Guidance/Advice

[S2N 582]

1 hour ago, SalishSea said:

Right, obviously the difference being that they did not adjust status via the new spouse.

This.

 

OP isn’t going to be able to adjust status, which for reasons already spelled out is impossible (the ex does not have the legal right to sponsor as the familial relationship upon which the I-130 was based no longer exists.)

 

They're talking about a way to stay in the U.S. in some form of legal grey area for years while a consular I-130 and any applicable waiver makes its way through the system.
 

A lawyer may be able to help with that, but I don’t see the current administration finding it cute. They don’t like any of the grey area statuses.

[Boiler 48,197]

It is theoretically possible to adjust through an ex seen it once but that person did not have a new beau.

[S2N 582]

1 minute ago, Boiler said:

It is theoretically possible to adjust through an ex seen it once but that person did not have a new beau.

Interesting since you wouldn’t expect it because they wouldn’t meet the IR-1 criteria, which is what AOS is based on under the statue.

 

The new love interest plus the current administration makes me skeptical AOS would be allowed here regardless.

[Boiler 48,197]

I have only seen it once and was surprised an ex would do it.

 

Not recently so no idea which admin

[VTaylor9 6]

On 11/11/2025 at 8:05 AM, Questioner1 said:

I actually have been through an immigration process with USCIS. I'm a citizen now on the back of becoming a permanent resident. I my case, nothing happened as it was "supposed" to happen - that was the purpose of my post title about guidance/advice.

What was the basis for your own permanent resident to citizen process? Was it also based on marriage? 
I am not sure what your prior experience was; if it went better or worse than you had expected. 

 

No one can force you to follow the advice here, but you did ask for advice, and we are all trying to help you and your fiancé have the smoothest legal experience possible given the facts and situation.
 

Abuse- The purpose of this Violence Against Women Act (VAWA, although not restricted by gender)  self-petitioner allowance if for a battered spouse, married to a USC, whom otherwise would apply for immigration benefits for his spouse, to petition for herself. It is to protect against a violent USC spouse who would hold the law and the threat of deportation over a foreign spouse with fewer rights and opportunities. 

restrictions on a VAWA application: 

VAWA, or the Violence Against Women Act, is a U.S. law that allows certain victims of battery or extreme cruelty to self-petition for immigration benefits, such as a 

green card, without the knowledge of their abusive U.S. citizen or lawful permanent resident (LPR) spouse, parent, or child. To apply, you must file Form I-360, "Petition for Amerasian, Widow(er), or Special Immigrant," and demonstrate that you are a victim of abuse and have a "good faith" marriage to the abuser if you are a spouse. 

 

[Boiler 48,197]

I am pretty sure a VAWA and the ex going through with the validity of marriage, I 864 responsibility would definitely be a new.