Desperate for help, divorce before 2 years!!!!

utopiacowboy says on Sep 12, 2005, 08:01:

You are beyond asking for help on the internet. See an immigration lawyer, preferably a member of the AILA.

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

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Gator says on Sep 12, 2005, 08:04:

There are.... avenues open that may help but the LAST place you need to come is here. FIND A GOOD IMMIGRATION ATTORNEY.

"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

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somanyquestions says on Sep 12, 2005, 08:20:

I understand your point, both of you. And I am on that as we speak, however I was just trying to get opinions so I am more informed to when I do speak to my lawyer. Any opinions would be greatly appreciated.
Thanks

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Crazy4Cali says on Sep 12, 2005, 08:39:

What more can you do... ...but have a detailed timeline of events and all the necessary documentation and evidence to support that timeline. The lawyer is going to need that first (and they can tell you what you "really" need vs. what will just confuse the issue, if you have any questions). They can also tell you what your next steps will need to be in order to accomplish your goal which, frankly, is difficult to determine from your long-winded dissertation.

For example: With whom do you want to really be married, or does it matter so long as you can stay in the U.S.? Will your divorce be final, as in stamped by the court and filed with the state? and, why on earth would you even consider remarrying your (now, or soon-to-be) ex? In my not so educated opinion, that would look REALLY fishy.

Anyway, I don't care what the answers are, but you should have your story straight and consistent as far as your history and goals. If not, you'll just end up paying a lawyer $150/hr (or more) to figure it out and then pay them even more to get there.

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somanyquestions says on Sep 12, 2005, 08:43:

Sorry on not being clear I apologize on the confusion. No I do not remarry my ex, I want to marry my now fiance. I want to stay to be with him, and not for the visa, it is a good faith relationship. I appreciate your comments Cali. Do you know if the 2 year anniversary is from the date of marriage or the date of the I 797? Thank you

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visas123 says on Sep 15, 2005, 16:05:

Immigration Lawyer response I am an immigration lawyer. I work in New Jersey, Atlanta, Miami, and Bogota. The two years is from the date that you were granted permanent residence, not your date of marriage.

It sounds like you have the basis for what is called a "good faith--good cause" waiver. You married in good faith and divorced for good cause. These cases are not particularly difficult if they are properly prepared. They sometimes, however, take a lot of time--years--to resolve. And you have to resolve the old case before your new husband can petition for you. Of course, if you are granted the waiver, this will not be necessary.

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BAQ says on Sep 15, 2005, 17:37:

Well that sucks. One would think if she divorced that idiot and REMARRIED it wouldn;t be a problem to remain in the United States. Sometimes I seriously question the wisdom of some of our immigration laws.

Semper Fidelis !

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flaleo says on Sep 16, 2005, 06:34:

BAQ, what's to question? The main purpose of today's immigration laws are to win votes by pacifying under-educated and/or stupid middle-America voters.

Otherwise, how does one explain that my government won't allow me to get to know my Colombian fiancée unless I'm willing to pick up and move to Colombia? The real choice they give me is to game the system and marry her (earlier than naturally normal) so I can buy time together with her to get to know her like normal boyfriend/girlfriends do.

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JMOON87 says on Sep 16, 2005, 10:13:

ITS NOT THE GOVERNMENTS FAULT i am in the same boat as everyone else waiting on the k-1 but i dont blame the government .the government didnt make me fall in love with a girl from another country .. the whole process sucks but i understand .living in florida and seeing so many people illegal ,it is very understandable why they shut down what used to almost be an open door policy . there is a satellite immigration office across my office and it is refeshing to see the amount of people in there everyday doing things the correct way ... if the government just let you have a girlfriend/boyfriend visa it would get out of control and abused ...dont blame the government blame the people that abused the system and broke the laws by overstaying or getting false visa - i can give many examples of first hand people abusing the system - examples - marrying cousins - overstays - student visas -etc - my ex wife was from brazil and i am sure what i witnessed is just a small -small portion of what goes on everyday .

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flaleo says on Sep 16, 2005, 10:20:

i blame the governemnt.

done similarly, a bf/gf visa couldn't be anymore abused than a fiance visa (ie. make it as strict, same process/requirements...). more realistically, what they need is a 90 day or 180 day extension on the fiance visa, requiring same type of documentation to show it's "real" and protect from abuse.

i don't blame the government for making me fall in love with a colombiana (how foolish was that point?)... i blame them for putting laws/procedures into place, for whatever motivations, that keep me from having a "normal" relationship with my fiance (normal = being allowed to experience eachother under day-to-day life before getting married).

imo, if there were no votes resulting in the policy, they wouldn't have made the policy (of basically closing down tourist visas for non-rich/non-connected).

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JMOON87 says on Sep 16, 2005, 10:43:

ITS NOT FOOLISH -DID YOU RESEARCH when you started dating your fiance ,did you research the process to bring her over here -that is my point-not a foolish point -some people never even investigate the process .i before i made my first trip to colombia knew what i was instore for- if i were to decide to marry her .i knew it was a 5-8 month process .so how can i blame the government when it was clearly described on there website .whether i like it or not - i dont like paying taxes also but i pay them .. the whole point is intent to marry -not lets see how things go for 6 months ..when you choose to begin a relationship with someone from another country -you have already chosen to not have a normal relationship for at least a little while ..the way i look at it is there are people in iraq going longer without seeing there familys than i will - so not gonna complain - i know i love my fiance so i dont need a trial basis ....good luck to you

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flaleo says on Sep 16, 2005, 11:45:

no, when i asked her to the movies for our first date i didn't first go research the uscis website... valid point.

i didn't meet her through the internet nor did i meet her with intent to find a wife nor serious girlfriend. i met her like most or many people meet, during every day life you just randomly meet and it builds from there. at not point did i stop and say, even if i did know the procedure's time requirements, "hey, leo, you might wan't to stop dating this girl as since you can't move to colombia you'll never be allowed by your governemnt to get to know her like a normal american couple can - your opportunity is restricted by some immigration laws... better return to usa and meet a gringa if you require really knowing your girl before marriage."

i can blame the government. i never blamed them for surprising me with the process. i'm blaming them for the process and it's lack of consideration for all people it will affect (ie. those other than illegal immigrants). especially when i fee it's there to pacify stupid americans in an effort to gain their votes.

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Sonny says on Sep 16, 2005, 12:28:

flaleo Straight from the hip buddy. You should have done your homework first. You would have realized the time involved here in the process. To complain about something you should have already known tell us you did not find out what your about to get involved in. You are no different the the rest of us. We all understand the process and knew it going into the relationahip. An American / Colombian relationship will not be normal.

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flaleo says on Sep 16, 2005, 13:17:

you guys miss the point. there is no homework. i'd known the process for years before i took my first trip to colombia (well, from post 9/11 until about mid-2003 when i made my first trip).

not knowing a process has nothing to do with not liking it.

allow a K1 extension with satisfactory proof of situation (similar to the earlier in the process proof of having met or proof of ongoing relationship) and my issue is resolved.

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JMOON87 says on Sep 16, 2005, 14:19:

YOU MISS THE POINT - you think any of us like the whole long process ....the point is if everyone or at least 90% did everything correct and by the law - we could probaly get fiances -wifes -or family members here in 30 days ....but not gonna happen so everything is drawn out ...i pay about $600 for health-car-homeowners insurance - why because others abuse the system with false and fraudulant claims - even though in 15 years i have never filed a claim ...... it just sounds like from your responses that you are not sure about your relationship as far as marriage and therefore are upset that you cannot get to know her here first ...just be glad 911 didnt stem from fiance visas or you would be marying her in colombia or waiting 3-5 years to get a visa if at all ... i am probaly one of these stupid americans that you refer to but i was smart enough to understand the process before i started it and was willing to wait however long needed ..probaly from coming from a stupid american military family that taught me ALWAYS BE PREPARED !!! and just because others dont agree with you does not mean they are stupid - what if they were correct after all - what would that make you ....just hang in there ...

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flaleo says on Sep 16, 2005, 16:22:

If today's immigration laws (applied to 25 year old Colombianas with proof of valid relationships) pacified you to a degree that it influenced your vote, then yes... and sorry I used such a harsh word as 'stupid' when voicing my opinion.

But, we can happy (poor but happy) agreeing to dissagree :)

I still blame the government, well actually the politicians (if that's different) for today's immigration laws. And I still place their motivation on fear mongering. Just my opinion...

Still, no basis in saying I wasn't prepared for the process, hadn't researched it, nor didn't understand it. I just don't like it nor why IMO we have it.

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jack smith 2 says on Sep 16, 2005, 18:35:

Go home! Well, did you marry him for love or because you like the USA because you had been here on a student visa and you like it here? Maybe a little of both?

Like the lawyer said you can apply for some type of sympathy visa. US law towards women and minorities looks at you as a victim, yet the INS or State Department does not really know why you married that guy now do they? I think it is time for you to go home myself but since he did marry you legally you are entitled to go back to Colombia with HALF of everything that he owns. Not a bad consolation prize if no visa to stay!

Young lady, get a good lawyer and you will be OK and NO you wil not go back to Colombia if I was betting. You see, we are inundated with MILLIONS of illegals mostly MEXICANOS and the INS called ICE is a big joke as is George Bush's immigration policy plus if we have no immigrants then all these immigration lawyers would be out of a job right?

If the guy cheated on you then he is a jerk but who knows really what you were thinking when you married? Our immigration laws are no good becaude hardly anybody gets deported anymore. Hell, I have 15 of them living just up the street and where is ICE?

Get a good lawyer and be willing to shell out some bucks and come out to Colorado and we will teach you to ski this winter porque tu no te vas a ninguna parte!

Suerte y mucho mucho AMOR!

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JMOON87 says on Sep 16, 2005, 22:18:

flaleo - i feel your pain i thought i was prepared for 5-8 month wait but in that time .i had to have skin cancer removed -was lucky non-agressive (basil) -would of been nice to have my novia with me during the process as she worried alot ...than my father dies of a hearattack 7 weeks ago - would of been nice if she could of been at the funeral or at least got to meet him as they looked forward to meeting each other ....but i dont get mad at the government - i get mad at the way people abuse the system .how this screws it up for everybody else ... i agree our government has alot of problems with law .. i dont like MARTHA STEWART but for a first time non violent offense - she probaly got far more time than a first time violent offender ...so yea i agree alot of laws are screwed up but i am still very proud to be an AMERICAN.. and realize it will never be a perfect system for to be perfect would be perfect for everybody but we are all differnt so never gonna happen .

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rjstuff says on Sep 17, 2005, 08:42:

Hey its our birthright to hate the govt. We all are ab-normal (reminds me of the hunchback bringing back the brain.) We didn't date and fall in love with our next door/school/college gf/etc. we all chose a different route, so I consider people like us as abnormal in that sense; but then we have managed to step into the 21st century; the world is back in the 16th century - There should be no artificial borders or walls (didn't we just bring down the Berlin wall a few years ago?) We should be able to go where we want and do what we like (as long as we don't infringe on other's rights.)
Ah someday! In the mentime to hell with this and all other governments! jejeje

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