kokofee2

An attorney is probably not a bad idea, but at the same time an attorney cannot change the facts of your case. Given your financial situation, I would probably try to get a free consultation with an immigration attorney to get a professional perspective on the challenges you will be facing, but wait until after your interview to hire someone. If things do not go well and you get an RFE, NOID, or Stokes interview, hire an attorney then.

Okay, i will do that. Hopefully I would have gotten my EAD by then so will be able to afford a competent attorney.

Your tale is well contructed but it is not how an immigration will view what has happened, they will see a person allowed in on a temporary status that has tried every trick in the book to stay longer. You tried a different visa type and when that didn't work , you married and when that didn't work you filed for abuse and when that didn't work you married again. Even if this marriage is 110% legit you are going to need an extremely good legal rep and you had best not even think of ignoring any other law even if 99% of people would be forgivien for it , you would be adding more proof that you don't care about immigration laws and think you can worm you way through this. The hard facts are I think there is less than a 30% chance of you staying in the US through the path you have shown. You will make you lawyer a rich man but you are heading for a 'relationship for immigration purposes' flag unless you are very very careful.

I can't afford be worried. I'm confident because my marriage is legitimate and i can substantiate it. My path is not the greatest and i didn't tricks from a book. It's good to be aware of the view point you're presenting and to be well prepared. I have nothing to be afraid or worried. My immigration experience didn't go smooth as others might have. I've nothing to worry about. I'll take your advice to be very, very careful. I will wait till by EAD arrives and then i will work. Thanks for the perspective.

Your tale is well contructed but it is not how an immigration will view what has happened, they will see a person allowed in on a temporary status that has tried every trick in the book to stay longer. You tried a different visa type and when that didn't work , you married and when that didn't work you filed for abuse and when that didn't work you married again. Even if this marriage is 110% legit you are going to need an extremely good legal rep and you had best not even think of ignoring any other law even if 99% of people would be forgivien for it , you would be adding more proof that you don't care about immigration laws and think you can worm you way through this. The hard facts are I think there is less than a 30% chance of you staying in the US through the path you have shown. You will make you lawyer a rich man but you are heading for a 'relationship for immigration purposes' flag unless you are very very careful.

Hmm.... Will i be needing an attorney?

Oh they sent you a letter?? did you get the letter at your wife address and was you still living there? how did you get the letter? Do you know how long ago your wife cancelled the petition?? being that you found out in January 2010?

So uscis does contact yall when the spouse withdraw the petition i wonder do they call u guys to? my husband said something about getting a call from somebody, i am going through the samething but in my case my husband wasn't abuse at all..he got down here in the USA and started running off with friends and started cheating on me, got busted, i got the evidence and everything and he turned around called the cops on me 4 days later and made up a lie saying i burnt him with an iron..then dropped the charges cuz the cops didn't believe because where he work at. In my case i was dealt with a bad hand and is really get fraud.

Your husband is a psycho: that's what they do (psychopaths) they make you think that you're the abuser and they are the victims - that's exactly what happened in my case too. The problems is i didn't even understand what was going on because it just wasn't normal. Normal people does screw with your head, manipulate and distort your sense of reality. I'd to really educate myself about this kind of people that live amongst us after my divorce because i was really lost mentally. What do you mean by "In my case i was dealt with a bad hand and is really get fraud."????

I was mailed a letter. My attorneys changed my address and notified USCIS of the change. The letter was mailed to my new address not to my spouse's address. I never got any call.

"Then got married in November 2011 for new AOS"...... i guess i dont understand this last part you mentioned especially the last 3 words.

I meant filed a new adjustment of status from my second marriage to my wife.

You should write a brief time line, some people like me have a hard time counting on their fingers.

Yeah, i will do that right now.

Working illegally is normally overlooked for spouses of USCs. But it is still illegal AND against the terms of VJ so nobody here will advise you that it's ok or that you should do it. Honestly, I'd avoid it if I were you. You already have a complicated case that is going to involve LOTS of questioning. No reason to add something else negative to your case.

Thanks for the advice. I really don't want to complicate my situation than it already is. I get it. Okay.

H1-B denied, got married, wife pulled the plug on the AOS, filed for VAWA, that got denied so now you are in a second marriage and filing for AOS? Do I have this correct?

Yeah, this is not going to end well. And that's putting it lightly.

It will end well. Be positive. H1B was not approved because of cap. AOS did not go through because i was married to an abusive spouse who withdraw the petition. VAWA petition didn't approve because i did not gather sufficient evidence and i appealed now it's been pending forever. Met a beautiful and dynamic woman who brought some lights into my life. All that matters to me right now is that i have something going for me. We filed an AOS a 2 weeks ago. I'm looking forward to that. I've been through enough rough experience. It wasn't my fault that H1 was denied nor that crazy woman withdrew her petition and it's not as easy as you think to gather evidence of abuse especially if you never knew that your spouse will be abusive and that you will have to file VAWA. I never heard of VAWA before until the abuse got REALLY bad and had to really get out of it.

You're not THAT broke, you have a computer with which to get online... That's a few hundred bucks right there.

Nice try! A few hundred bucks can't do much for me. Now, you got me thinking of what i could possible sell to make a little money to pay some bills. I don't have much, i just remembered.

I don't know about the OP's computer, but my net book was $200 brand new a couple years ago. No way would I get any useful amount of money out of it.

In any case, he was asking about the legality of working before his EAD arrived, got an answer, and stated that he would not be working illegally as he was now informed it wasn't allowed. Not sure why the judgement on his financial situation.

Well i am broke... and I've read in so many places that as long as your AOS is with an immediate relative, a US citizen spouse, even if you were out of status or worked illegally (that is without permission) you will be forgiven if your AOS is with an immediate relative (a US spouse citizen). That's why am thinking i may get a small cleaning job just to be able to pay the bills and salvage my already damaged credit and all order bills left unpaid because i have not been working for more than a year now. If i did this, it will be forgiven right??? It's just a small cleaning job anyways it's not a big job at an IT company or anything like that and i hate asking for unearned benefits. I don't know, maybe am talking crazy based on my situation. You guys can help me think rationally. As long as a person entered legally with inspection but overstayed he will be forgiven if worked without authorization and can apply for AOS. However, if one entered illegally (jumped the border) then he cannot adjust nor be forgiven for working without permission. Helpful links: link 1,

It is certainly going to be an interesting interview...

But that is for another thread, question asked and answered on this one.

I know... Tell me about me. I know it will be an interesting interview and i am very much up for it no problem there. We'll be prepared with as much evidence of bona fide marriage as we can gather and we ready for questions which ever direction they take. I know, that will another thread. Be assured, i will keep you guys in the loop. I've been there a lot the past couple of years and having to face an interview with immigration is the last problem on my mind. As long as we're prepared and our marriage is legit i believe all will be well. No worries

Hey kokefe can you please answer this for me How did you find out that wife did this??? did she tell you or did they contact you and told you about it???

Thank you i will appreciate it.

I received an letter from USCIS early January 2010 letting me know that my I130 had been cancelled by by spouse and that i have 6 months to take care of my case else i will have to leave the country. The VAWA attorneys were not surprised telling me that they deal with lots of abusive US citizen spouses who do that (go in to withdraw the petition as a form of power or control). USCIS contacted me to let me know so we filed VAWA within six months but a month before the divorce was final.

When did your F-1 visa expire? It was when you tired to change status from a F-1 to AOS, but you never AOS because she pulled the plug (the 130).

So, you will be offically out of status from the expiration date of the F-1, because your VAWA was denied. You started an appeal process, but you have interrupted that process with this new AOS. Until you receive the NOA1 from this new AOS you are out of status.

interesting. Okay. Well, the Visa on my passport was a 2 year visa for F-1 but i was in school all 4 years and then applied for OPT worked for a year on OPT and 6 months on CPT (because H1B was not approved). Got married in 2009 and filed for AOS. Then VAWA in 2010 appeal in May 2011. Then got married in November 2011 for new AOS.

Ok. Ok. To the OP....My apologies.

Apologies Accepted.

KOKO, since your VAWA was not approved, your out of status goes back to the date when you changed your immigration status. That was in 2009, when you got married and you were no longer in status on the H1B visa.

No. I never got the H1B visa. I didn't get it because of the cap. I was on F-1, OPT, CPT, then F-1 again then AOS then VAWA, now a new AOS from second marriage. Get it??? No H1B, No K1 visas.

Then that doesn't apply to you. A K-1 is a fiancé visa, and you posted in the AOS forum for people adjusting from K-1s and K-3s, hence the confusion. I'll request this thread be moved to the proper forum to avoid more confusion. Good luck!

Ooh! Thanks. I didn't know that.

I came to the US on F-1 Visa 2003. I was in college for 4 years till 2007. Worked on OPT for a year was sponsored by a company for HIB but didn't get it because of the cap. I never came on K1. Don't know what that is. Got married while in Grad school in 2009 but it was very abusive and had to file VAWA in 2003.

Sorry filed VAWA in 2010 not 2003. I came on F-1 VISA not K-1 Visa.

I think what NigeriaorBust meant was that if you originally entered the country on a K-1, you can't adjust status in any way besides AOS with the original petitioner or VAWA. If you didn't enter on a K-1 that will not apply to you.

I came to the US on F-1 Visa 2003. I was in college for 4 years till 2007. Worked on OPT for a year was sponsored by a company for HIB but didn't get it because of the cap. I never came on K1. Don't know what that is. Got married while in Grad school in 2009 but it was very abusive and had to file VAWA in 2003.

Then you have been out of status since 2009. You will need to wait for your EAD card to work.

No. In 2010 i filed for VAWA after my US citizen spouse went in and cancelled her I130 petition. I had immigration attorneys specialized in abuse file my I130 for free since people in my situation are known to me broke. It was filed within 6 months after my US citizen spouse withdraw her petition and a month before we were legally divorced.

So???? It was also accurate.

What's up with you? Everyone is on here for answers and help that's all I'm here for. What's your problem?? I don't have time for this. I need help and a good advice.

KokO, you are mis-understanding Nigeria post, you came to the US on a K1, and you can only AOS from that petition, unless you were granted VAWA. In your case you wasn't granted VAWA, and you voided the appeal by getting married.

I came to the US on F-1 Visa 2003. I was in college for 4 years till 2007. Worked on OPT for a year was sponsored by a company for HIB but didn't get it because of the cap. I never came on K1. Don't know what that is. Got married while in Grad school in 2009 but it was very abusive and had to file VAWA.

You became illegal once your VAWA was denied. Go back to Nigeria and work there. You are not legal to work here.

No, silly. My VAWA is still pending it hasn't been cancelled yet. But i filed for an AOS from my second marriage early November. I've never worked illegally or been out of status, but i know couple of friends who are working out of status which is why i need to check to be sure. I'm on here to ask for help not to do anything illegal. At least i now know that it's illegal so i wouldn't do it. I need HELP in making good decision since my situation is complicated enough not rudeness.

Were you AOSing originally from a K1 visa ? If so you can not adust based on marriage to any other person other than the original petitioner. You may be faced with having to leave the US to be able to get status. Working before leaving will complicate things in future filings.

No. I was married in 2009 but the marriage was very abusive so i left and filed VAWA in 2010 but i didn't gather enough evidence of abuse or call the police. VAWA was denied because i didn't have sufficient evidence to prove abuse even though i had a lot of statements from friends who knew my situation about abuse. I appealed VAWA which has been pending ever since. I met a beautiful woman early this year 2011 and got married early November and filed for AOS which canceled the pending I360 (VAWA). We got a uncle an only joint sponsor since my wife's income is below the 125% of poverty line for my household income.

BIG NO ...you cant work without EAD thats illegal(but you would say you know many people who are doing so could be true but it aint right) and that will have more red flags on your AOS case.Please be patient and wait for the EAD .I have some concern though,How do you file AOS when you have a vawa appeal pending? I think whilest your vawa case is pending or appeal you cant marry for you are trying to AOS through that vawa case ,how do you AOS married and have a vawa case pending.Once your appeal is denied your AOS of status too will be denied most likey because the adjudicator will think you married for the sole purpose of green card.All the best.

I will wait and not take the risk of working without an EAD. I filed an AOS from a second marriage which will cancel the first or the pending VAWA petition. The pending VAWA petition is valid so long as i do not remarry which i did.

you filed for VAWA, it was denied, you appealed but at the same time has since gotten married, now you submitted an AOS application even before your appeal for the VAWA has a result, and would like to work even though your EAD has not yet arrived nor approved.

you have risked and are risking a lot of things. if i were you i wouldn't get that or any job until you get a result for your EAD.

your spouse is supposed to have the capacity to support you, what's really going on?

We had a only joint sponsor since my wife's income doesn't meet the 125% above poverty line for our household size. I've read online on here and on I360 instructions that when one gets married in a second marriage while VAWA is pending the petition will be canceled. I believe it's okay to be married in a second marriage while VAWA is pending. The only thing is that it will get cancelled because a new adjustment of status will be filed based on the new I130. The last thing i want is to complicate things for myself so i will not do the job thing. I will wait for the EAD to come - it should be about 3 months. I know other people who are doing it while out of status but I've never been out of status or I'm not sure if it's okay to work. One thing i do know is that there is a possible that interview will involve scrutiny since it's my second marriage but the fact is that as long as my marriage is in good faith all will be well. Well..., so i think What do you guys think. And oh, here is a link (Click here) about someone who seems to have a situation close to mine though there are some differences since i have never been out of status

Hi guys,

This is my very first post. I've learned a lot from on here. Thanks for all your post and the great community. Anyway, I've a question. I filed a VAWA petition from my first marriage (it was very abusive) about a year and 4 months ago. The petition was denied seven months after it was filed because I didn't have enough proof of abuse. I appealed it and I've been waiting ever since. I recently got married to my new wife after a year of courtship and filed a new AOS package even though my VAWA petition is pending. This will automatically cancel the VAWA petition. Now, the question is: I'm waiting for my EAD and I'm so broke. I've basically survived without working for a year and four months and I've ran out of $$$, completely drained and behind on bills. I need a job. I'm thinking of getting a low part-time hourly cleaning job (this will give me time to study for my IT exam am planning to take) until my EAD gets in the mail. I'm so broke, it's not even funny. I've never been out of status all my eight years of been in the U.S. Can i get this part time low job while my EAD is on it's way? I need the money guys - this is serious stuff LOL. At least i can pay small bills and take care of little things until my EAD finally arrive in the mail after which i can then go back to working with an IT company. WIll getting a small cleaning job affect my AOS application in anyway??? I need help with making a decision.

Takes for the replies in advance.