Marriage

[marie007 1]

Hello all.

I am Canadian, husband , US citizenship. We married in 2007, June 16th. My first marriage and only marriage. We file for IR1. They have written to my husband wanting proof of termination of any previous marriages I have had. I have only one to my husband and still married. What they do need for prove, we fill out the complete 1-130 out with a certified copy of marriage certificate, proof of marriages and so on. I only have till Feb 27th to answer and mailed this out. Please hurry with answer. Thanks.

Marie

[Darnell 8,478]

sounds like you have an RFE in the middle of I-130 adjudication.

For the 'spouse in question' -

you'll need some official report of 'no divorce record' from somewhere..

[Penguin_ie 5,994]

Are you sure they are asking about you? Maybe your husband was married before? If it is the first marriage for both of you, check your copy of the paperwork- maybe you ticked a box somewhere indicating you were married before?

[marie007 1]

Are you sure they are asking about you? Maybe your husband was married before? If it is the first marriage for both of you, check your copy of the paperwork- maybe you ticked a box somewhere indicating you were married before?

Hello all:

Yes, they are asking about me. My husband check the copy of 1-130, and says he didn't tick any box that would indicate I was married before. I check the box, married and check the number (1). Because I am married. We went throught this all before in 2009, and was approved. I move there, I move back because of sickness in family. The problems was at the border, where they told me I had to abandent, because I didn't know how long I would be. Now we had to start all over again. How do I prove I was not married before, am, still married to my husband in the US. It is a mistake or something. Is it possible that immigration made a mistake? Can my husband called them?

My husband was married before, and has included a copy of divorce. They are naming me.

Thanks for the response. If you can help in any way or any one else, I would greatly appreciate it.

Marie

[elya4848 3]

Hello all:

Yes, they are asking about me. My husband check the copy of 1-130, and says he didn't tick any box that would indicate I was married before. I check the box, married and check the number (1). Because I am married. We went throught this all before in 2009, and was approved. I move there, I move back because of sickness in family. The problems was at the border, where they told me I had to abandent, because I didn't know how long I would be. Now we had to start all over again. How do I prove I was not married before, am, still married to my husband in the US. It is a mistake or something. Is it possible that immigration made a mistake? Can my husband called them?

My husband was married before, and has included a copy of divorce. They are naming me.

Thanks for the response. If you can help in any way or any one else, I would greatly appreciate it.

Marie

Your husband should call USCIS as soon as possible.

[Darnell 8,478]

ah - so this was the 2nd I-130 on you ?

or did you come in initially on a K-1 visa ?

either way, if the prior petition was not listed on the I-130 (even for the same person)

and this 'issue' not covered in either the cover letter or an additional letter of attestation

then

IMO -

the current adjudicator is confused, and wants to see much on you, a prior green card holder.

[marie007 1]

ah - so this was the 2nd I-130 on you ?

or did you come in initially on a K-1 visa ?

either way, if the prior petition was not listed on the I-130 (even for the same person)

and this 'issue' not covered in either the cover letter or an additional letter of attestation

then

IMO -

the current adjudicator is confused, and wants to see much on you, a prior green card holder.

Hello again.

Yes, this is the second 1-130 for the same person, my husband. I abandent in November 2009. I was there for only 4 months. I return home not knowing all the rules. ( my faulth). I left due to illness in family. After two years of filling out forms back in 2007. I was so fed up on reading immigration. I was approved and everything went fine.

My husband and I made sure we included all information in the second 1-130 file back in October of 2010. Prior green card number. We included the number of the old 1-130, where it was file. The number of receit was included. In the first letter of content, we included further information listen in second letter of content. I have to agree they are confuse. But, we did included everything. How can we fix this? Thanks again for responding.

Marie

[Darnell 8,478]

I suggest:

1. letter of attestation

2. cover letter from local authority (city, county, province) stating there is no record of divorce on you, official looking on local authority letterhead.

send both back to the address listed on the RFE.

alternatively, you could try to sway an ISO (see http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm#5 ) over the telephone, but - you'll need to convince the ISO that the current adjudicator is missing the reading process, and that you have not been married prior. If/When the ISO is convinced, he/she MAY be able to convince the adjudicator to perform a 2nd 'eyeball review' of the casefile documents, and proceed without further documentation and without waiting on response from you on the RFE. MAYBE....

I really am confused by who is who, though.

Edited February 5, 2011 by Darnell