Question...How is it possible he is here legally after I never filed for his papers.

[USAMorocco 143]

Hey Everyone!

 

I’m just wondering...maybe someone can explain. So back in 2013 I met and married a guy from Algeria. After only a month of being here I married him to stay within the K1 guidelines. Anyway, right after I married him it was evident he was using me. I asked him to go home and well a whole big thing took place...found weird pictures of my then 5 year old on his phone. Anyway he left in the early morning one day and went to live with my neighbor! I never filed for his papers. I did file a restraining order on him because he tried to call my daughter into an abandon house. Anyway today I found out he is here legally...living in Connecticut. He is getting married in Algeria next year and bringing his wife here. I’m just wondering how that is possible. He overstayed his visa and I never filed for his AOS. I thought you couldn’t adjust your status if the K1 petitioner doesn’t file your AOS. I really don’t care what he does...I guess I’m just wondering how it’s possible. Especially I went to immigration and filed a “report” against him when he left. If someone can explain how this could possibly happen please tell me. Thanks in advance! 

[AftM89 158]

13 minutes ago, USAMorocco said:

Hey Everyone!

 

I’m just wondering...maybe someone can explain. So back in 2013 I met and married a guy from Algeria. After only a month of being here I married him to stay within the K1 guidelines. Anyway, right after I married him it was evident he was using me. I asked him to go home and well a whole big thing took place...found weird pictures of my then 5 year old on his phone. Anyway he left in the early morning one day and went to live with my neighbor! I never filed for his papers. I did file a restraining order on him because he tried to call my daughter into an abandon house. Anyway today I found out he is here legally...living in Connecticut. He is getting married in Algeria next year and bringing his wife here. I’m just wondering how that is possible. He overstayed his visa and I never filed for his AOS. I thought you couldn’t adjust your status if the K1 petitioner doesn’t file your AOS. I really don’t care what he does...I guess I’m just wondering how it’s possible. Especially I went to immigration and filed a “report” against him when he left. If someone can explain how this could possibly happen please tell me. Thanks in advance! 

It’s been 7 years he could have married someone else in that time and it is enough time to have gotten his citizenship,why are you worried about him being legal?Do you suspect he might have filed on his own using your name?

[MJ&YY 124]

@USAMorocco Did you get a divorce during that time?

[Ontarkie 13,924]

~~Moved to General Immigration Discussion, from K1 P&P~~

[JFH 12,189]

Do you know for certain he has been in the country this entire time? Maybe he left and returned on another visa (K-1 or otherwise), married and adjusted? If you did not file the Adjustment of Status for him you have no responsibility for him. 

[geowrian 22,336]

1 hour ago, AftM89 said:

It’s been 7 years he could have married someone else in that time and it is enough time to have gotten his citizenship

Yes, but only if he left the US first. Can't AOS from K-1 via anybody else.

[USAMorocco 143]

2 hours ago, AftM89 said:

It’s been 7 years he could have married someone else in that time and it is enough time to have gotten his citizenship,why are you worried about him being legal?Do you suspect he might have filed on his own using your name?

Yes. Actually. I feel like something isn’t right. But then I figured I brought my now husband here 4 years ago so immigration would have caught it if he used my name no? He didn’t marry anyone else. My neighbor still talks to him and told me today he is marrying a girl from Algeria and bringing her here next year. 

1 hour ago, MJ&YY said:

@USAMorocco Did you get a divorce during that time?

Yes. I divorced him a month after I married him. It was finalized August of 2013. 

[USAMorocco 143]

1 hour ago, JFH said:

Do you know for certain he has been in the country this entire time? Maybe he left and returned on another visa (K-1 or otherwise), married and adjusted? If you did not file the Adjustment of Status for him you have no responsibility for him. 

Yes he hasn’t left the country. My neighbor who is still in contact with him is going to Algeria to his wedding next year. He said he will bring his wife here. I guess I’m just worried he used my name or had someone sign for me. Or some how had fake papers made. I’m married now and I brought someone here (at least this marriage turned out to be real) I would think immigration would have caught it if he used my name. I’m just worried because we are in the process of ROC and soon to start the citizenship Process. I just don’t want anything to mess it up. I have 2 children with my husband and my daughter (his step daughter) would be beyond crushed if anything messed this up. I would be devastated. My husband is my backbone and we have built a family. I just don’t want any surprises. I sent all my info from the last k1 when I brought my husband here. Everything the restraining order, the info pass receipt from when I went to report him and the receipt from reporting his social security number. With a long detailed letter and the court transcripts. My husband now came from Morocco and we had no problems at all. We were approved on the spot. So maybe I’m just worrying for nothing. 

[geowrian 22,336]

If you are sure he never left the US, then the only somewhat viable path would be VAWA. Or possibly TPS.

More likely he just hasn't been caught yet. 🤷‍♂️ There are people who overstay for decades and never get caught.

[OrihimeandIchigo 216]

I'm very curious as well and would also be anxious it's understandable. I mean he's obviously going to leave the country in a year to bring his new wife over so he's not worried about the 10 year ban for overstaying. It does make you wonder if he's done something shady.

 

I hope you'll update us on what you find on the VAWA or TPS. Do you have enough money to hire someone to look into this? A PI or a lawyer at least for your peace of mind and to protect your family. This guy obviously doesn't care what repercussions he has had on you so to protect your current husband and family I would investigate this to make sure it doesn't harm your husband's citizenships chances.

 

Also if he's faked your name on AOS I would be scared of what legal ramifications this means for you legal and money wise. As you know the I-864 is no joke and serious business.

 

Best of luck 

Edited April 13, 2020 by OrihimeandIchigo

[Boiler 43,592]

You said he is here legally, how do you know he is here legally?

[African Zealot 1,453]

Nobody can explain anything. What you will get is conjecture because there are numerous ways people can change status. What you will need is information from him or an investigator who can uncover the details.

 

In this particular situation I will say go on with your life and allow him to go on with his without undue interference. You have brought someone else here through similar channels so the reasonable assumption is if he used your stuff, it should have been caught.

[NikLR 13,220]

Well I guess you can hope when he goes to Algeria he won't be coming back because he wasnt really legal.  As you know you don't just go get your spouse and bring them back with you.  

[OrihimeandIchigo 216]

34 minutes ago, Ray.Bonaquist said:

Nobody can explain anything. What you will get is conjecture because there are numerous ways people can change status. What you will need is information from him or an investigator who can uncover the details.

 

In this particular situation I will say go on with your life and allow him to go on with his without undue interference. You have brought someone else here through similar channels so the reasonable assumption is if he used your stuff, it should have been caught.

But if she allows this to go on and he has filed his AOS and I-864 forging her signature shes RESPONSIBLE and must pay the US government back ANY money and public benefits her ex husband used while in the USA. The USCIS didn't care she filed a new form for her new husband as long as she signs those papers saying she responsible. They don't care because she's on the hook to pay not the USA Government. 

 

She needs to find out if a week from now or 10 years from now the US government will be knocking on her door for who knows how much money her ex used back. 

 

She knows what's all the I-864 is responsible for so if her signature is forged she needs to fix this so she's not responsible and can just be happy and responsible for her current family.

Edited April 13, 2020 by OrihimeandIchigo

[USAMorocco 143]

1 hour ago, Boiler said:

You said he is here legally, how do you know he is here legally?

When my neighbor told me this yesterday (I still am not sure why he even told me) I said how can he bring anyone here? He isn’t here legally. My neighbor said yeah he is here legally. I mean if he found a way to stay here legally it’s none of my business. I never spoke to him again after we went to court. But...if he did it in an illegal way and used any of my information than I have a problem. Then again my neighbor isn’t the sharpest tool in the shed so you can tell him anything and he believes it. But it’s just odd that he plans on getting married and brining someone here. If he is here legally I am kind of mad that he was able to adjust after just taking off. Not that I’m mad he took off on me. It just bothers me if he beat the immigration system. 🤷‍♀️ I don’t ever want to feel like I helped someone beat the system.