I-130 denied

[john213 0]

My current girlfriend is still legally married but has been separated for over 3 years. When they were married her husband filed an I-130 form but they were denied and broke up shortly after. We have been dating for 2 years and are ready to get our lives started together. We want to get married. Is it possible to get a divorce marry and then file a new I-130?

[patient2010 93]

yes it is possible just make sure u document everything!!! good luck

[marriedtomrg 141]

Which country is your gf from? Who initiated their divorce proceedings, her or her ex-husband?

You may want to provide some additional information about yourself and your gf on your profile, and create a timeline through this link: http://www.visajourney.com/timeline/profile.php?id=92689

This will help other VJ members answer your questions. Also, depending on where your gf is from, there are regional discussion boards here where she can connect with members from the same country of origin as hers and get some location-specific answers.

My current girlfriend is still legally married but has been separated for over 3 years. When they were married her husband filed an I-130 form but they were denied and broke up shortly after. We have been dating for 2 years and are ready to get our lives started together. We want to get married. Is it possible to get a divorce marry and then file a new I-130?

[Deputy Purple 1,294]

marriedtomrg's response is right on the money.

So much depends on what country she is from. For example if she in the Philippines it isn't as simple as get divorced.

The good news for you is that the I-130 denial isn't that same as a Visa denial. Basically her admissibility hasn't been determined yet, just if the petitioner could sponsor her for immigration to the US. Unless there were false documents submitted relating to her (birth certificate/marriage certificate) then there shouldn't be any negative impact on her.

[john213 0]

Hi. She is from Trinidad and Tobago. She has been living in the US since she was 14. She is now 24. She has no family in Trinidad and seeing that she went high school here in the US has no job or ties to Trinidad. Her mother is now a US citizen also. We just don't know which way to go about filing. Should we allow her mother to do it or would it be easier for us to do it? As far as the divorce, nothing has been done yet. She was going to file the papers. Would it be better if her ex handled the divorce instead?

[john213 0]

Which country is your gf from? Who initiated their divorce proceedings, her or her ex-husband?

You may want to provide some additional information about yourself and your gf on your profile, and create a timeline through this link: http://www.visajourney.com/timeline/profile.php?id=92689

This will help other VJ members answer your questions. Also, depending on where your gf is from, there are regional discussion boards here where she can connect with members from the same country of origin as hers and get some location-specific answers.

Hi. She is from Trinidad and Tobago. She has been living in the US since she was 14. She is now 24. She has no family in Trinidad and seeing that she went high school here in the US has no job or ties to Trinidad. Her mother is now a US citizen also. We just don't know which way to go about filing. Should we allow her mother to do it or would it be easier for us to do it? As far as the divorce, nothing has been done yet. She was going to file the papers. Would it be better if her ex handled the divorce instead?

[marriedtomrg 141]

Ok...that depends...what visa did your gf use to enter the US? Or was she admitted under the visa waiver program?

You really should update your profile and your timeline...

Hi. She is from Trinidad and Tobago. She has been living in the US since she was 14. She is now 24. She has no family in Trinidad and seeing that she went high school here in the US has no job or ties to Trinidad. Her mother is now a US citizen also. We just don't know which way to go about filing. Should we allow her mother to do it or would it be easier for us to do it? As far as the divorce, nothing has been done yet. She was going to file the papers. Would it be better if her ex handled the divorce instead?

[JimVaPhuong 4,863]

Hi. She is from Trinidad and Tobago. She has been living in the US since she was 14. She is now 24. She has no family in Trinidad and seeing that she went high school here in the US has no job or ties to Trinidad. Her mother is now a US citizen also. We just don't know which way to go about filing. Should we allow her mother to do it or would it be easier for us to do it? As far as the divorce, nothing has been done yet. She was going to file the papers. Would it be better if her ex handled the divorce instead?

Because your girlfriend is married, her mother could only file an I-130 for an FB3 visa. According to the current visa bulletin, her priority date wouldn't become current for about 8 years, which means she couldn't file to adjust status until then. I doubt she wants to wait that long. If she gets divorced, her mother could file for an FB1 visa. That shortens the time to about 4 years - still a long time.

It doesn't matter who initiates the divorce. The other members mentioned it because it is a specific problem with people from the Philippines. A Filipino cannot initiate a divorce from a foreign spouse themselves. If they do, their divorce cannot be judicially recognized in the Philippines. If they remarry, they risk being found guilty of bigamy if they return to the Philippines. This is a problem which is singularly unique to the Philippines. It doesn't apply to your girlfriend.

You need to know why specifically her first I-130 was denied. If they determined she was inadmissible then that inadmissibility might still apply, and a subsequent I-130 would also be denied for the same reason. First and foremost, she must have entered the US legally. If not, there are very few options that would allow her to adjust status.

[VanessaTony 3,567]

Is she still in the US? Is she overstaying a previous visa? Or is she on another visa? Or is she in her home country.

If she is still in the US I would also think that her getting a divorced after one failed I-130, then marrying someone else and filing yet ANOTHER I-130 would look suss... It looks like she's GC shopping

I'm going to move this topic as it isn't an AOS (FAmily) issue.

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Bringing Family Members of US Citizens to America" as the prior forum is for K1, K2, K3 & K4 visas so this is a more appropriate location**

Edited October 2, 2010 by Vanessa&Tony

[Darnell 8,479]

well poodles.

what is her current visa,

and

on what visa did she enter the USA ?

and

what is her 'last issued visa' ?

[desert_fox 32]

My current girlfriend is still legally married but has been separated for over 3 years. When they were married her husband filed an I-130 form but they were denied and broke up shortly after. We have been dating for 2 years and are ready to get our lives started together. We want to get married. Is it possible to get a divorce marry and then file a new I-130?

It's kinda difficult to be denied for a bonafied marriage.

Are you sure there is something more to the story that may affect a I-130 that you file for her??

[JoannaV 174]

The first step is for her to get a divorce. May as well worry about one thing at a time, so focus on that first.