Dant3

For all the legal types, both amateur and professional, this is the
situation, in all its messy glory:

1. UK Citizen visits US Citizen on
Visa Waiver for holiday with no intention of marriage.
2. After two
months they marry in Las Vegas.
3. US Citizen tells UK Citizen that
she’ll take care of all the paperwork which he trusts her to do.
4. UK
Citizen does remodelling work on US Citizen’s house over 2 year period,
doubling it’s value.
5. UK Citizen knows nothing of immigration
procedure and is not suspicious at lack of contact from USCIS in all
this time.
6. When remodelling is finished, US Citizen announces her
intention to file divorce proceedings, admits she never filed ANY
paperwork and will now inform USCIS of his illegal status.
7. UK
Citizen, now present in US for three years, wishes to remain.

What are
UK Citizen’s options?

My thoughts are that everything could be okay
(albeit, require some major explaining) if US Citizen would file I-130
Petition concurrently with UK Citizen’s I-485 pack. Seeing as she’s
refusing to play ball, has he got any chance at all of staying?


Opinions welcome. Thanks.

James

Andy Platt

If he's that stupid he deserves what he got in immigration terms. That
shouldn't stop him getting a lawyer for the divorce though. All that work he
put into the house could backfire on his wife.

Andy.

Vampier

    > If he's that stupid he deserves what he got in immigration terms. That
    > shouldn't stop him getting a lawyer for the divorce though. All that work
he
    > put into the house could backfire on his wife.
I know what I would fire at his 'wife'

Maryanne Kehoe

I would think it would be the WIFE that would be in trouble----if the
non-USC spouse could prove in procedings that he was duped, then he
might not be subject to the 3-year ban.

Immatchua

well...a petition is strictly at the discretion of the US citizen spouse
so u are at her mercy.
The only reprieve is that you could file a
"spousal abuse" self-petition if u can gather enough evidence to
establish abuse.
You will need a lawyer for this.

Originally
posted by Dant3
    > For all the legal types, both amateur and
professional, this is the situation, in all its messy glory:
    >
    > 1. UK
Citizen visits US Citizen on Visa Waiver for holiday with no intention
of marriage.
    > 2. After two months they marry in Las Vegas.
    > 3. US
Citizen tells UK Citizen that she’ll take care of all the paperwork
which he trusts her to do.
    > 4. UK Citizen does remodelling work on US
Citizen’s house over 2 year period, doubling it’s value.
    > 5. UK Citizen
knows nothing of immigration procedure and is not suspicious at lack of
contact from USCIS in all this time.
    > 6. When remodelling is finished,
US Citizen announces her intention to file divorce proceedings, admits
she never filed ANY paperwork and will now inform USCIS of his illegal
status.
    > 7. UK Citizen, now present in US for three years, wishes to
remain.
    >
    > What are UK Citizen’s options?
    >
    > My thoughts are that
everything could be okay (albeit, require some major explaining) if US
Citizen would file I-130 Petition concurrently with UK Citizen’s I-485
pack. Seeing as she’s refusing to play ball, has he got any chance at
all of staying?
    >
    > Opinions welcome. Thanks.
    >
James

c

Is it possible your spouse DID in fact file the paperwork, but is now
bluffing you by saying she didn't?

Do you recall signing any forms or other paperwork?

Cheers,

Marco

Dant3

Point 1 - This isn't ME we're talking about. Look at my timeline. It
really doesn't match the facts presented at all. It's just someone I
got talking to a few days ago and I said I'd find out what I could about
his options.

Point 2 - I agree that he is quite possibly the most
stupid immigrant to ever enter the country.

Point 3 - He is claiming
that he has never signed anything or recieved any information at all
from USCIS regarding fingerprinting, interviews etc. When the wife says
she did nothing, I think she's telling the truth,

I suspect he may have
to be content with getting as much money as possible out the divorce and
returning to England older, wiser and a little bit richer.

James

c

Hi! I'm actor Troy McClure. You may remember me from such threads as
'Re: AOS Legal Dilema' and 'Dant3: tasty but deadly.'

    >Point 1 - This isn't ME we're talking about. Look at my timeline.

What timeline? I didn't see one in your post. I don't have a
photgraphic memory of the timeline and situation of every single
poster in this newsgroup. It wasn't at all clear to me that you were
in fact talking of somebody else's situation.

    >Point 3 - He is claiming
    >that he has never signed anything

You did not mention that in your post, merely that the UKC let the USC
"ttake care of all the paperwork." I'm asking for clarification on
whether the UKC actually *signed* anything. "Taking care of all the
paperwork" could just as easily mean "USC prepared forms, UKC signed
on the dotted line, USC mailed the forms to USCIS."

    >When the wife says
    >she did nothing, I think she's telling the truth,

Well, just my opinion, but I would check that fact out rather than
assume it, since the whole scenario hinges upon it. In such a grave
situation it would pay to check *all* possibilities, however unlikely.

My experience of divorcing couples is that they will do some pretty
crazy and vicious things to one another. Pretending to have not filed
the papers would hardly be a surprising tactic if the USC wished the
UKC out of her life.

Just my two cents FWIW.

Cheers,

Marco

Mtravelkay

Dant3 wrote:

    > For all the legal types, both amateur and professional, this is the
    > situation, in all its messy glory:
    >
    > 1. UK Citizen visits US Citizen on
    > Visa Waiver for holiday with no intention of marriage.
    > 2. After two
    > months they marry in Las Vegas.
    > 3. US Citizen tells UK Citizen that
    > she’ll take care of all the paperwork which he trusts her to do.
    > 4. UK
    > Citizen does remodelling work on US Citizen’s house over 2 year period,
    > doubling it’s value.
    > 5. UK Citizen knows nothing of immigration
    > procedure and is not suspicious at lack of contact from USCIS in all
    > this time.
    > 6. When remodelling is finished, US Citizen announces her
    > intention to file divorce proceedings, admits she never filed ANY
    > paperwork and will now inform USCIS of his illegal status.
    > 7. UK
    > Citizen, now present in US for three years, wishes to remain.
    >
    > What are
    > UK Citizen’s options?

Get a good divorce lawyer and at least obtain half the value of the
increase in house value.
    >
    > My thoughts are that everything could be okay
    > (albeit, require some major explaining) if US Citizen would file I-130
    > Petition concurrently with UK Citizen’s I-485 pack. Seeing as she’s
    > refusing to play ball, has he got any chance at all of staying?
    >

He has overstayed his visa by quite a while. I think he will have a
problem trying to adjust his status based on marriage since no I-130 was
ever filed, and he can now face a 10 year ban. You indicated the UK
citizen knew nothing about the immigration procedure, how do we assume
the US citizen knew anything?

Why should he need to stay in the US. By the account given, it doesn't
sound like he is employed here or have a family he can't leave?