Questions about unlawful presence and 10 years bar

[MertUS 2]

Hello VJ community!

 

I have some question about my situation,

 

I entered US on October 2018 with a K1 Visa. I married with my fiancèe in 90 days. After marriage we never file for AOS. On October 2019 my wife had a complaint to the police about me. I went to court on Jan 2020 and everything is dismissed. When i left from to courthouse 4 ICE agents waiting for me and they arrested me and put me to the detention facility in NJ. I stayed there 6 months and my wife didn’t help me and because there was no relief for me i ask for Voluntary Departure option and IJ granted me and i left the country under safe guards on July 2020. We still legally married but we are on divorce process.

 

My questions is,

1. What was my status after my K1 visa expired. I stayed in US more than 1 year after my visa expired. Is that time count as out of status or unlawful status?
2. If I marry with another woman in the future do i need a waiver for inadmissibilty?

3. How long i have to wait for marry again and apply for visa. I have a US citizen girlfriend and we want to marry after divorce.

4. At the airport i talked with ICE agents about my situation and i asked what is my punishment and they told me there is no punishment and i can apply visa right away when i go back to my country. But some people saying there is punishment for voluntary departure. So i’m confused i don’t want to think ICE agents lied to me. 
 

Thank you.

[Lucky2Lucky 2,526]

16 minutes ago, MertUS said:

Hello VJ community!

 

I have some question about my situation,

 

I entered US on October 2018 with a K1 Visa. I married with my fiancèe in 90 days. After marriage we never file for AOS. On October 2019 my wife had a complaint to the police about me. I went to court on Jan 2020 and everything is dismissed. When i left from to courthouse 4 ICE agents waiting for me and they arrested me and put me to the detention facility in NJ. I stayed there 6 months and my wife didn’t help me and because there was no relief for me i ask for Voluntary Departure option and IJ granted me and i left the country under safe guards on July 2020. We still legally married but we are on divorce process.

 

My questions is,

1. What was my status after my K1 visa expired. I stayed in US more than 1 year after my visa expired. Is that time count as out of status or unlawful status?
2. If I marry with another woman in the future do i need a waiver for inadmissibilty?

3. How long i have to wait for marry again and apply for visa. I have a US citizen girlfriend and we want to marry after divorce.

4. At the airport i talked with ICE agents about my situation and i asked what is my punishment and they told me there is no punishment and i can apply visa right away when i go back to my country. But some people saying there is punishment for voluntary departure. So i’m confused i don’t want to think ICE agents lied to me. 
 

Thank you.

1. the time you spent after the 90 days you had unlawful (illegal) presence. Since you never applied to adjust status you had no connection to legal status (ex. Pending) **For those of you that say what is the harm in not adjusting status this is a great example. Your marriage can go south and you lose your ability to stay in the US
2. Once your divorce is final and If you marry another US citizen you would need a waiver. 
3. You sound like you are greencard shopping so expect a LOT of scrutiny. You have been in detention for the last 6 months, are still married yet have a American girlfriend already? Maybe she should join VJ to learn first hand the uphill battle she will face as well. 
4. Dont forget anyone can apply for a visa but it doesn’t mean it will be granted. 

[Crazy Cat 39,363]

37 minutes ago, MertUS said:

Hello VJ community!

 

I have some question about my situation,

 

I entered US on October 2018 with a K1 Visa. I married with my fiancèe in 90 days. After marriage we never file for AOS. On October 2019 my wife had a complaint to the police about me. I went to court on Jan 2020 and everything is dismissed. When i left from to courthouse 4 ICE agents waiting for me and they arrested me and put me to the detention facility in NJ. I stayed there 6 months and my wife didn’t help me and because there was no relief for me i ask for Voluntary Departure option and IJ granted me and i left the country under safe guards on July 2020. We still legally married but we are on divorce process.

 

My questions is,

1. What was my status after my K1 visa expired. I stayed in US more than 1 year after my visa expired. Is that time count as out of status or unlawful status?
2. If I marry with another woman in the future do i need a waiver for inadmissibilty?

3. How long i have to wait for marry again and apply for visa. I have a US citizen girlfriend and we want to marry after divorce.

4. At the airport i talked with ICE agents about my situation and i asked what is my punishment and they told me there is no punishment and i can apply visa right away when i go back to my country. But some people saying there is punishment for voluntary departure. So i’m confused i don’t want to think ICE agents lied to me. 
 

Thank you.

Once your I-94 expired (90 days after arrival in the US), you were out of status and subject to deportation.

It sounds like you have a 10 year ban for overstay of more than a year.  It matters not that you left "voluntarily".  The ban started the day you left the US.  You will need a waiver to enter the US for any reason.

Tagging this thread fro future reference. This situation shows the danger of delaying Adjustment of Status. 

 "Tales of the Green Card".

 

Note :  There are no advantages to delay filing for adjustment of status.

 

Edited July 4, 2020 by Lucky Cat

[Crazy Cat 39,363]

@MertUS  Please ask your fiance to join us here on VJ.

[Sparkle Sparkle 913]

I see you in dare need of a GC. You face an uphill task with the politics of today

[MertUS 2]

1 hour ago, Luckycuds said:

1. the time you spent after the 90 days you had unlawful (illegal) presence. Since you never applied to adjust status you had no connection to legal status (ex. Pending) **For those of you that say what is the harm in not adjusting status this is a great example. Your marriage can go south and you lose your ability to stay in the US
2. Once your divorce is final and If you marry another US citizen you would need a waiver. 
3. You sound like you are greencard shopping so expect a LOT of scrutiny. You have been in detention for the last 6 months, are still married yet have a American girlfriend already? Maybe she should join VJ to learn first hand the uphill battle she will face as well. 
4. Dont forget anyone can apply for a visa but it doesn’t mean it will be granted. 

There is no shopping for greencard. My marriage didn’t work and when we are separated i have another relationship and it’s real there is no fraud here. I don’t understand why did you think that.

[PatLuvO 284]

40 minutes ago, MertUS said:

There is no shopping for greencard. My marriage didn’t work and when we are separated i have another relationship and it’s real there is no fraud here. I don’t understand why did you think that.

I think your timeline looks like you are green card shopping because you are still married and you were in detention for 6 months but you’re already talking about marrying a new US citizen. Also, you left the country this month and already trying to figure out how to return to the US. No judgement it just looks like your aim is to get back into the country instead of love.

Edited July 4, 2020 by PatLuvO

[Crazy Cat 39,363]

47 minutes ago, MertUS said:

There is no shopping for greencard. My marriage didn’t work and when we are separated i have another relationship and it’s real there is no fraud here. I don’t understand why did you think that.

Easy.  There are some people who target American women as a way to get into the US and stay.  Your case might look a little suspicious.

Edited July 4, 2020 by Lucky Cat

[Quarknase 1,072]

3 minutes ago, PatLuvO said:

I think your timeline looks like you are green card shopping because you are still married and you were in detention for 6 months but you’re already talking about marrying a new US citizen. Also, you left the country this month and already trying to figure out how to return to the US. No judgement it just looks like your aim is to get back into the country instead of love.

Agree with the timeline likely to raise suspicion. But I can also emphasize. After almost 2 years in the US every “normal” person has a life established here, wether legal status or not. In return the person has nothing (house, job, personal belongings) in the home country. Under those circumstances I think it’s only natural to first explore options to return, before planning our next steps in the previously abandoned home country.

With a 10 year bar from entering an uphill battle, this will take some years minimum.

 

As others have stated - unfortunately a great example of CR1 being safer than K1 for the immigrant, and delaying AOS is no joke.

[JeanneAdil 6,220]

your wife did not help you AOS and had you arrested

and why was ICE waiting?  more  than likely she turned you in and herself was suspecting you used her for a green card (my opinion only but why else would ICE be waiting???)

BTW the actual visa is a 1 time entry and was void after you entered

you needed to AOS to stay as instructed by USCIS in the welcome phamlet given to you when you received your visa 

So exwife supporting you financially all this time or did you try working without a permit?

 

and going from one USC and marriage to another is considered visa (green card) shopping by immigration and looked on as that way by most here and this is one reason immigration now uses the new forms to search thru an immigrant's social media to see if they go from one to another

 

Edited July 4, 2020 by JeanneAdil

[Quarknase 1,072]

1 minute ago, Lucky Cat said:

Easy.  There are some people who target American women as a way to get into the US and stay.

I think there are just as many people that target American men 😉

Edited July 4, 2020 by Quarknase

[Crazy Cat 39,363]

Just now, Quarknase said:

I think there are just as many women that target American men 😉

Maybe......I have seen at least one guy accused of that in an official intent to revoke notice..........I haven't seen any women accused...yet...😀

[JeanneAdil 6,220]

12 minutes ago, Lucky Cat said:

Maybe......I have seen at least one guy accused of that in an official intent to revoke notice..........I haven't seen any women accused...yet...😀

men have a hard time saying they were wrong --about anything

and if an American man goes to a foreign dating site to look for a partner,  who is targeting whom??

Edited July 4, 2020 by JeanneAdil

[PatLuvO 284]

30 minutes ago, Quarknase said:

Agree with the timeline likely to raise suspicion. But I can also emphasize. After almost 2 years in the US every “normal” person has a life established here, wether legal status or not. In return the person has nothing (house, job, personal belongings) in the home country. Under those circumstances I think it’s only natural to first explore options to return, before planning our next steps in the previously abandoned home country.

With a 10 year bar from entering an uphill battle, this will take some years minimum.

 

As others have stated - unfortunately a great example of CR1 being safer than K1 for the immigrant, and delaying AOS is no joke.

Understanding his rights and the impact of his previous stay in the country is one thing. However, if I moved to a country, got married and my spouse had me arrested then being detained for 6 months my first thought wouldn’t be to go down that same path again.  But maybe I’m not “normal”.

[JeanneAdil 6,220]

Not being familiar with bars

Doesn't he have to wait out the 10 years before he can even do a waiver?

or do a waiver to come within the 10 years?