Transborderwife

AOS is only within the US. Visas are issued abroad.
Overstays as the immediate relative of a USC are ignored for AOS purposes.
 
And I'll repeat this again...this rule is from the Department of State (DOS), which issue visas. It does not apply to USCIS, which handles AOS.

And as a previous poster mentioned, this is a policy change not a change of law so nothing is likely to come of this. The fact of the matter is that if you're a true married couple you have nothing to worry about 

Just to clarify a few things...
1) This does not apply to AOS. This is a DOS rule, not USCIS. It's basically saying you can't say you're coming to the US for one reason, marry within 90 days, and then have the CO not consider if they previously lied about intent.
2) For AOS purposes, intent is still established at POE as an IR of the petitioner. Or more precisely, preconceived intent cannot be the sole factor for a denial of an AOS application in this case. This is not something a simple rule can change due to past rulings of the actual law (not policies).

The previous 'rule' wasn't binding on USCIS, nor does this one appear to be. 
 
In short, very little/nothing will change. 

From the article:
 
"But the new rule does not generally apply to citizens of 38 countries---including most of Europe and longstanding allies like Australia, New Zealand and Japan---who do not need a visa or an explicit travel, business or educational plan before coming to the United States."
 
Seems like it affects only those going through consular processing?
 
Wonder what the 38 countries are...

lol.. what is the difference?
 
One would wait till 91 days to file AOS.....

I am wondering when he filled out the Petition Papers, under " have you been married or divorced" What did he say? How did this did not come up as a red flag at USCIS? As I said, sooner or later it will come up and he will be questioned and the end is not going to be a happy ending. 

Not many people know that VJ actually stands for Visa Judgement.
 
The TOS, my bible, it should be yours, does not exclude posting ##########, where would we be it it did?

I think that it just comes down to doing things responsibly 

Bigamy is definitely an issue 

Bigamy is definitely an issue 

I know what you mean.  When I started this whole process I did as much research as possible and thanks to VJ, everything has gone fairly smoothly.  

and people ask why certain countries are considered high fraud?  smh.....

Why bother with that? The original wife is a USC.

This is the type of post that makes me wonder if the feds are lurking on these pages and posting. Good job with the brutal honesty VJers. This is a hard enough process and we don't need this type of foolishness messing up happiness for the rest of us.

question 78 of part 8 of the i485 
"do you plan to practice polygamy in the us?"
 
I think this might count even though you were not living with both.

This is fraud and it will catch up with you sooner or later..

Wow what a hot mess this is. Roll the dice man but know if you lied on your I-130 (I will bet you did) and didn't disclose the marriage you are in BIG trouble. No more working, No more legal status and deportation proceedings probably will happen swiftly. You lied to get a immigration benefit.
So when did you disclose to "new wife" you were married before? After 1st wife called or what?
Who cares your wife feels bad sending that letter can't put toothpaste back in the tube. It's to late now.
You had 2 kids and remarried and never even thought to divorce your first wife. That is mind blowing. Anyway hope your wife liked Nigeria and ready to move or live in US illegally.
 
Seek a lawyer.

what do you expect to happen if you never divorced the first wife? you do not need her permission to divorce it just takes longer.
 
you lied to immigration about being single. which is material misrepresentation which can be a lifetime ban from the us.
 
your current marriage is void.
your k1 visa should have never been issued.
your greencard should never have been issued.
your roc will be denied.
there is pretty much nothing you can do, since you lied and there is no one else to blame but your self.
 
 
 
 

First, you have a 2-year green card for being conditional permanent resident...not a visa. You must file for ROC before the 2 year expiration or else you will lose permanent residence status and will need to leave the country. This isn't a question of "should you" or not...it's a requirement.
 
That said, you committed immigration fraud by 1) obtaining/using a K-1 visa while still married, and 2) doing AOS based on that marriage when you were already married (the second marriage is not legal). All immigration benefits you obtained can be revoked at any time.
 
Time to lawyer up.

I had my suspicions but didn't wanna assume  

Well.
Your second marriage is absolutely INVALID. Means that you had never any right to the K1 visa, the conditional green card or to your RoC. Your RoC will not be approved, especially since the immigration has been notified.
 
You made a horrible mistake and most likely, will be removed from the US. Every right to the legal status was based on a fraud.
They lied in their paperwork. I bet he never stated that he was previously (or still) married.

One question, how did you manage to get married with a second person if you haven't even divorced the first? I'm surprised that you even got your K-1 and was allowed to get married. 

Agreed.
Over the years, I've been continually puzzled and dismayed by how many VJ members have seemingly been totally unaware of the K-1s' AOS requirement or who haven't budgeted for those fees.  Optimally, everyone needs to be a student of the entire immigration process and keep looking ahead -- both practically and financially -- to future steps.

I think that a deadline would be an excellent idea