GB55

It is a sticky situation but there is something he can do.
First of all, he should file a complaint with the USCIS for he entered in good faith in what turned out to be a fraudulent situation. His ex-wife is liable for she is the one who filed the initial paperwork, even though they were already married. As the US citizen, she is the one who initiated the fraud. Add extortion and mistreatment to the basked and he may have a good case against her and take her to court.
IMHO it would behoove you to speak to a lawyer who can advise you what his status is in the eyes of the USCIS in regards to his marriage. A lawyer can advise you if the divorce he obtained here in the US invalidates their marriage in their home country as well or it may turn out that the marriage contracted here in the US should be deemed null as a result of the previous marriage. If that should be the case, he should consider seeking nullification of his US marriage, and returning to his home country to obtain a divorce there. That is a requirement if he had any plans of marrying you at some point.
In the event his divorce here clears him from his previous marriage to her, you can marry him here, else he needs to go back home and get that marriage dissolved. Once that is done and he is free to marry again, you can marry in his home country. After you're married you can file for his CR/IR which will include the filing of a waiver for the ban to which he is subjected as a result of his overstay. For spouses, the waiver is almost a formality and provided he does not have criminal record in the US, his crime being none other than overstaying, the waiver should be granted, for separation of couples is deemed as a hardship, for obvious reasons. It is uncommon that a waiver be denied to a spouse with a clean police record. I don't think he can resolve his situation without leaving the US to re-enter as a legal immigrant, but there may be something in his particular predicament that might be brought before a court in the form of an appeal. You know lawyers, they sometimes pull rabbits out of their hats. However, if he has to leave, his case is better served by his leaving on his own volition than under formal deportation proceedings by the USCIS.
I don't think there is one simple straight answer to his situation and I would definitely begin by talking to an immigration lawyer. It may seem daunting with so many variable, but if you work out an action plan and tackle one goal at a time, there is no reason for you not to be optimistic and pursue a life together.
I wish you well and good luck in your endeavor!

I was in a Adult Singles Sunday School class one day and the teacher said Homosexuality was a threat to marriage in this country. I asked all divorced people in the room to stand up.(90%). Then I asked all people that had a homosexual break up their marriage to remain standing. All sat down. The highest divorce rates in the country are among people who identify themselves as Christians. Logic would dictate that Christianity is more of a threat to marriage than homosexuality.

Somehow, after only a 43 day wait following my NOA1 (and I don't qualify for any expediting processes), my I-129F was approved last night!
Keep up your spirits because CSC seems to be moving really fast these days!
:dance: :dance: :dance: :dance:

Somehow, after only a 43 day wait following my NOA1 (and I don't qualify for any expediting processes), my I-129F was approved last night!
Keep up your spirits because CSC seems to be moving really fast these days!
:dance: :dance: :dance: :dance:

Somehow, after only a 43 day wait following my NOA1 (and I don't qualify for any expediting processes), my I-129F was approved last night!
Keep up your spirits because CSC seems to be moving really fast these days!
:dance: :dance: :dance: :dance:

Somehow, after only a 43 day wait following my NOA1 (and I don't qualify for any expediting processes), my I-129F was approved last night!
Keep up your spirits because CSC seems to be moving really fast these days!
:dance: :dance: :dance: :dance:

Somehow, after only a 43 day wait following my NOA1 (and I don't qualify for any expediting processes), my I-129F was approved last night!
Keep up your spirits because CSC seems to be moving really fast these days!
:dance: :dance: :dance: :dance:

Somehow, after only a 43 day wait following my NOA1 (and I don't qualify for any expediting processes), my I-129F was approved last night!
Keep up your spirits because CSC seems to be moving really fast these days!
:dance: :dance: :dance: :dance:

Somehow, after only a 43 day wait following my NOA1 (and I don't qualify for any expediting processes), my I-129F was approved last night!
Keep up your spirits because CSC seems to be moving really fast these days!
:dance: :dance: :dance: :dance:

Somehow, after only a 43 day wait following my NOA1 (and I don't qualify for any expediting processes), my I-129F was approved last night!
Keep up your spirits because CSC seems to be moving really fast these days!
:dance: :dance: :dance: :dance:

Hi Jack,
If I were you, I could consult the form N-400, which is the application for naturalization. On this application, on page 5, you will find a Naturalization Eligibility Worksheet which you can go through to determine if you are eligible for naturalization or not. My link
A few questions here:

Are your parents LPRs as well? If so, were you listed as a dependent on their taxes for all the years you were attending university overseas?
How old were you when you attended university?
Were you still on your parents' insurance while overseas? (Car, Health, Etc)
Have you ever filled your US taxes as a Non-Resident? (This one is very important because if you have done so, you automatically declared that you were foregoing residency in the USA)
On your USA taxes, where did you list your permanent residency?

I ask these questions because I, like you, went to university in another country while on a greencard. I didn't know the rules either but became a citizen earlier this year. If you were listed as a dependent on your parents' taxes, always filled your taxes as a resident, and always listed your permanent residency as within the USA, you might have a chance. A lot of students go to other countries for University and extended periods of stay outside the country may be forgiven depending on the IO.
So, let's go one by one with the requirements for naturalization on the 5th page of the worksheet:
1. I am at least 18 years old. Since you went to university, I'm going to assume you are over 18.
2. I am a Permanent Resident of the United States, and I have been issued a Permanent Resident Card (formerly called Alien Registration Card). True
3. I have been a Permanent Resident for 5 years or more. True
4. During the last five years, I have not been out of the United States for 30 months or more. I added up all the days you spent outside the US since 2007 and divided it by 30 and you are at 27 months outside the US. You should provide proof of the items I mentioned above, however, to state that you were in school (school transcripts, diploma) and that you maintained permanent residency here during that time. The weight is on you to prove you didn't intend to break the residency requirements. Personally, I was outside the US for a total of 29 months out of the 5 years and was still able to receive my citizenship because I proved those things.
5. During the last five years (or the last three years if I qualify under Attachment A),I have not taken a trip out of the United States that lasted one year or more. You seem to satisfy this requirement
6 . I have resided in the district or state in which I am applying for citizenship for the last three months. True since you've been there for 2 years, unless you recently moved to another state within the past 3 months.
And the rest is very basic. From my point of view, as long as you have sufficient proof of these things, you should be fine and can apply for naturalization.
Good luck!

Im in my garage building a delorean right now as we speak. Too bad I live in a 20mph residential area...

The only time he won't be allowed to travel is right after his Oath Ceremony due to the fact that he will have to give up his green card to receive his naturalization certificate. Until he receives a US Passport, if he leaves the country, he will not be allowed to return.
If need be, the passport can be expedited though. I went to Chicago the day after my Oath Ceremony with my naturalization certificate in hand and was able to receive my passport that same day (at an additional cost for expediting, of course).
So just make sure you apply for his passport right after his ceremony and you should be fine!

The only time he won't be allowed to travel is right after his Oath Ceremony due to the fact that he will have to give up his green card to receive his naturalization certificate. Until he receives a US Passport, if he leaves the country, he will not be allowed to return.
If need be, the passport can be expedited though. I went to Chicago the day after my Oath Ceremony with my naturalization certificate in hand and was able to receive my passport that same day (at an additional cost for expediting, of course).
So just make sure you apply for his passport right after his ceremony and you should be fine!

Although I believe the Kathryn is being PC with this subject and the OP, I dont believe that the issue lies within his poor English. I think the problem that were having, as the users of this site who make it what it is, full of knowledge and understanding, is that the OP has so many threads started with alot of different scenarios. So we, the users, have no clue what it is hes really looking for.
Yesterday was alot about being asked at an interview if hes had sex with his fiance.
Then it was posts about how they married in a church.
Then its about deportation.
And everything in between.
So please Kathryn, dont berate us, the users of this site, for calling a spade a spade. No one knows where in the process he really is, because he flips from fiance and K1 to already being married. When I first got here, I read, and read and read. Ive seen alot ( and I dont agree with this ) where a new user will ask a question and someone will link the guide lines. I do believe that we have a responsibility to the new people to aide them as much as we can, just like we once were, however, its very difficult for us to do it, when we dont know that situation and cant get a direct question without some random one coming up to threads later.
Most questions that we get from new users are in reference to forms, how to help with filling them out, these are the honest questions and they deserve honest answers. But to ask us, who dont know him, what he should say to a CO about having had sex with his finace, when we dont know if its a fiance or a wife, nor does it sound like theres a petition even sent . . . how are we supposed to answer that ? I call troll, alot of us have, and Kathryn, dont look at it like were the bad people who are belittling or not respecting the OP, look at like this guy isnt respecting our site by ( what I view as ) looking for ways to get into the USA and stay without fulfilling the K1 ... and this goes back to the ... if shes his wife, there is no K1 for him, and I would hope hes had sex with her .. like married loving couples do.

Aram22, I will try to make this as respectful as I can.
From your other posts, I can gather that you are:
1. Married
2. Applying for a K-1 visa.
3. Worried about being deported from the US if your fiance/wife leaves you once you enter the US.
There are a couple of things here that you can and will be deported for.
1. You will be either denied a visa, or deported for applying for a K-1 if you are in fact married. The consulate/USCIS does not care if you were married in a church, mosque, synagogue or city hall. If you are married, you are married, period. And you should not be applying for K-1. If you get a K-1 visa, and they find out you are actually married, you will be deported and most likely banned from entering the US for 10+ years, possibly for life.
2. If you aren't actually married, and you do enter on a K-1 visa, and your fiancee leaves you before you get married, then yes, you will be out of status 90 days after you entered. This means that if you don't get married within 90 days of entering, you will not be allowed to stay.
If you do get married within 90 days, you have to adjust status (AOS). This takes about 5 months. If you get married, and you don't adjust status, and your wife leaves you. You will be out of status, and you will not be allowed to stay.
If you get married, adjust status and receive your conditional green card, you will still have to file for removal of conditions in 2 years (-90 days). If you get divorced before the 2 years, you can still file for removal of conditions, but you may have to prove that the marriage was entered into in good faith. This means you'll have to prove that the marriage was not just for you to get into the US. If they have reason to suspect that your marriage was fake, you will be deported.
If your marriage was real, and you successfully remove conditions after divorce, you'll get a 10 year green.
I hope this helps. The vast majority of posters here are in real, loving relationships/marriages and it is a huge insult to all of us when people try to fake their way to a green card by faking a marriage. Understand that the reason for the waits being so long are largely due to the fact that many people try to get married to an American, just to come to the US. When you post topics and posts that sound like you're trying to commit fraud, you will receive zero respect and help from this forum (and hopefully the USCIS/consulate too).
No they shouldn't. Permanent residency in the US is not some sort of prize or award given to foreigners who "manage" to marry an American. It's a courtesy to allow American citizens to marry whoever they want, and live with them in America. I think you have misunderstood the immigration system.

You seem to just want a way into the US. You are putting more emphasis on that than on your actual relationship.

It depends on when you apply for it. The process itself could take about 5 months give or take.
You cannot understand an immigration process by asking random questions on WHAT IF? So, if your English is not enough to understand the guides, you should have someone read them to you. Have your fiancee come to the forum and we'll answer her questions, because at this point, it does sound as if you are speculating to commit fraud.

I hate to sound judgmental, but from the sounds of the post it seems like you are planning to split up once you get to the US and just trying to figure out how long you have to hold out. Don't focus on the negative. If you love her and she loves you, you should be focusing on keeping it that way.

This is your 4th thread in about two days. I suggest reading the guides, since you don't know the basic process of K1 visas or Adjustment of Status (AOS).
Just yesterday you were talking about how you had an interview at the embassy next week.

I hope someone can answer your question about how legal it is to ask such papers... but I don´t think you overreacted at all. I would have been very insulted by this as well. The country where I come from I am not used been doubted about everything like I often feel over here. Unfortunately quite often in Us I feel like I´m treated as a criminal even when I have not done anything, or that I first have to prove that I´m not a criminal before I get treated well. The culture is just different.

venting that there's no timbits in here!

There seems to be persistent confusion regarding the correct K-1 Fiance(e) visa fee amounts and the payees. Hopefully this will be helpful to couples embarking on their visa journey.
The Form I-129F petition filing fee is USD$340, payable to the U.S. Department of Homeland Security, to be remitted by check or money order, with the completed petition at submission to the USCIS.
The K-1 visa processing fee is USD$240, payable to the U.S. Department of State, to be remitted in the manner prescribed by the interviewing consulate/embassy during the visa interview process.
The terms are very similar and can be confusing which can lead to mistakes that can result in all manner of resultant problems, including rejection of petitions. Please carefully read the printed instructions. This is not intended to describe the rest the of fees that are associated with the Non-immigrant K-1 Fiance(e) visa program. Ah, government bureaucracies!!!!
Good luck on your visa journey.