harley2936

Thank you....I will do that today. Man, this has been such a mess. I can't wait to start over and do it the right way from the get go.

Ok I understand the relationships now. It is kinda messy.

My suggestion is this:

- Tell him to make an InfoPass app. @ the Local Office ASAP

- He will tell IO to withdraw I-485 due to divorce. That is the end of it.

Then you can start fresh I-130 & I-485 together after marriage of course.

GOOD LUCK !.....

Yes it is a messy one. ugh! Thank you so much for your time in reading my story. We are moving to Washington after this divorce is final and it is literally 10 miles from the border of Canada. I am almost thinking that we should just move there and start this thing all over new and fresh in a year or two. Right now we have our lawyer doing the withdrawal.....he said he was going to wait till closer to the date of the interview and file a G-28. Do you think we are better off doing the infopass ourselves sooner? Again thank you .

yes you are correct. he came over in sault ste. marie, and 11 years ago there was no inspection requirement. So he entered uninspected and they got married and than filed the I130....and that was it until 12-08.

Haole means you guys got married in Canada let's say & applied for CR-1 from Canada.

Your husband stayed in Canada until his I-130 was approved. He went through the embassy interview &

got the Immigrant Visa & came to US with that CR-1 Visa then he can get GC but I don't think it happened like that.

Also please answer my questions in the post below. Thanx...

i was just working on the answer....sorry I didn't reply right away. I am usually up till all hours of the night....last night i crashed at 8:30.

response sent. thank you

This is the situation.....

- he came over uninspected 11 years ago after meeting his (soon to be ex) on line.....

- they married

- she filed the I 130

- after the I 130 was received, she said that is all that he needed to stay here.

- after being married for 10 years they seperated

- yes he worked and paid taxes for the 11 years being here

- we met and i informed him that he needed to file paperwork

- than she said she would file his immigration papers for him if he gave her everything in the divorce and money

- I told him not to but he agreed to her terms and they filed

- after everything is done and the interview is left to do, she won't show for it and we have to start all over.

- we plan on marrying and starting the process over after the June 3rd divorce date.

- that is why i wanted to know if there was a form to fill out to withdraw the I-485

- with talking with our lawyer, he said that the case will just be pulled

- and we will hopefully have the time to start the process for us

If you come on a I-130 [CR-1] you get a GC in the mail shortly after entry.

Haole, do you mean he gets assigned a visa number? Or if you do mean a GC, do you know of a way that I could find out if there was one sent?

Well, I guess that is confusing for me. Yes he is here on a I-130...but that doesn't automatically give him a GC. He still has to file a I485.....right.

Well, I guess that is confusing for me. Yes he is here on a I-130...but that doesn't automatically give him a GC. He still has to file a I485.....right.

And if he should already have a GC, wouldn't he have gotten something in regards to this?

Yes I know he should be.....but as usual he is pretty crappy. I am in the midst of hiring a new attorney. Hopefully this one will be able to answer my questions on a timely matter. Thank you

Thank you for the information.....just got off the phone with my lawyer and he is going to send one out right before the interview date. Do you know if they will put him deportation status even if he withdrawals his I485?

Does anyone know if there is a form that is available for withdrawing a I-485?

I don't know of a paticular form, but I have seen the people advise to send a certified letter explaining all the details with copies of I485 to USCIS.

That I will do....thank you. Is it okay for the beneficary to cancel....or does the petitioner?

US Citizen can file to withdraw the I-130 petition, this will get the I-485 canceled.

Your timeline shows 1998? as when I-130 filed.

Yes that is when the I-130 was filed.....is the US citizen the only one that can do the withdrawal or could the lawyer do it?

sorry to hear that you have to withdraw.

After talking to a different lawyer today, we decided that it is better to withdraw than to be put into deportation status. That way we will have more time alloted to us as far as moving to Washington and getting married. Than start the whole process over based on our I-130. Thank you for your response.

Dear Lord. This is NOT your friend, this is the guy you want to marry. Sheesh - why on earth would you post two topics and be dishonest in this one??? Come one.

WELL LEN........the posting has my ID on it.......so how am I being dishonest.....not hiding my identity.......and he is still married......so he is not my financee......and he is my friend.......my best friend...............so if you don't have anything nice to say, please do not reply to my questions. Really have to need for your bull.

Does anyone know if there is a form that is available for withdrawing a I-485?

Well I guess I am going to go with all the Lawyer is telling me and we will have to hope for the best. Maybe when he goes to his interview they will see he has been working, living, pay taxes, for the past 11 years, and they will see that the previous marriage was not of convenience, and maybe........just maybe grant his GC. I know, I know......it is my dream and I can hope all I want. HEEEEEEHEEEEEE

Has anyone ever been through the deportation process? How long would we have from the interview, if they decide he can't get his GC, to when the deport hearing and process begin?

Believe me, I have been basically investagating this for over 6 months, since the divorce was filed. I understand that the Wisconsin law says we can not get remarried here in Wisconsin for 6 months. But I have spoke to my divorce lawyer here in Wisconsin and he says that law is if some one wants to get married here in Wisconsin. He said if we are moving to Washington, we can go to Michigan or Vegas and get married because as of July we will be residing in Washington, and Washington does not have a waiting period at all. I also contacted multiple lawyers in Washington and they all said the same. That there law is that there is not a waiting period to remarry if we reside in that state.

Okay, so this is what our plan is with all the information that we have gathered from the lawyers and from this site. His divorce is final on June 3rd, the AOS interview is on June 10th. We are currently living in Wisconsin but are moving to Washington in July. We plan on marrying in the week between the AOS interview and the final divorce date. With everything agreed upon in the divorce...June 10th the divorce decree will be signed and given to us. This is what the court house has told us. And with all the info that we have gathered...it is better to be married when he goes into the interview than to marry when he (mostly likely happen after interview) he will be in deportation status. He was thinking of applying for his AOS on his own, but the only abuse during his marriage was mental....when she was telling him that if he didn't give her his checks, (this was after he left) that she would report him and have him deported. And there is no tracable evidence of that except for all the bank statements and check stubs. ugh. So at this point we will be going with what seems to be the only option and that is to get married before the deportation status is in effect. I appreciate everyones input.

That is what I have been told. It has been over the 120 days after filing and the final is June 3rd. And both Wisconsin and Washington lawyers told me that it is the state that you reside in that the waiting or no waiting period effects. Thank you for your info

Thank you for the info....I appreciate it. But like I said we are getting married in Washington and they do not have a waiting period, and it is the state in which you reside that the marriage is valid. We are moving and will be residing in Washington.....which the divorce lawyers say that is the law we would go by. hmmmmm confused again.

My friend is currently in the last step of getting his AOS....the interview. But he is getting a divorce and it will be final on June 3 and his interview is on June 10. What would be the proper steps of canceling this AOS and petitioning for himself. Has anyone done this and if so, HELP.

We are not going to be staying in Wisconsin, we are going to be moving to Washington....and Washington does not have a waiting period. I have talked to my divorce lawyer and a divorce lawyer in Washington....and it is the state that you reside in that matters as far as if you can marry. Most states do not have a waiting period, and unfortunately for us WI does. I got a divorce over 5 years ago in WI and I got my decree right there in court that day signed by the judge.

get a life

If he came on a K1 as a Finacee he would have been legal for 90 days.

If he came on a K3 as a spouse he would have been legal for 2 years

If he has been here 10 years then he has ben out of status for at least 8 years.

In the circumstances he cannot adjust through a soon to be ex wife, unless they lied.

she keeps saying he came on an I-130...did they have the same purpose 10 years ago? meaning he would've gotten a green card?

Almost 12 years ago when he came into the US, you did need anything to cross the border. They got married and than filed the I-130 and it was approved. They filed the I485 in Dec of 08 and the work permit and travel document were approved and received and than she filed for divorce. The lawyer keeps telling us that the interviewer may still give him a GC because of the fact that they were married for 11 years. I am just trying to see if anyone else out there has ever encountered such a dilema.

1. Why are you posting, it is his problem.

2. Get a new lawyer.

3. He has been here illegally for 10+ y ears, why the big deal now?

Like I said, I am looking for someone that may have some helpful advice.....not someone coming on here to criticize. I am posting for him because he is a truck driver and doesn't have access to the internet on the road and because we are a family and myself or my children do not want to lose him, and if you don't think it is a big deal that we are fighting as a unit to stay together, don't waste my time please. If you have information that would be helpful I would greatly appreciate it, but if you are on this forum to give people a hard time.....I feel sorry for you, and anyone else that gets your comments. Good day

getting married to avoid deportation isn't going to stop it.

Well than I guess I am paying my lawyer for false information.

this is what i found on it, is is possible but not at all easy.

Marriage in removal proceedings

Many people assume that when an alien finds him or herself in the unfortunate circumstance of removal proceedings, one option is to marry a U.S. citizen or lawful permanent resident to obtain legal status. Unfortunately, obtaining status through marriage after you are already in proceedings is not as easy as obtaining it otherwise. Specifically, under INA § 204(g), an alien’s spouse cannot petition for the alien based on a marriage formed during removal proceedings unless the alien leaves the U.S. for two years beginning after the date of the marriage. As the petition is the basis on which an alien can adjust his or her status, this means that he or she must leave for two years before adjustment of status is a possibility. Moreover, when you depart the U.S. after being out of status, there are further bars and complications to coming back.

In order to avoid the requirement to leave the U.S. for two years, the alien and his or her spouse must prove by “clear and convincing evidence” (pursuant to INA § 245(e)(3)) that the marriage is bona fide. This standard is much more difficult to meet than the standard for ordinary marriage-based adjustments for two reasons:

1. The Automatic Presumption. By law, there is an automatic presumption that the marriage is fraudulent when it is formed during removal proceedings. This means that in order to overcome the assumption that the marriage is not real, the married couple must find a way to prove that they are really in love and have true intentions to remain a married couple, beyond a shadow of a doubt. In the regular marriage-based adjustment process, immigration officials are often cynical and suspicious, so the process is difficult. In the marriage-based adjustment process during removal proceedings, however, it is exceedingly difficult.

2. Documentary evidence. The alien must prove through extensive documentary evidence that his or her relationship is real. Sometimes meeting someone while in proceedings, falling in love, and then marrying them quickly and filing will not provide the requisite material to prove the relationship. Even if the marriage is based on a long-standing relationship, often the couple has not lived together, so that the documentary evidence is minimal.

In addition, it is important to know that if you are found to have presented a fraudulent marriage in order to obtain relief, you could potentially be prevented from ever obtaining an approved visa petition in the future, were you to apply to come back after deportation. Therefore, there is an inherent risk in even trying to gain relief based on marriage during proceedings.

As most individuals who have ever been involved in the immigration process know, outcomes can be arbitrary, and some real relationships are not found to be real by the USCIS when they obviously should be. Sadly, there are no absolutes or guarantees whichever route you choose, but it helps to understand what you are facing and what the potential consequences of your actions may be.

Thank you for that information. And that is exactly way our lawyer is telling us to get married as soon as possible after the divorce. We have been living together for almost a year and I have two older children that could contest that we have been together and have been a family for the past year and a half. I don't know what the outcome of the interview will be on June 10, so we will just have to prepare for a battle to prove it is legit. Again thank you for your info.

If he came on a K1 as a Finacee he would have been legal for 90 days.

If he came on a K3 as a spouse he would have been legal for 2 years

If he has been here 10 years then he has ben out of status for at least 8 years.

In the circumstances he cannot adjust through a soon to be ex wife, unless they lied.

she keeps saying he came on an I-130...did they have the same purpose 10 years ago? meaning he would've gotten a green card?

Almost 12 years ago when he came into the US, you did need anything to cross the border. They got married and than filed the I-130 and it was approved. They filed the I485 in Dec of 08 and the work permit and travel document were approved and received and than she filed for divorce. The lawyer keeps telling us that the interviewer may still give him a GC because of the fact that they were married for 11 years. I am just trying to see if anyone else out there has ever encountered such a dilema.

Double post

I was told by someone that I posted it in the wrong category and to repost it this one. Sorry!!!! Just joined today....don't know all the ins and outs yet, just trying to get some help