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Posted
Another thing to keep in mind: the ex-wife will need to be counted on the affidavit of support. His obligation does not end with divorce. So he will need to meet the income requirements for 3 persons unless it can be shown that she has abandoned her LPR status.

I'd imagine that deportation would also end the sponsor's obligation.

Wow! I believe she has abandoned her LPR Status as she has tried so many times to bring a case against him for abuse. Tried protective order but it bounced back on her and he was issued with the protective order against her instead, ha!

The possibility of deportation is looking slimmer by the day as we heard she is trying to runaway to NY or something. He earns a decent salary so even if we cannot get rid of her completely, he should still be able to meet the requirements. :thumbs:

Be sure to cross all "t's", they are going crazy in Nigeria these days not approving visa's for any reason at all. US laws are very different from laws in your country (im sure you know this already). make sure that wife no#1 is totally out of the picture before you apply for the visa, keep very good documented proof of everything concerning the ending of the old marriage, and the beginning of this new relationship...

Filed: Citizen (apr) Country: Colombia
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Posted

What a complicated issue, marriage, divorce, or an annulment. Can be either civil or religious where some religious marriages, divorces, or annulments may not be considered civil. With 203 different countries to deal with, the key factor is whether the USA recognizes these, marriages, divorces, or annulments from these countries. Annulments are generally preferred over a divorce as depending on the law, a marriage contract never existed in the first place if one of the parties had no intentions of fulfilling the conditions of a marriage contract. Not easy to prove, but the benefits are that marriage never existed. But complicated by the fact that if it was a religious marriage and the ceremony was certified by the state or country, that annulment doesn't count in civil law, so you are also required to have a divorce.

Or can work the other way around, civil considers the divorce is final, but the religious still considers you as married, but the USCIS goes by civil, at least in our case.

Was complicated for us, my wife's ex deserted her and his family, she had no intention of getting remarried and neither did I, until we met. He had disappeared off the face of the earth six full years prior to our meeting. But we had to locate him, worked with attorneys from three different countries with a US immigration attorney calling the shots as we intended on living here. Actually wasn't too expensive for the foreign attorneys as then, we had the power of the US dollar, but had additional expense to also free my wife's daughter from him so she could come as well. First it had to be determined which country the divorce had to be done in and even if the USA recognized that marriage and the corresponding divorce, they did. Would have preferred if my wife also received a religious annulment as well, but ran into unbelievable corruption, so screw them.

In your case would find a great US immigration attorney and also one from your home country to sort things out, and as you learn, not only dealing with the USCIS but the DOS as well, not one, but two governmental agencies and hopefully you two are true soulmates and will spend the rest of your lives together. Our procedure took a little over a year, but we both learned we can work together during that time and if I couldn't come up with solutions, she could, we are a team. Never had a fight nor an argument, but rational and logical decisions, it was worth the wait. The expense was not as bad as buying a new SUV and suffering 18 months of depreciation, whether you drove it or not but is a lifetime investment for both of us, strictly in dollars, my wife and I are soulmates, never believed in that until we met.

 
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