John

My daughters ex husband who is English did not leave the US after their
divorce and before his green card interview. Instead he renewed his word
permit knowing it to be wrong. Now one year later he has received a letter
from immigration that he has 30 days to leave the country or appeal, I seen
no grounds for appeal and don't know why he even has a right to one at this
stage and under the circumstances. He is now trying to get my daughter to
remarry him before the 30 day expires which is on May 28th, 2004. I am
right in thinking that would not work and the order to leave would be
invoked?



PS the original partition for his green card was denied due to the divorce.

Hnchoksi

    >Subject: Marriage or deportation
    >From: "John"
    >Date: 5/22/2004 7:06 AM Eastern Standard Time
    >Message-id: <bsSdncPzs5GyqTLdRVn->
    > My daughters ex husband who is English did not leave the US after their
    >divorce and before his green card interview. Instead he renewed his word
    >permit knowing it to be wrong. Now one year later he has received a letter
    >from immigration that he has 30 days to leave the country or appeal, I seen
    >no grounds for appeal and don't know why he even has a right to one at this
    >stage and under the circumstances. He is now trying to get my daughter to
    >remarry him before the 30 day expires which is on May 28th, 2004. I am
    >right in thinking that would not work and the order to leave would be
    >invoked?
    >PS the original partition for his green card was denied due to the divorce.

She'd be a fool to do it...unless she likes to look at the world from behind
bars...which is where she might end up for fraud.

A M

ojunk (Hnchoksi) wrote in message news:<>...
    > >Subject: Marriage or deportation
    > >From: "John"
    > >Date: 5/22/2004 7:06 AM Eastern Standard Time
    > >Message-id: <bsSdncPzs5GyqTLdRVn->
    > >
    > >
    > > My daughters ex husband who is English did not leave the US after their
    > >divorce and before his green card interview. Instead he renewed his word
    > >permit knowing it to be wrong. Now one year later he has received a letter
    > >from immigration that he has 30 days to leave the country or appeal, I seen
    > >no grounds for appeal and don't know why he even has a right to one at this
    > >stage and under the circumstances. He is now trying to get my daughter to
    > >remarry him before the 30 day expires which is on May 28th, 2004. I am
    > >right in thinking that would not work and the order to leave would be
    > >invoked?
    > >

well, if he is smart, hires good lawyer and remarries her, that will
be absolutely no problem for him to stay :) some technicalities
involved but he can do it

    > >
    > >
    > >PS the original partition for his green card was denied due to the divorce.
    > >
    > >
    >
    > She'd be a fool to do it...unless she likes to look at the world from behind
    > bars...which is where she might end up for fraud.

there is no fraud committed by her here, where is the fraud??? even if
she remarries him, where will be the fraud?

Rete

Originally posted by A M
    > there is no fraud committed by
her here, where is the fraud??? even if
    > she remarries him, where will
be the fraud?

It would be a marriage of convenience. A
convenience for him to remain in the US. That is fraud. They would
still have to show that their marriage was a comingling of their social
and financial lives together.

Rete

AnnaV

If I remember correctly, someone who has a deportation order cannot
adjust status, even through marriage. I'm not sure if a notice to
leave to country counts as such, though.

Originally posted
by John
    > My daughters ex husband who is English did not leave the
US after their
    > divorce and before his green card interview. Instead
he renewed his word
    > permit knowing it to be wrong. Now one year
later he has received a letter
    > from immigration that he has 30 days
to leave the country or appeal, I seen
    > no grounds for appeal and
don't know why he even has a right to one at this
    > stage and under the
circumstances. He is now trying to get my daughter to
    > remarry him
before the 30 day expires which is on May 28th, 2004. I am
    > right in
thinking that would not work and the order to leave would be
    > invoked?

    >
    >
    >
PS the original partition for his green card was denied due
to the divorce.

Amanda

(A M) wrote in message news:<>...
    > ojunk (Hnchoksi) wrote in message news:<>...
    > > >Subject: Marriage or deportation
    > > >From: "John"
    > > >Date: 5/22/2004 7:06 AM Eastern Standard Time
    > > >Message-id: <bsSdncPzs5GyqTLdRVn->
    > > >
    > > >
    > > > My daughters ex husband who is English did not leave the US after their
    > > >divorce and before his green card interview. Instead he renewed his word
    > > >permit knowing it to be wrong. Now one year later he has received a letter
    > > >from immigration that he has 30 days to leave the country or appeal, I seen
    > > >no grounds for appeal and don't know why he even has a right to one at this
    > > >stage and under the circumstances. He is now trying to get my daughter to
    > > >remarry him before the 30 day expires which is on May 28th, 2004. I am
    > > >right in thinking that would not work and the order to leave would be
    > > >invoked?
    > > >
    >
    > well, if he is smart, hires good lawyer and remarries her, that will
    > be absolutely no problem for him to stay :) some technicalities
    > involved but he can do it
    >
    > > >
    > > >
    > > >PS the original partition for his green card was denied due to the divorce.
    > > >
    > > >
    > >
    > > She'd be a fool to do it...unless she likes to look at the world from behind
    > > bars...which is where she might end up for fraud.
    >
    > there is no fraud committed by her here, where is the fraud??? even if
    > she remarries him, where will be the fraud?

A moral fraud, if she remarries him just for the sake of his GC. If
he nmarried her for GC to begin with, she would know that this
remarrying is temporary too but people do it. Some looks at it as
"what have I got to lose if he foot my bills while married"?

A M

Rete <member167@british_expats.com> wrote in message news:<>...
    > Originally posted by A M
    > > there is no fraud committed by
    > her here, where is the fraud??? even if
    > > she remarries him, where will
    > be the fraud?
    >
    > It would be a marriage of convenience. A
    > convenience for him to remain in the US. That is fraud. They would
    > still have to show that their marriage was a comingling of their social
    > and financial lives together.


why?? what if they fell in love again after divorce? "They would", i
do not think here that the burden of proof is on them. It might be of
course, but if they really fell in love again and hired the right
attorney they will win :) everybody know what kind of people work for
INS adjudications :) I'm pretty sure that if you have some brains and
especially if you have money for an experienced attorney you can
easily show INS that "their marriage was a comingling of their social
and financial lives together", especially if your involve your
representative/senator somewhere along the way.


No indications of fraud here, not even close. INS might be suspicious,
but so what. No outright fraud has been committed. And, it does not
look like he crossed the 180/360 days ban line, if he received the
request for voluntarily departure :)

    >
    > Rete

Joachim Feise

A M said on 5/23/2004 16:39:

    > Rete <member167@british_expats.com> wrote in message news:<>...
    >
    >>Originally posted by A M
    >>>there is no fraud committed by
    >> her here, where is the fraud??? even if
    >>>she remarries him, where will
    >>be the fraud?
    >>It would be a marriage of convenience. A
    >>convenience for him to remain in the US. That is fraud. They would
    >>still have to show that their marriage was a comingling of their social
    >>and financial lives together.
    >
    >
    >
    > why?? what if they fell in love again after divorce? "They would", i
    > do not think here that the burden of proof is on them.

It is...

Manc1976

Originally posted by John
    > My daughters ex husband who
is English did not leave the US after their
    > divorce and before his
green card interview. Instead he renewed his word
    > permit knowing it
to be wrong. Now one year later he has received a letter
    > from
immigration that he has 30 days to leave the country or appeal, I seen
no grounds for appeal and don't know why he even has a right to one at
this
    > stage and under the circumstances. He is now trying to get my
daughter to
    > remarry him before the 30 day expires which is on May
28th, 2004.
I think he's got a *****ing cheek if you ask me.
But that's just MHO.........hopefully the INS see it the same way

A M

manc1976 <member13268@british_expats.com> wrote in message news:<>...
    > Originally posted by John
    > > My daughters ex husband who
    > is English did not leave the US after their
    > > divorce and before his
    > green card interview. Instead he renewed his word
    > > permit knowing it
    > to be wrong. Now one year later he has received a letter
    > > from
    > immigration that he has 30 days to leave the country or appeal, I seen
    > >
    > no grounds for appeal and don't know why he even has a right to one at
    > this

why no grounds for appeal? if he successfully remarries, here you go,
he has the grounds. especially if he proves that his old-new wife will
face hardships if he is deported :) not too difficult, especially if
he has some money to spend on the good lawyer. he can even go in front
of BIA (or whatever they are called now) and make his case :)

    > > stage and under the circumstances. He is now trying to get my
    > daughter to
    > > remarry him before the 30 day expires which is on May
    > 28th, 2004.
    > I think he's got a *****ing cheek if you ask me.
    > But that's just MHO.........hopefully the INS see it the same way