My fiance had applied for and adjustment of status based on marriage and she had got denied for failure to repond because

Asked over 2 years ago - Jacksonville, FL

her marriage didn't work out, she's about to get a divorce and i'm about to marry her but i wanna know my legal recourse before I do, she is now out of status because of that denial can that affect me in any way if i allow to stay in the country with me?

Additional information

She entered the country on a b2 or b1 visa and her adjustment was denied because her husband and she didn't respond to any of the notices, they separated right after they filed because he was adulturous.

Attorney answers (6)

  1. Jose Antonio Moreno

    Contributor Level 15

    1

    Lawyer agrees

    Answered . An immigration attorney will gladly handle this case for you.

  2. Nicolas Andres Olano

    Pro

    Contributor Level 15

    Answered . It would appear that the petition was denied due to abandonment and not because of a fraud finding. Though you should have no problems in the first case I do recommend that you consult with an attorney before filing.

    This is not legal advice and a client attorney relationship is not created.
  3. Joanne Marie Fakhre

    Contributor Level 9

    Answered . I agree with my colleagues. Based on the visa she entered with, she should be fine to adjust after you get married. That is of course as long as she does not have a removal order or been issued a notice to appear before an immigration judge for being an overstay, no convictions that would prevent this from happening etc. The facts you gave are brief so based on those alone it is easy to say you should be fine. It is in your best interest to call an attorney for a consultation so that you can give all facts and get a more thorough analysis as it seems you have some concerns. Feel free to call / email my office at (904) 296-9232 or jmf@fakhrelaw.com to schedule a consultation.

  4. Stephen D. Berman

    Contributor Level 20

    1

    Lawyer agrees

    Answered . If there is a finding of fraud in the first marriage, she will have problems. If not, and she meets the requirements for adjustment of status such as lawful entry, and not a visa waiver, then there should be no problem.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  5. Nicklaus James Misiti

    Contributor Level 19

    1

    Lawyer agrees

    Answered . As long as both marriages were in good faith it should be ok. Make sure you work with an immigration attorney because your case has a few extra complications. My firm handles marriage based immigration throughout the US.
    Regards,
    Nick Misiti
    Misiti Global
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an... more
  6. Deborah Lynne Karapetian

    Contributor Level 18

    Answered . We do not know how she entered, and why she failed to respond. But if she meets all of the qualifications to adjust, then she should be OK if her first marriage was not fraudulent.

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