Some suggestions or advice please!

[Passion0075]

Here is the senario...I am married to a man who was deported almost four years ago his case has not went anywhere. I havent seen him in three years, I continued to try and help even though I was not in love anymore, during this time I met and fell inlove with a man who was also married and havign had some of his own immigration problems. He married possibly to try to help his satus. He came here legally on a student Visa. During his time here he filed for politcal asylum and it was denied he filed an appeal. His student visa is no longer valid and his appeal is pending. We are in love and im pregnant with his twin baby girls and we dont know what to do. I dont want to loose him too..What if we both got a divorce and got married to each otehr wil he have to elave the country if his appeal is denied?

[emilios_girl]

Wow....where to begin.

First off, if you are no longer in love with your husband, which I'm assuming being pregnant with another man's children you're not, divorce him. Second, this sounds like a major ordeal. I have no clue where your husband or this other man are from, what countries?

This will need some serious sorting out and I am not nearly qualified to give advice. The only thing I do know is you should divorce your husband.

[silymaury]

I think you both should divorce, however if his apeal is denied, i believe they do make him leave the country. I am not the best one to give advice on the legality of this, but im sure someone else will chime in. Good Luck!

[Passion0075]

I am going to divorce my husband reguardless..I know that. Th eother guy if from africa. why does he have to leave and reeneter if he did not enter illegally in teh first place

[agarcia]

I would suggest asking someone who might know a little more about the African immigration process. Try posting a question about this in the African thread and see what advice you get.

I also agree with the other girls - you should divorce your husband if you are pregnant with another man's child. I'm definitely not one to condone divorce, but in this case, it seems like the best choice. Where is your husband from??? Where is he now? How easy will it be for you to get the papers to him and have him sign, etc??

[Passion0075]

He is in albania and I have already told him everythign adn that we will be needing to get a divorce and he is willing to do the divorce with out any problems..

[agarcia]

He is in albania and I have already told him everythign adn that we will be needing to get a divorce and he is willing to do the divorce with out any problems..

That's good that he is willing to help out . . . I've heard divorce can be ugly sometimes when one spouse is uncooperative.

[katy_brovig]

He married possibly to try to help his satus. He came here legally on a student Visa. During his time here he filed for politcal asylum and it was denied he filed an appeal. His student visa is no longer valid and his appeal is pending.

OK, I need some more details to try and process this. My husband also has an asylum claim pending while we're filing the i-130, but it looks like you have a few more factors complicating things.

First of all, are you a U.S. citizen? If so, then why was your husband deported? Why didn't the marriage to you forgive his being here illegally (assuming, since he's from Albania, that he was an overstay)?

On to guy no. 2. When you say he married to "try to help his status," does that mean a judge has determined that he entered the marriage fraudulently?

[Dorothea]

Yeah, you can't really help your husband with immigration stuff anymore, as you obviously can't prove the validity of the marriage. Not having seen him in 3 years and being pregnant with someone elses children (congrats!!) are obvious signs that the marriage is not valid, and would put a stop to any immigration process...
So, divorce him first, and then decide what you want to do. I think someone who has overstayed a visa can adjust status in the US, but someone smarter than me will come help. Just make sure he does NOT leave the country before you know that for sure.

And to katy-borvig, being married to a US citizen does NOT EVER "forgive" immigration status and stop deportation proceedings. This is a myth.

[katy_brovig]

OK, I saw on your post in the Africa forum that your husband EWI. Starting to make more sense now. Were you married during deportation proceedings or before? And are you sure there is no deportation order against Guy No. 2?

There are a lot of incredibly well-informed people on here, Passion, so just spell out your case very clearly with as much detail as possible and you'll be able to get very good/accurate advice.

And to katy-borvig, being married to a US citizen does NOT EVER "forgive" immigration status and stop deportation proceedings. This is a myth.

Er, it doesn't? I'm sure as heck hoping it does, seeing as how we've spent gazillions of thousands of dollars to file the i-130 and (eventually) AOS based on our marriage. I'm kinda hoping we're in semantics mode here and you just have a problem with the word "forgive." Otherwise I will throw myself off the balcony forthwith! DOROTHEA! Don't be giving me no heart attacks. Note that my husband is not an EWI; he's an overstay, which is what I was assuming was going on with hubby o' Passion (that's not the case, however).

[momof1]

OH how I wish being married to a citizen stopped deportation proceedings. I think that esepecially with asylum things can get complicated. There is no cookie cutter answer for everyone's case. Don't get too worked up katy.

[katy_brovig]

OH how I wish being married to a citizen stopped deportation proceedings. I think that esepecially with asylum things can get complicated. There is no cookie cutter answer for everyone's case. Don't get too worked up katy.

Tee hee. Noooo, not worked up. Just playing. :D

I get what you guys are saying. And I certainly am not saying by marrying my husband his deportation proceedings STOPPED (no indeed, that's why we've had to pay out the nose to fly him to court hearings in his asylum case IN BOSTON, where the judge doesn't say one word to him and sends him on his way while our i-130 is adjudicated). But we are certainly hoping that, eventually, his overstay is "forgiven" (will consult thesaurus pronto and find another word!) and he's allowed to stay here. Hoping that makes sense ...

[emt103c]

What she is saying is, once someone is ordered deported, there is no forgiveness for having married a U.S. citizen. OVERSTAY, after having entered on a valid visa, IS forgiven by marriage to a U.S. citizen. It sounds like, Katy, you are saying that your husband has not yet been ordered deported and the judge is allowing him to file while inside the US?

Passion, as for your case, this is going to be VERY complicated and you are going to need an attorney.
Has your fiance (?) told his current wife about all of this? Is she going to report him as a marriage fraud case?

You have a big problem here because he has already been denied once and both divorces are not overnight fixes here. Right now, you can do nothing for him and if his current wife decides to be spiteful with his immigration status, he may be permanently unable to do anything.

IF, big IF, he is able to get divorced, unscathed by this woman, you can go ahead and file the new paperwork, however, if by the time that he marries you he has already been ordered deported (as in, doesn't follow up on EVERY appointment and keep up with his appeal) then he will have to leave to adjust status anyway. The problem you are both going to have is proving a valid relationship (and that his original marriage was not entered into for immigration purposes as well.) This is all going to seem very fishy to a USCIS adjudicator and you are going to have to be very "on top" of things to prove it. In this case, the children alone are not going to prove it.

I don't want to scare you, it is just going to be very complicated.

[katy_brovig]

What she is saying is, once someone is ordered deported, there is no forgiveness for having married a U.S. citizen. OVERSTAY, after having entered on a valid visa, IS forgiven by marriage to a U.S. citizen. It sounds like, Katy, you are saying that your husband has not yet been ordered deported and the judge is allowing him to file while inside the US?

Aha! By george, I think I'm getting it. You know, I was certain that my husband had been ordered deported (he was picked up by ICE and thrown into detention and not let out 'til he filed for asylum), but maybe there's a step I'm missing. Either way, in my head, you're right: I had been sorta compressing all of the gazillions of steps we have to take before we (ultimately and god willing) stand before a judge and he/she tells us that my husband's overstay is forgiven. I'd imagine one of those steps is having the deportation order lifted.

Has your fiance (?) told his current wife about all of this? Is she going to report him as a marriage fraud case?

Yeah, Passion, I think you can see that everyone's ears perked up at the mere hint of marriage fraud. That can REALLY mess things up if one of you is under that cloud. If you've got the money and can pay to consult with a REPUTABLE immigration attorney, you should. But make sure you go to someone who really knows his/her stuff. There are some heartbreaking stories that you'll read here about people who've gotten horrible legal advice.

[Passion0075]

Ok Here are a few more details about the case...first of all lets forget that im married that marriage is done and I will get the divorce. What I really need help with is my man now. I dont want to make his case worse only better. I dont want him to get the divorce from his wife if he it will make things worse for him but i think me and him getting married would be better since our relationship is valid and we have the babies coming.

He was not married when he filed for politcal asylum. When he was denied he then got married. He still does not have a approved I-130 for that marriage its been two years since him and his wife filed for one. He came here with a valid student visa which later was revoked because he switched universities and did not report it. He continued his schooling and got his degree and is now in school for his masters degree, While he is waiting for his appeal decison on the asylum. I know when U enter illegally U must leave and apply for re-entry. but since he entered legally does that apply? would the courts look bad at us because of the past relationships and immigration situations? If his asylum is denied what can we do. Wait and see if him and the current wife can get his status or should we start our process rigth away?
Edit:
Oh and for the record no he didnt marry her just fro his papers but after eh fell out of love I guess he stayed for that reason...

[katy_brovig]

I definitely don't have answers for you, Passion, I'm so sorry. It's way too complicated for me. But keep posting. I know there's going to be someone on here who can help. There are a slew of really knowledgeable people. A few questions, if I may:

(1) When is the next hearing in his asylum case? I'm assuming since this is an appeal, this is his do-or-die hearing. I.e., he has to win the appeal or face deportation.

(2) What is the basis for his asylum claim? There's an extraordinarily high bar in asylum claims, I do know that. (My husband's is considered pretty weak -- and this is with him claiming al-Qaida tried to recruit him, threatened his family, etc.) So he needs a wickedly compelling claim, otherwise he is indeed looking at deportation.

(3) Someone correct me if I'm wrong, but I'm thinking that waiting for his wife's i-130 petition to be approved is waiting for a miracle to happen. The fact that he's having twins with you, it seems to me, makes that i-130 essentially dead in the water.

So I don't know. You guys really should consult with a lawyer who can see all of your particulars and make a judgment.
Edit:
wait, passion, quick question. when i was looking through your old posts trying to figure out what's what, i found the post you'd written last year about your i-130 revocation. this is actually what i was trying to get at in my very first post -- was your husband ultimately deported after the i-130 you filed on his behalf was denied? and was that i-130 denied b/c they'd determined (for whatever reason) that the marriage wasn't bona fide?

[Passion0075]

No... our I-130 was approved. After he was deported. He was deported right after our interview and the I-130 was approved about a month and a half later. It was when he went to his interview at the embassy in his country that the woman interviewing him questioned our marriage. I didnt not expect that because I thought we had already proved out marriage. So I did not tell my husband to take anythign with him except his waivers to his interview so he could file after he's visa was denied. Well the interviewer asked him for phone records and pictures and he did not have them with him and she refused to allow him to come back with them she told him she was sending his case back out to the usa to have our I-130 re-evaluated and that has been almost two years ago and his case has not been touched. I can get noone to help me either. so over time me and him just have talked less and less and as I said earlier it has now been over three years since i seen him. At this point even if I was not pregnant I have no way to prove our marriage valid.

Reguarding my new situation....WOW i cant believe the next man I fell in love with also has these immigration problems what were the odds of that ...lol...
but as for his current wife NO she will not be reporting anything to get him in trouble. She has no hard feelings..

[katy_brovig]

OK, please recognize that this is my opinion only, and it may clash with the realities of your case. I'd recommend you consult with one of the attorneys on here (there are several -- Laurel Scott, Kolken). But this is what I'm thinking.

(a) The chances that the i-130 his wife filed on his behalf will be approved are next to nil. I just don't see that happening since he's having a child (children) with another woman.

(b) From what you've said, the only other form of relief available to your current love is asylum. Unless he has an airtight, extremely compelling claim, he's looking at deportation. There's just such a high bar for asylum claims. What is his lawyer saying about his chances? Ours was extremely candid with us when we were considering letting the asylum claim run its course before filing the i-130 (uh, we were delusional for a while after we got married and didn't want our union to be "stained" by USCIS. Don't ask; we were so CUCKOO.).

(c) Let's face it. There is a cloud over both of your previous marriages. And somewhere along the chain of your previous i-130, someone raised a red flag and said it might be fraudulent. This just cannot be good news. And if you do end up getting married to your current love, I think your relationship would be put through a serious, mind-bendingly thorough wringer. Don't assume that b/c you have children together, that'll prove a bona fide marriage.

Any way you look at it, the clock's ticking. He may be facing deportation before you're able to get divorced, then get married, then file an 1-130, then wait and wait and wait for your i-130 interview (it looks like it's going to take us about a year to get our interview). So prepare yourself for that reality. He might have to leave the country ...

[Passion0075]

Thats why I am here asking for advice...Maybe it would be better if I stepped back and let him and his wife try to be together. Immigration will not have to know I am having his babies. That way they can still go on with what they were tryign to get done. My fear is that like u said his only real hope is the asylum beign approved which more than likely will not happen and he will hav eot leave and my baby girls will never see their daddy/ Ilove him and want us to be together. Iknwo it will be hard to prove our relationship as beign valid. It is though we are just two people who fell inlove and are in bad situations. If he were to get deported at least I would think me and him beign married would give his waivers a better chance.. We would already have filed for divorce and be married but I ddint want to mess up hi case he already had opened. But the more I thought about it I thought it would be better if I Was the one he was married to because it would be real..If he is deported this other woman will move on with her life. He will be stuck. I do nto want us to get married jsut for the immigration reasons. WE want to be togheter and raise our childrena dn love one another til we are old. Rigth now it would like it was ll for the status.. I dotn knwo what to do..I just get so upset with myself for once again getting into thi same situation as withmy first hudband.

[katy_brovig]

Yeah, that's a tough situation. A really tough situation. There are no easy answers. I guess the one thing you do know is that you need to divorce your husband. Might as well get that started now ... It could prove cumbersome since he's not here in the U.S.

As for stepping back and letting your current love and his wife work it out, well, that's up to you. But you've made it clear that he doesn't love her, so I can't imagine he'd be consigning himself to a happy life if he did that, to say nothing of the ethics of pursuing an i-130 petition with a woman he doesn't love.

[Marina Street]

I have a sister in low, she came to us on student visa and overstayed for two years got married US sitezen. She got her 130 approved in 6 month and got here I 486 adjusted her status(you have to me married for two years to do so). It is very stange that your man's 130 is taking that long. Student's visas is allow to adjust them in country(he has to stay married and prove his marriage) . May be he should stay there where hi is right now and keep relation with you as it is for right now?