people who said they remarried but it was not to the same person. 🤷‍♂️ Maybe a regional thing? haha

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Boiler Grand Master

Boiler   46,936

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
Just now, geowrian said:

I know people who said they remarried but it was not to the same person. 🤷‍♂️ Maybe a regional thing? haha

Well hopefully we will get clarification.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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