Crazy ex-wife withdrew I-751 petition, now in removal proceedings

[makaleza 0]

I need some advice. I came into the US legally as a student and I later met and married my ex-wife. We were together for 2years and things started to change. I had to move out of town to attend college for graduate school, but she refused to come with me since she felt my new location was too cold for her. I found out she was seeing someone else and she was involved and arrested for possession of illegal drugs couple of times. However, she used to come often and spend sometimes with me in school. The last time she came, she was with me for 3 months. Anyway, we had to go for the interview for the I-751 removal of condition. At the interview, she requested to speak with the officer alone and in the process, she withdrew the petition and lied to the immigration officer, leaving me without any status and my conditional residency was terminated, thereby placing me in removal proceedings. After that I found out she already told the guy she was seeing that she wanted to do away with me so she can fully be with the new guy. I never knew I got married to an entirely different person and a crack head and drug addict.Based on all these, theres no point being together anymore, trying to make things work, so I filed for divorce and the divorce finally went through and I remarried to my girl friend of 2 years who is presently 5 months pregnant with my baby (this was before the removal proceedings commenced). However, we are thinking of filing a new paper work(I-130, I-485, etc) all over again but we are concerned it may not be approved since I'm now in removal proceedings. The lawyer we got informed me that I don't have anything to worry about, but how can I be so sure of that? There is no immigration benefit to evade as I have been going to school since my first day in the US and I'm still in school now (after 5 years). Has anyone been in this situation before or can anyone advice on things to do?

Timeline:

Dec 2002: arrived in the US as a student (F-1)

Nov 2003 :got married to ex-spouse

Jan2005 :got approved for conditional residency (2yrs)

Oct 2006 :filed for removal of conditions

July 2007 :ex-spouse withdrew petition (I-751 denied)

September 2007: divorce went through

October 2007: got married to girl friend of 2years (5months pregnant)

October 2007: Notice to appear for removal proceeding

November 2007: Filing of paper work

February 2008: Commencement of immigration hearing

............??????????????????????

[Peter T 0]

I need some advice. (...)

First, you did the right thing by working with a lawyer, because your case is special. From what you write, your lawyer's judgement seems sound so far.

[john_and_marlene 162]

You will have a problem if any of the following occurred prior to your marriage.

( i ) Commencement of proceedings . The period during which the alien is in deportation, exclusion, or removal proceedings or judicial proceedings relating thereto, commences:

(A) With the issuance of the Form I-221, Order to Show Cause and Notice of Hearing prior to June 20, 1991;

( B ) With the filing of a Form I-221, Order to Show Cause and Notice of Hearing, issued on or after June 20, 1991, with the Immigration Court;

( C ) With the issuance of Form I-122, Notice to Applicant for Admission Detained for Hearing Before Immigration Judge, prior to April 1, 1997,

( D ) With the filing of a Form I-862 , Notice to Appear, with the Immigration Court, or

( E ) With the issuance and service of Form I-860 , Notice and Order of Expedited Removal.

http://www.uscis.gov/propub/ProPubVAP.jsp?...8ce159d286150e2

Note that for ( B ) and ( D ) proceedings commence when the forms were filed, not when you received them.

[john_and_marlene 162]

What is the date on your removal hearing notice (when was it filed)?

What is the date of your marriage?

[makaleza 0]

I remarried on the 5th of October

The filing for removal proceeding commenced OCtober 18

[Lugn 0]

When you say "got married to girl friend of 2 years", does that mean she has been your girl friend for two years, or was she your friend for 2 years and happened to be a girl?

If you were dating her while being married to another woman, one could question whether the first marriage was entered into in good faith. If not, is the second one? I'm playing devil's advocate here, but do you follow my logic?

Also, if your current wife is 5 months pregnant (assuming you are the father) it means that you knocked here up before you divorced your previous wife, AND before she withdrew the petition for removal of conditions. This doesn't look good from a moral standpoint, but I'm not sure what it means to your case.

Keep your lawyer and good luck.