Immigration Issues/immigration help
Hi, I met my husband Sky in 2000. He told me right away that he is originally from Fiji and got married to a US citizen woman in 1998 and came over to the states in 1999. When he came to the states, his ex wife told him that she was forced into the marriage and does not want to be with him anymore and asked him to move out. In 2000, Sky and I met and instantly fell in love. He filed for divorce but his wife did not show up for the divorce preecedings and his divorce was delayed. Finally in December 2004, Sky was told by his divorce lawyer that he is divorced. Sky would go down to the immigration office every year and they would stamp his passport for one extra year as his petition to remove his conditional PR was pending. Sky and I got married in January 2005 and we went to the immigration to ask them for advice on what we should do now. The officers told us that there is already a petition for Sky to remove his conditional permanent residence and that they need some more time to research for it and told us to come back in a year so that they can stamp his passport. Well, we went yesterday and they told us that they mailed us a receipt in September 2005 and denied his petition and as of now, he has a month to leave the country. We have received no such letter and they said its too late to appeal for another decision. I explained to them that I am a US Citizen and I have been with Sky since 2000 and we have been married for over a year and have lived together since we got together. We have our house under our names, house loan, cars, bank accounts, everything. They said there is nothing that they can do. We are both very devastated. Sky has a wonderful job and we purchased our first house last August. Sky entered in his previous marriage in good faith and his ex-wife did not want to be with him and therefore they divorced and I met him and we got married. Please tell me there is something that we can do about it. Something that I can file and petition for Sky on my behalf. Please help. We do not have enough time and we only have a month to make this right before he leaves the country. The immigration knew from the begining that he and his wife were seperated and waiting to have their divorce finalized.
Well, I am rather skeptical of this scenario. His ex wife claims she was forced into the marriage? By who? he didn't get the notice of the denial more than likely for failing to provide an accurate address. Appeals can be filed up to 30 days from the date of decision.
At this point, he must return to his home country before he is formally deported. If this occurs, he will be banned from the United States for a minimum of 5 years. You can still petition for him, but he must be outside the country at this point. He will need to provide a certifide copy of his divorce and that of your marriage.