MedRoni

You are not in a good place but its not the worst thing that ever happened. This can be salvaged. You made a terrible mistake but this happens more often than a lot of people are willing to admit.

Forget all the negativity you are getting here. Contact an attorney and see what your options are. I know someone that did not follow through with their initial adjustment of status once she got a decent job. Later on, she met someone else and this time, she followed through with the AOS. She wrote a letter to USCIS asking them to close off her previous case then filed an AOS and included the divorce decree with her application.

There are over 11M undocumented immigrants! Millions of other illegals. Your situation is bad but its not like anyone died and its really not the worst thing that happened:) There is still alot you can do. We all make mistakes. So keep your head up and pursue your options

AOS is a different animal than ROC. I am not saying it cannot be salvaged, but it would be highly unlikely as no ROC.

I do have first hand experience with this as someone within my family did not file the ROC in time - only about 9 months too late. Guess where he is... yep, back in his country - even with a lawyer. They didn't hesitate to tell him no way, no excuse.

HELLO. I AM THE ORIGINAL POSTER.

Forgive my lack of knowledge on how to use this site. I am apparently in the wrong topic and I Don't know if this reply will reach anyone.

In any case, I should have specified that I am not looking for a moral beating. This man and I are in a strange situation. You do not know the emotions or people involved. I was trying to state it as plainly as possible. I see now that I missed out on including some information necessary for help, but you are all simply harping on the ethics involved.

If someone can provide actual advice that does not involve the morals involved, I thank you.

No offense intended here, but realistically once you choose to go the immigration route your life - all of it, including the fact you met and married a very recently married man that already started the immigration process with another woman WILL be the governments business and you WILL be judged by the immigration officers. So I understand you are not looking for any "moral beatings" here - however when you post anywhere online about your personal life you will always get some opinions and advise. It might be wise for you to be open to some of it. You have said you are in a "strange situation" and that is correct! Strange because it is normally a moral issue for most, not because it is odd or unheard of.

Maybe we do not know about emotions involved... I know I sure don't and never will. But we are not ignorant to love. As someone said earlier - we have all been through separation of loved ones. If it is meant to be it will work out - most likely if you leave him alone to figure it all out, but if you really want to know about immigration wise, you are toying with issues while he is still married. When you answer the questions related things can be more specific. Just bear in mind with the easiest of cases immigration is still a tough process.

Yes, you met too late.

He is married. Plain and simple. He needs a divorce, obviously. Do you really think he is going to divorce her now/soon before any green card is cleared and good to go? Most likely not. Stopping his immigration now a few months in just to turn around and start again with you will not go over well.

It takes two people to create a successful relationship. (Like him and his wife) It only takes one person to make it fail. What do you think three makes?

You are correct!

Enjoy your visit when you go!

There is not a template, no. The invitation letter needs to be taken to the "Daira" (like a city/mayor type office here) here and it needs to get the official stamp. The cost is free.

Never hurts to ask!
I was told at the time - end of last year they would send them to UPS about twice a month. The option was to have it sent UPS to the home, or pick up at UPS.

Sounds like now they may be doing it once a month. Most likely due to staffing, etc. From my understanding the UPS does not go to the embassy/companies everyday for pickups like they do here. Maybe there is not enough international shipping to warrant it - I don't know.

Either way, sounds like the visa will be there soon (well, soon compared to everything else you have already been through).

My husband had the same options, however it was the option to send to your home through UPS or pick up... still at UPS. He picked his up at the UPS in Algiers..

If this is still the same she will have to wait until 5/27 regardless. If not, I hope they answer you in time to be quicker!

I am no expert and have not gone through it but an annulment (or “nullity of marriage” or “nullity of domestic partnership”) is when a court says your marriage or domestic partnership is NOT legally valid... kind of like it never took place. This would imply the marriage was never a valid marriage to get the greencard from in the first place, much less remove conditions from an invalid marriage. I would think divorce is the way to go as it is not putting the validity of the marriage to the test.

Hopefully someone that has actually been through this choice can confirm.

Best of luck either way!

They should be able to take care of you!

I had this happen to me as well. I just called the USCIS and told them I never received it. They sent out a copy and I had it in less than a week.

Best of luck!

Yugo- do you mind to keep me updated what you hear for your wife receiving the visa in-hand.

MedRoni- did UPS send notice to your husband and he went to pick it up at a facility? That's how DHL and FedEx did it whenever I sent stuff, but maybe this is different.

Thanks!

When he called UPS the first few times they told him they would call him when they received it. They were the ones to tell us the embassy only sends them over in bunches usually a few times a month as well as when they were expecting the next shipment. UPS let him know when the passport was there. He requested they call and they did.

Sounds like a good plan!

This is the first I heard of an appointment to get a visa at this embassy. They have always sent them thorugh UPS, as they do not trust local mail and have never allowed pick ups in the past.

Hopefully you hear something soon! Best of luck!

The Algerian embassy sends visas out in batches to the UPS, not individually.

I am sure yours will be out with the next batch sent. You guys can always call the UPS in Algiers to keep posted. They let us know when they heard the next embassy shipment was coming in.

The instruction forms actually have these answers for you, so you may want to review them closely so you do not miss anything.

Under the General Rules - Step 1 -Type or print legibally in black ink.

Under Step 6 - What other documents do you need - 1) Submit a completed and signed form G-235A for you and a completed and a signed form for your fiance - so one each, original signature.

Hope that helps!

If you don't get it within a month you should go into the nearest office. We had checked the option as well... it never came.

When we went into the office it showed they actually did issue the card, just we never received it for some reason.

They did tell us they had isued within days of entry - so it should not take long at all.

If you cannot get a passport because you are behind on child support you may want to think about a longer term plan for meeting your fiance. The flight/trip costs for you will be one nice chunk of change, then immigration process is another... and you will need to meet the financial support requirements. It could be difficult for her to get a visitor visa here, so maybe Skype and call for now... while looking into all the necessary requirements and steps to bring her over while working on getting the passport.

I wish you the best of luck... one step at a time~!

I would suggest he wait a little longer if the status recenty changed. If it goes 10 business days out or so from the printed date you guys might want to follow up, but I wouldn't before then. They are tough to get answers from anyway - and showing up on their doorstep without an appointment means no guarantee they will let him in to find out anything anyway.

It may have taken a few people just a few weeks to get their visas, others it takes a while. Luck of the draw...? Timing with understaffing....? Hard to say. I know it is tough waiting, but you really are in the home stretch now. When you think it has been way to long, reach out and see what they say!

Congratulations on getting to this point!

The embassy sends them to UPS in batches, not one by one - so it is very possible it is waiting to go out with the next group.

Just a bit more patience at this point. Looks like it will be there any day now!

You are right it really does sound fishy and even though they will not take our word for it I just have to say this is all the truth sounds impossible but from my heart the truth.. He did actually save some of the international calling cards that he used to call me, but will that prove much? *sigh*.. He's always saved our receipts from supermarket, movies, restaurants etc but as I stated before we did not think this thing through.. We did have loads and I mean loads of email conversations that would have been great evidence and since hes been calling me every other night since 2009 if he didn't use calling cards that would have been great evidence also.. We had intended for him to come for the interview but what I'll do is suggest (as u suggested) that he come here now and stay till interview. He was just here in February though and before that it was November.. Thanks much for your input, much appreciated.

I know he was recently here, but unfortunately because you were not aware of what was important to keep or have for immigration he may now have to "pay the price" of a ticket sooner then he would have liked. This should be one of the most important things in your lives. Show it to the CO by doing what you can now. Yes, you will need to be honest and tell them you don't have a lot of the proof and why, but it may look better if you can also say "He has spent the last few months with me here for support and getting to know my family better"... Just my two cents

As someone mentioned before, your red flags keep increasing the more often you post... think about it from a CO point of view:

No pictures - "because I don't like having my picture taken"

No emails - " I deleted them all, I didn't think about them being important. My husband deleted them all too"

No phone records - "He uses a calling card so no records"

No hotel receipts, or any receipts of doing things together - "He stays with me and we just didn't think to keep receipts"

Etc.... the excuses will most sound fishy.

With the almost 50 year age gap you will most likely have a huge uphill battle. The only suggestion I can think of at this point is, since he is retired have him visit now, and stay through the interview. If they allow him in the embassy - take him with you! If they do not allow him in at least you will have had a few more months face to face, hopefully some pictures with the family by then, etc. At this point every bit will help.

Best of luck!

We are matured, and we are wanting this, we DNT and ARENT looking for what answers WE WANT, we want HONEST answers as we have been running around with different answers to the same questions for a bit...

we just want to be together without having to leave to go home like we've done, we just wanna be able to do that

Honest answer... under 18 - you cannot legally sign the I-130 and support documentation.

Second honesty... when you marry in the US, the husband will have to return for some period to complete the CR1/immigration process. There is no way around this. If you come here with the intent to marry and stay this is immigration fraud. You can come to visit, marry and stay the length of your visa but you will still need to go back for a while.

how do i check my status with the state department?

You can check online here:

CEAC

Or call them at 202-663-1225

Choose option 1

Then 0 for live operator

Have you checked your status with the state department to see if he was put in AP?

Aside from that, the Algerian embassy has been a bit behind for several months now. It took my husband about a month to get his visa printed and sent back out. I would not worry, just check on the status to make sure it is where you think it is.

Thank you so much for the heads up about the police clearance!! Definitely hoping to avoid any further delays.. ..still, I'll exhale only when the visa is in hand LOL

COMPLETELY understandable!

He will be here before you know it now, inshallah!!

Make sure he submits a current police record and translated copy of it as well. The embassy requested my husbands passport (that was all at the time), then three weeks later they had to call and tell us they needed a current copy of the police record before they could print the visa. The Algerian police records expire after 3 months. Better to be safe than another possible delay!

Congratulations by the way!