makidesuu

And she also told me that since I reported a fraudulent activity and have proof of that reporting to her (emails and such), I can claim my losses on my 2009 tax filing as theft by fraud. She's been extremely helpful. USCIS kicked me to the curb and said just forget about it and move on.

At least you got the tax benefit! good for you~!

I just wonder what she wanted to do. What she did does not make any sense..

I think a person who came to the U.S with K-1 visa can only adjust her status with her original husband.

Therefore, the guy who called you and asked to get divorce with her won't be able to adjust her status.

She has to go back to philipin to clear her status before come back here to marry to new boyfriend; however, it would be a little hard for her since she has already applied for K-1 before.

Her AOS will be canceled soon since there is no pettioner.. She will be asked to leave the U.S within 3 month or so voluntarily. I think her record will remain clear since her AOS was never processed.

Hi all,

After all, I decided to send I751 waiver after the denial of new I485 under my current husband and my conditional resident status got extended for 1 year.

So, now I am no longer out of status ;-)

If you are in the similar situation (got divorced and remarried before GC is expired), I strongly recommend that you will file for I751waiver, not new I475 & I130 under new spouse. If you file new I485 & I130, you will become out of status for a long time and not sure how long. If you file I751 waiver, you can secure your status until they make a final decision, so you can work and travel.

I will update my info if something new comes up.

makidesuu

I may be in the same situation as you in the future. I am waiting for my divorce decree - who knows how long but I plan on remarrying afterwards and do not intend to apply to remove conditions this coming March since the decree is still pending with my ex-husband. As well, my GC will expire this June. I am just going to return back to Canada and let my card expire with no intentions to waiver it.

When I remarry I will do the same and reapply everything all over again but will probably come across the denial of the affidavit due to a pre-existing one from my ex husband. So please, what is the best way to go about this? Please give me some insight into this.

Thank You!

sorry It took a long time to reply. I was going to updated after everything was finished.

After all, my lawyer suggested that we file for I751 waiver as a late filing and we have not heard anything yet. My lawyer told me not to worry even if we would happen to receive GC or submission of new I485 in front of judge. I assume if my I751 is denied, it will automatically put me deportation order list and I will have to go see the judge to clear things up.

I talked with 5 different lawyers regarding my case before decided to do with my current lawyer.

It was very interesting to see their different opinion and price range.

Lawyer A: Disregard I751 completely. File for motion to reopen for denied new I485. ----- $3000

Lawyer B: Disregard I751. Go Infopass together to see what is going on with my current I485 and ask why it still exists. Then, submit new I485.----- $1500

Lawyer C: Dis regard I751. Go infopass to withdraw my current I485 completely, then submit new I485. She said we will receive GC either at immigration office or in front of judge. --- $4500

Lawyer D: File I751 waiver as a late file. ---- $5000 If we go immigration judge ---- $5000

Lawyer F: File I751 waiver as a late file. ----- $3000

My current lawyer: File I751 waiver as a late file. --- free

I will update this again if receive something from them.

go to justanswer.com, sign up, copy and paste your question on VJ and ask an immigration lawyer. You pay $15 if you are satisfied with the answer. They usually answer in 3 to 5 mins.

Thank you very much for this info! It looks my issue was not that easy. It took them 23 hours to answer lol lol but I satisfied with the answer!

What sort of "cancellation letter" did you send, and to whom? Usually, if an alien wishes to relinquish permanent residency (in your case it wasn't necessary, but that's water under the bridge) they have to do it formally with a form "abandoning" the status. In the event that you did not do that, you could try to remove "conditions" on your current status with an I-751. When you filed the second I-485, did you submit another Affidavit of Support? f you did I am surprised it ws not returned to you, since your former husband's would still be in effect.

The request letter simply said that pls cancel my current GC process since we have already submitted new I130&I485 through new marriage with the Alien number. I was surprised when the officer told me that my GC was still active even 5 months after the expiration date. However, when I read the denial letter for the new I485, it stated that her current I485 still exist on and around X/X/08 which means that immigration just checked my record as soon as receive my application which was 5 months before GC expiration date. I think the immigration quickly made an decision of denial even before my actual interview date. So, I assume if the officer kindly checked my record around my interview date, they could find that GC had been expired.

As for I751, I heard that I was supposed to send it after my divorce got finalized and before remarried. I am not sure if this is true or not. My lawyer didn't tell me this. He just tell me that I can send it 90 days before the expiration date.

I am not sure what is Affidavit of Support, but my husband filled out the paper as a sponcer with proof of income.

I talked with one lawyer I found on website today and she said my new I485 should not have denied because my GC was actually beyond the expiration date (was expired). At this moment, they are not going to work for my case since my new I485 case was closed already. They simply put my file in the stack. She suggested we should request for motion of file? reopen my closed (new I485) case. I will see 2 more lawyers tomorrow.

I still don't know what is the benefit to have approved I130 in my situation? The officer sounded like a this worth something, but I think this is just a piece of paper without approved I485.

I think I have to be very careful when use the word of "abandoning" the status. Cancel my current GC process sounds more accurate in my case. I saw the word in their denial paper as a key word to get removed.

Thank you very much for your opinions.

At this moment, it seems I am not trying to adjust anything instead canceling the current status.

In real, I tried to cancel the old I485 to adjust my status with new I485, which was not the right process.

I will talk with my lawyer sometime next week to consider sending I-751 for them to process my case since I cannot do any further action without

their decision. I need a answer either accept or denied from them regarding the current I-485, so that I can at least make a action. Otherwise, it seems I will have to wait

until someone kindly decide to mail me on my case in 5 years or more years?

I don't think I have any status now at the moment. The immigration officer told me not to go outside the U.S since I might not able to come back since he cannot give me the

stamp on my passport due to my request of cancellation. He said I can stay in the U.S legally due to the approved I-130 and I can work with EAD.

The assistant of the lawyer explained to me that either way would take a long time to receive letter from them. I am not sure how long it usually takes for the process to

finalize GC from temporary GC, but my case will take that much long to receive any notice from them.

I really need your advice here.

We divorced 1 year after received my conditional GC.

After that, I met my current husband and remarried.

Then, I sent a cancellation letter for my conditional GC and filed for new I-130 and I-485 at the same time.

We received interview information for new I-485, I-130 from immigration and went there.

The officer said to us that he can only approve I-130 and cannot approve I-485 because my old I-485 still exists and it had not been canceled yet.

He also said he does not know how long it will take for them to cancel my current I-485 since this immigration office is not doing that work, so I will have to

wait until they send the cancellation notice for current I-485, then I can apply the new one.

I had talked with an immigration lawyer before canceled my I-485 and he said I can either file for I-751 or file for new I-485. That is why I decided to apply new one.

However, his assistant told me yesterday that it might confuse immigration people for the process since people usually will send I-751. She was afraid that it might not

process forever since the immigration is not obligated to cancel it for me and they are not going to do something outside regulations.

At this point, I don't know what I should do to make it clear.

1. Should I submit I-751 even if my unconditional GC has already been expired? That might help immigration to process my case.

2. Should I just wait until receive any letter from immigration?

3. Is there any other ideas?

I will appreciate your any advice.

Thank you.

Makidesuu,

You know what they say about "assuming"???

yes I could kinda assume this :-) :-)

Change on AR11 won't reflects the change for your document at immigration office. You will need to call your local immigration office where your documentation is kept to change your address. Then you will receive an confirmation letter from them at your new address. Good luck.

That depends on whether the alien has any pending petitions or not, or whether the alien is subject to Special Registration or not.

I asume he is going to file for I-751 and I-751 will be sent to the same office where his I-485 is filed. I know he does not have pending case at this time, but once he submit I-751, it will go back to his file which is under his old address. It won't harm to let them know his new address to avoid any underliver service trouble in the future.

If he will move again before submitting I-751, then he should not call immigration for the change now.

Change on AR11 won't reflects the change for your document at immigration office. You will need to call your local immigration office where your documentation is kept to change your address. Then you will receive an confirmation letter from them at your new address. Good luck.

That depends on whether the alien has any pending petitions or not, or whether the alien is subject to Special Registration or not.

I asume he is going to file for I-751 and I-751 will be sent to the same office where his I-485 is filed. I know he does not have pending case at this time, but once he submit I-751, it will go back to his file which is under his old address. It won't harm to let them know his new address to avoid any underliver service trouble in the future.

Change on AR11 won't reflects the change for your document at immigration office. You will need to call your local immigration office where your documentation is kept to change your address. Then you will receive an confirmation letter from them at your new address. Good luck.

That depends on whether the alien has any pending petitions or not, or whether the alien is subject to Special Registration or not.

I asume he is going to file for I751 and I751 will be sent to the same office where his I-485 is filed. I know he has not pending case at this time, it won't be harm to let them know his new address to avoid any underliver service trouble in the future.

the immigration says that to prove that the marriage was entered in a good faith you have to be married 2 years ,

Where do you find the 2 year marriage rule???

Change on AR11 won't reflects the change for your document at immigration office. You will need to call your local immigration office where your documentation is kept to change your address. Then you will receive an confirmation letter from them at your new address. Good luck.

Sorry one more question. I read the section for K-3 and CR-1 visa and CR-1 visa is recommended to apply in case k-3 visa will take long. Should he apply for both just in case??

Thank you very much for quick reply!! I will call him now!

Hi all, I need your help for my friend. He is a USC and married to a canadian lady here in U.S. Then she went back to canada to finish her school before adjusting her status in the U.S. Today he asked me if his wife can adjust her status when she comes back here in the U.S as a tourist next week.

To my understanding, if she is a wife already, she won't be able to come back here as a tourist to adjust her status and she will need to apply K-3 or K-4? Is there any way she can come back and adjust her status here in the U.S??

iam CGC holder and iam getting divorced ,my question is if iam denied can i marry another USC to stay here?

If your question was " can I remarry another USC", I will say you can remarry and ajust your status under the new USC. There is no law that prohibit you from getting remarried here.

If your question was "can I remary another USC after getting denied I-751", I will say you can remarry but it might not be easy to convince immigration about the regitimacy of your second marriage. It looks like you remarry to avoid deportation order from denied I-751. If you have someone you love now and talking about marriage in the future, you should remarry before applying I751 by yourself. Good luck.

oh u mean to start the divorce but not tell the immigration? my wife doesnt want to pull out the petition or anything like that, she's fully cooperative, but she simply wants saparation (divorce).

You don't have to tell them you are getting divorce. You will either withdraw your I475 ( if you don't receive conditional GC) or apply I751 by yourself (if you receive conditional GC) after your divorce gets final with the I751, you can attach the letter from your wife stating that your marriage was real. Yes. you should renew your EAD to move them forward to process your file. good luck.

You said your 2nd interview was 6 months ago and still waiting for their answer, so I think your EAD will be expired less than 6 months. I suggest you submit an application to renew EAD, that will make them to put up your document to review. In my case, immigration updated my case which was slept on their desk for 6 months.

Also, you have still time to receive Conditional GC before your divorce gets finalized. Once you received Conditional GC, you can adjust under I751. Good luck!

Hello. I have a question(s) regarding marriage to a woman who is here on a I-129F. She is going to be filing for a divorce from her husband, hopefully it will be done in 2-3 weeks (they both agree). I meet this woman a few months ago and and over the course of this time we have both fallen in love with each other.

Here is her time line:

Came here and married July 2005 I-129F

Has to file I-751 in December 2007

Her divorce should be final March-April 2007

Can we get married after her divorce and file her 751 jointly or does she need to file a self petition check "D" on the 751. She met with a divorce lawyer today and he told her she can't remarry till after she files the 751. Does any one have any experience with this. Sorry if this has been asked before, I did a search and after hours gave up as I could not find what I was looking for.

My friend divorced before 751 and remarried. She sent a new I-485 I-130 under her new husband along with request letter to withdraw her I130 and I485. She did not file for I751. She had her GC under her new husband.

Why would she do that?

She could do I751 but didn't. Her lawyer said to her there was 60%chance for her I751 to get denied due to her short period of marriage and her new marriage right after the divorce and she would have to reapply for I485, I130 again later. So she simply did the whole process again with her new husband.

Hello. I have a question(s) regarding marriage to a woman who is here on a I-129F. She is going to be filing for a divorce from her husband, hopefully it will be done in 2-3 weeks (they both agree). I meet this woman a few months ago and and over the course of this time we have both fallen in love with each other.

Here is her time line:

Came here and married July 2005 I-129F

Has to file I-751 in December 2007

Her divorce should be final March-April 2007

Can we get married after her divorce and file her 751 jointly or does she need to file a self petition check "D" on the 751. She met with a divorce lawyer today and he told her she can't remarry till after she files the 751. Does any one have any experience with this. Sorry if this has been asked before, I did a search and after hours gave up as I could not find what I was looking for.

My friend divorced before 751 and remarried. She sent a new I-485 I-130 under her new husband along with request letter to withdraw her I130 and I485. She did not file for I751. She had her GC under her new husband.

Thank you very much for all the reply! I received many replies and also checked court's website. In my divorce case, I will have to go back to the court after 6 months. Then submit -820 document if out mind is not changed. After that they will send me the 820 with judge signature which will be my divorce decree. This process will take another 4 weeks or so.

I changed my address twice in a year...!

When we sent our application for the first time, we put an wrong street number by mistake and we did not notice the mistake until our lawyer told us about finger print appointment.

Our lawyer changed our address on AR11, but he didn't call local office at the same time, which means they remained my wrong address. After that I never received any additional information from immigration and found something was wrong after checking my status on the webiste. Then I finally called local office to change our address. This mess delayed my process almost 3 months.

When we moved to different place, I filled out AR11 on line and called local office at the same time. The local office said to me I don't have to send mail to notify them. 4 days after the call, I received 3 same letters about confirmation of address change. It was quick!

If you are looking to file a K-1 be absolutely certain that you are legally free to marry "At the time the petition was filed"! I can quote the Foreign Services Manual which is the "bible" of the Foreign Services Officer/Consular Officer if need be on this. It specifically states that if they find out you or your fiance(ee) were not (like not adhering to your laws in your state of residence) able to marry, they SHALL (meaning they have no choice) deny the Visa and return the petition back to the states. Guess what? you get to start all over and add the image of a denied K-1 to your new process.

I would imagine there have been a few that have slipped through this way, but from my perspective it was not worth it. It has been a long 5 months of waiting so far, I'll get to file next month.

Did you file for joint petition for summary dissolution of marriage? I heard that you will need to go back to the court after 6 month to submit FL-820. Then you will need to wait for them to return the form with their signature. I don`t know if this FL-820 will be the divorce decree? ?