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Posted (edited)

Hi i want to know how bad my situation could be. Ok came to in 2016 on a f2. My wife f1 got h1 picked nd denied along with my h4 in 2019. Again tried in 2020 and was successfully approved but this time only h1 was filed. 2020 was the time things started get rough nd very bad. Families from both sides tried to fix this. Nd filed my h4 few weeks after h1 was approved. But at the same time things between me nd my ex were just hanging there becoz of parents. Nd finally decided to get divorce..my ex wife knows abt my secret gf and it started all over there becoz of myself got ignored. She has withdrawn my h4 petition.

Thanks for reading until this point. Here i would start asking for suggestions

1 recently got my divorce decree. Nd got married to my 1yr girlfriend.( redflag1)

2 i helped the divorce process to go faster by sacrificing my financial rights to find peace nd could start a new life unbothered.

3 me nd my girlfriend have a age gap of 14 years( flag2) i dnt knw her age until we got into a crush. Nd tht age gap has never bothered us.

4 im originally from a high fraud possible nation(flag3)

5 my girlfriend was doing here internet research nd rushing me to get into the process so tht once i get a work permit we can securely start building family, she was actually worried abt planning for kids at this confused situation

CAN ANYONE SUGGEST ME WHAT IS THE BEST TO DO. myself i thought i could give ourselves some time and can start doing filing after 1 or 2 yrs. NO SUGGESTION IS SMALL ND EVERY SUGGESTION IS APPRECIATED. Thankyou. Nd sorry for making it too long.

Edited by Vince98765
Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline
Posted

Hi,

 

From your post, I assume you never had H4 status and only F2 status?   If so, as soon as your divorce was finalized you lost F2 status and have stated accruing unlawful presence, I believe.

 

If your new wife is a USC, your unlawful presence can be forgiven.  She will need to file I-130 spouse petition for you, and you file I-130a.  You can also concurently file for Adjustment of Status:  She files I-864, you file I-485, I-765 (EAD), and I-131 (AP).  You cannot work without EAD.  You are in illegal status until I-130 and I-485 have been filed.

Posted
5 hours ago, SteveInBostonI130 said:

Hi,

 

From your post, I assume you never had H4 status and only F2 status?   If so, as soon as your divorce was finalized you lost F2 status and have stated accruing unlawful presence, I believe.

 

If your new wife is a USC, your unlawful presence can be forgiven.  She will need to file I-130 spouse petition for you, and you file I-130a.  You can also concurently file for Adjustment of Status:  She files I-864, you file I-485, I-765 (EAD), and I-131 (AP).  You cannot work without EAD.  You are in illegal status until I-130 and I-485 have been filed.

Thank you. 

 

5 hours ago, SteveInBostonI130 said:

Hi,

 

From your post, I assume you never had H4 status and only F2 status?   If so, as soon as your divorce was finalized you lost F2 status and have stated accruing unlawful presence, I believe.

 

If your new wife is a USC, your unlawful presence can be forgiven.  She will need to file I-130 spouse petition for you, and you file I-130a.  You can also concurently file for Adjustment of Status:  She files I-864, you file I-485, I-765 (EAD), and I-131 (AP).  You cannot work without EAD.  You are in illegal status until I-130 and I-485 have been filed.

Thank you.

 
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