ADVICE NEEDED PLEASE

[hopeless_romantic 0]

Dear Al,

First of all thanks to this site for all the help and suport.

I have a query regarding the AOS.

Basically I was married in the past to a U.S. citizen. We were married for 3 years and live in the UK. During that time we applied for a spouse visa since we had intentions to relocate. After the application was aproved and I received the letter with all the steps to follow to apply for the visa the marriage broke down and we never filled in or sent back the necessary forms to continue with the process. We never completed or submitted the Form DS-230-I, neither the Affidavit of Support, Medical examination, police certificate, interview,etc. Nothing. Once we received the letter from the U.S embassy in London telling us that the petition for my visa had been aproved is when the marriage broke down and we thus stopped the whole procedure.

This happened a year ago.

I'm now currently going through a divorce, my husband has returned to the U.S and I have a new partner who is also a US citizen. We are madly in love. My husband has also met someone new and we are both trying to get on with our new lives.

My new partner and I would like to apply for AOS once we get married and I wonder if the fact there was an application made for me in the past would agravate the situation or work againts us in the future.

I'm assuming a lot of people marry and divorce. Everyone enters a marriage with the best intentions and it is unfortunate that sometimes things don't work well.

If someone out there could let me know what to do regarding the petition that was approved in the past I would be really grateful.

I was recently in the U.S and visited an immigration attorney who told me the petition gets withdrawn if you don't follow the steps or finish the whole procedure, but i have also heard this is not the case and that I would have to call them ad cancel it myself.

ANY ADVICE????

[pushbrk 14,513]

Dear Al,

First of all thanks to this site for all the help and suport.

I have a query regarding the AOS.

Basically I was married in the past to a U.S. citizen. We were married for 3 years and live in the UK. During that time we applied for a spouse visa since we had intentions to relocate. After the application was aproved and I received the letter with all the steps to follow to apply for the visa the marriage broke down and we never filled in or sent back the necessary forms to continue with the process. We never completed or submitted the Form DS-230-I, neither the Affidavit of Support, Medical examination, police certificate, interview,etc. Nothing. Once we received the letter from the U.S embassy in London telling us that the petition for my visa had been aproved is when the marriage broke down and we thus stopped the whole procedure.

This happened a year ago.

I'm now currently going through a divorce, my husband has returned to the U.S and I have a new partner who is also a US citizen. We are madly in love. My husband has also met someone new and we are both trying to get on with our new lives.

My new partner and I would like to apply for AOS once we get married and I wonder if the fact there was an application made for me in the past would agravate the situation or work againts us in the future.

I'm assuming a lot of people marry and divorce. Everyone enters a marriage with the best intentions and it is unfortunate that sometimes things don't work well.

If someone out there could let me know what to do regarding the petition that was approved in the past I would be really grateful.

I was recently in the U.S and visited an immigration attorney who told me the petition gets withdrawn if you don't follow the steps or finish the whole procedure, but i have also heard this is not the case and that I would have to call them ad cancel it myself.

ANY ADVICE????

It's the petitioner's petition, so any withdrawing thereof would be by the petitioner but I doubt it is necessary.

Your plans for the future are confusing. In what country are you currently living? Do you plan to enter the US using a K1 visa?

Edited September 22, 2007 by pushbrk

[hopeless_romantic 0]

I'm living in the UK. My husband is back in the U.S. and we are currently getting a divorce.

My new partner and myself still don't know exact about future plans and what is the best way to go on about it since we are currently waiting to get my divorce through to start making plans.

My new partner and I are worried if in the event of us applying for AOS or any sort of visa at some point, the fact there was an application made for me in the past by my husband would affect anything we will do in the future.

Dear Al,

First of all thanks to this site for all the help and suport.

I have a query regarding the AOS.

Basically I was married in the past to a U.S. citizen. We were married for 3 years and live in the UK. During that time we applied for a spouse visa since we had intentions to relocate. After the application was aproved and I received the letter with all the steps to follow to apply for the visa the marriage broke down and we never filled in or sent back the necessary forms to continue with the process. We never completed or submitted the Form DS-230-I, neither the Affidavit of Support, Medical examination, police certificate, interview,etc. Nothing. Once we received the letter from the U.S embassy in London telling us that the petition for my visa had been aproved is when the marriage broke down and we thus stopped the whole procedure.

This happened a year ago.

I'm now currently going through a divorce, my husband has returned to the U.S and I have a new partner who is also a US citizen. We are madly in love. My husband has also met someone new and we are both trying to get on with our new lives.

My new partner and I would like to apply for AOS once we get married and I wonder if the fact there was an application made for me in the past would agravate the situation or work againts us in the future.

I'm assuming a lot of people marry and divorce. Everyone enters a marriage with the best intentions and it is unfortunate that sometimes things don't work well.

If someone out there could let me know what to do regarding the petition that was approved in the past I would be really grateful.

I was recently in the U.S and visited an immigration attorney who told me the petition gets withdrawn if you don't follow the steps or finish the whole procedure, but i have also heard this is not the case and that I would have to call them ad cancel it myself.

ANY ADVICE????

It's the petitioner's petition, so any withdrawing thereof would be by the petitioner but I doubt it is necessary.

Your plans for the future are confusing. In what country are you currently living? Do you plan to enter the US using a K1 visa?

[kim&james 0]

You will need to apply for either a K1, if not married or a K3 if married visa. Then you will AOS here in the US.

[hopeless_romantic 0]

Thank you but would the fact that a visa petition was made (and also approved by the U.S Embasy in London) in my behalf by my ex-husband would affect any of this?

You will need to apply for either a K1, if not married or a K3 if married visa. Then you will AOS here in the US.

[kim&james 0]

Shouldnt do as long as you include the divorce papers and all the other stuff needed for those petitions. You might get asked at the interview at the consulate. Just be honest and tell them what they want to know.

[pushbrk 14,513]

Thank you but would the fact that a visa petition was made (and also approved by the U.S Embasy in London) in my behalf by my ex-husband would affect any of this?

You will need to apply for either a K1, if not married or a K3 if married visa. Then you will AOS here in the US.

It's not a reason for denial. The only "difference" I can think of is you might get a couple different questions at interview because of it.

You cannot just come to the USA on the visa waiver program, get married and adjust status. That's visa fraud. Your new partner will need to petition for your right to apply for a visa, just like your current husband did. All these options are explained in detail in the guides. Just click on the word "Guides" at the top of any page here.

Edited September 22, 2007 by pushbrk

[hopeless_romantic 0]

Thanks so much for the information. Very helpful :-)

Thank you but would the fact that a visa petition was made (and also approved by the U.S Embasy in London) in my behalf by my ex-husband would affect any of this?

You will need to apply for either a K1, if not married or a K3 if married visa. Then you will AOS here in the US.

It's not a reason for denial. The only "difference" I can think of is you might get a couple different questions at interview because of it.

You cannot just come to the USA on the visa waiver program, get married and adjust status. That's visa fraud. Your new partner will need to petition for your right to apply for a visa, just like your current husband did. All these options are explained in detail in the guides. Just click on the word "Guides" at the top of any page here.

Thanks so much for the information. Very helpful :-)

Thank you but would the fact that a visa petition was made (and also approved by the U.S Embasy in London) in my behalf by my ex-husband would affect any of this?

You will need to apply for either a K1, if not married or a K3 if married visa. Then you will AOS here in the US.

It's not a reason for denial. The only "difference" I can think of is you might get a couple different questions at interview because of it.

You cannot just come to the USA on the visa waiver program, get married and adjust status. That's visa fraud. Your new partner will need to petition for your right to apply for a visa, just like your current husband did. All these options are explained in detail in the guides. Just click on the word "Guides" at the top of any page here.

[Caladan 19]

Thank you but would the fact that a visa petition was made (and also approved by the U.S Embasy in London) in my behalf by my ex-husband would affect any of this?

You will need to apply for either a K1, if not married or a K3 if married visa. Then you will AOS here in the US.

It's not a reason for denial. The only "difference" I can think of is you might get a couple different questions at interview because of it.

You cannot just come to the USA on the visa waiver program, get married and adjust status. That's visa fraud. Your new partner will need to petition for your right to apply for a visa, just like your current husband did. All these options are explained in detail in the guides. Just click on the word "Guides" at the top of any page here.

It's only fraud if you use the VWP with the intent to stay (and it's a further question of whether they can show it). Plenty of people adjust from the VWP or from other visa types, and they are not investigated for fraud, nor have they gotten away with anything illicit.

I agree that the OP is probably better off getting a marriage-based visa, but if she came over here for a visit and then they decided to marry, she wouldn't necessarily have to return in order to file for permanent residency.

Anyhow, OP. Having had a previous petition filed on your behalf isn't a bar to adjusting status. You will want to have good documentation of the relationship and all of the divorce paperwork. Were you from a high fraud country, I'd be concerned that they might think you were just trying to land an American, but you're from the UK. So just make sure you're clear about when and where you met and how your relationship developed and be prepared for one or two questions about it.

[pushbrk 14,513]

It's only fraud if you use the VWP with the intent to stay (and it's a further question of whether they can show it). Plenty of people adjust from the VWP or from other visa types, and they are not investigated for fraud, nor have they gotten away with anything illicit.

I agree that the OP is probably better off getting a marriage-based visa, but if she came over here for a visit and then they decided to marry, she wouldn't necessarily have to return in order to file for permanent residency.

Intent is always the main issue in fraud. In this case, the OP has declared intent to marry already, so they could hardly claim a spur of the moment marriage.

[Caladan 19]

Eh. I don't think she should, mind you, since it seems that she does want to immigrate, but C. and I visited back and forth twice while we were engaged and had the K-1 pending. They let him in (and me in) because they didn't believe we had immigrant intent on that visit. Intent is tied to the visit, not to someone's general life plans. The fact that C. had intent to move to the U.S. in May didn't stop him from having NO immigrant intent in January.

And if after he visited in January we decided 'screw it, we're marrying NOW', we would have been able to make a very good case that even though we were engaged, his intent when he crossed the POE was to return.

It's just not the case that planning to move permanently at some point invalidates the use of the VWP. There's proving that you didn't intend to stay when you entered, which isn't easy, but it's not just as simple as saying 'I want to get married and move to the U.S.' on a message board means that you have immigrant intent for every forthcoming visit.

[pushbrk 14,513]

Eh. I don't think she should, mind you, since it seems that she does want to immigrate, but C. and I visited back and forth twice while we were engaged and had the K-1 pending. They let him in (and me in) because they didn't believe we had immigrant intent on that visit. Intent is tied to the visit, not to someone's general life plans. The fact that C. had intent to move to the U.S. in May didn't stop him from having NO immigrant intent in January.

And if after he visited in January we decided 'screw it, we're marrying NOW', we would have been able to make a very good case that even though we were engaged, his intent when he crossed the POE was to return.

It's just not the case that planning to move permanently at some point invalidates the use of the VWP. There's proving that you didn't intend to stay when you entered, which isn't easy, but it's not just as simple as saying 'I want to get married and move to the U.S.' on a message board means that you have immigrant intent for every forthcoming visit.

I agree.

That's why I said, "It (it being the appropriate plan) isn't as easy as just coming her on the VWP, getting married and adjusting status. That's visa fraud."

Coming here for a visit with every intent of returning home and then deciding on the spur of the moment to marry, then staying to adjust status isn't visa fraud but you might just play hell convincing anybody otherwise. Most people who visit, have homes and belongings to return to and business affairs to clean up before immigrating. While it's possible to arrange for others to take care of all those things without leaving the States during the AOS process, it's pretty uncommon.