worldpeace

OK, correction, you meant Phil passport, not US passport as proof of ID. Did she come on a F1 student visa, exactly what does the wording of the second denial say?

How long ago this all of this taken place, has it just been over a year?

Sorry took so long to come back, been madly busy. She came on a J1 student visa. The second denial says her petition has been denied because they didn't submit any evidences. Says nothing about her having to leave the country and all this happened about 1 year ago. I have decided to wait until i get citizenship, get married, hire a lawyer and apply. We have overwhelming evidences, from bills, trips together, pictures with my family, been living together etc. They should base her second AOS application based on the current marriage, not a past one right?

Yes, that's what it says exactly, and also when she got hired she showed them her passport from her country and they put in their system as a 2nd form of ID US passport. Don't know why but it got her employed...

I called that 1-800-898-7180 number this morning, supposed to be some court system that handles deportations and stuff like that over the whole US, i entered her A# there and they had no record of it. She doesn't have a work permit, it got denied with the petition for AOS first time. She's been working with her social security only, paying taxes and everything.

You will probably have to do a hardship wavier. Since we don't know what country she is from it is hard to say what your chances are.

She is from the Philippines.

JustBob, We will try to find out if she is under removal procedures and get back to you. If she is what does it mean? Will they be looking for her at work to arrest her? She doesn't live at the address on her USCIS record. That's her ex's address.

Thank you for your suggestions. Getting my citizenship first was on my mind as well. Moving out of the country is not on the list, I have a lot of responsibilities here plus if there is a chance we could be together here, I'm willing to take up on it.

When her case was denied first time, she received a letter stating she has 30 days for an appeal, if not she would have to leave the country on her own. Nothing mentioned about deportation. She appealed, got denied again but the second time nothing was mentioned about her having to leave. Assuming that she is indeed under deportation procedure, how hard would it be for us after i obtain my citizenship?

Hello everyone,

I will try to keep this as simple as possible but with as much detail as possible.

Currently I'm a permanent green card holder and this year in December i will apply for citizenship. I met my girlfriend aprox. 1 year ago when she was divorced from her husband. Her story is simple and complicated at the same time. Came here on a student visa for the work & travel program, met a guy and got married, so she never went back home. Well shortly after, her ex-husband decided marriage was not for him and chose to divorce her. Prior to that they send the application to USCIS and their case got the pending status and a receipt of action was issued. in the meantime he decided he wanted to divorce and when USCIS asked for their evidences, he refused to send any, got divorced so her adjustment of status got denied, obviously. She filed an appeal, which i believe was a mistake(waste of money), and also sent a letter of explanation. The appeal got denied of course and as of that moment she became illegal(we believe). After all that mess was consumed she met me and we've been together ever since. i did not reject her because of her status because she is a human being a very good person. I want to marry her not because i'm sympathetic to her past situation but because we love eachother and want to start a family together. I am however very concerned about a few things, so here i am asking more experienced people what I need to do: 1. Can she adjust her status through me, even though I'm just a permanent resident for the moment or should we wait until I get my citizenship? 2. Does she have any chances to adjust her status in the first place since she already had her previous case denied because of absence of evidence from her previous marriage? 3. Can I get in trouble if for some reason she gets arrested, for being "involved" with an illegal? I would like to add, if it makes any difference, that neither one of has any criminal record, our driving records are clean and we have tons of evidence of our relationship. your helpful responses are very much appreciated.