Permanent resident file for i130

[201nick 0]

I am living in Kentucky. Get divorce last year in 19 march 2011. Get the court divorce papers which saying that marriage is dissolved and master commissioner and judge sign on that. My attorney told me that my divorce get done and give me the divorce papers.

I am a permanent resident.

I went back to my home country and get marry there.And came back to USA file I-130 in April 2012. Now my family attorney received a notice(08-27-2012) from court saying that final divorce decree will be signed by the judge in next week 09-05-2012.Family attorney said my current marriage is not valid because the papers we received last year was not final divorce decree and she feel sorry and apologize for that. But I am in trouble now.

What to do next.

[Penguin_ie 5,992]

1. Fire the first attorney who told you the wrong thing (but really, why did it take a year and a half to get divorce papers signed???)

2. Withdraw the I-130

3. Go visit your partner again, get married again.

4. Re-file.

[201nick 0]

Divorce hearing get done last year in march 2011. And my attorney received the papers which clearly shows that marriage was dissolved. Signed by judge too. Only don't have seal on it. She thought it was the original decree but she got surprised to see that notice.She is agree to give me a letter which clarify that it's all miss-understanding (Because divorce papers look like original divorce decree.) Should I have to proceed with that. Even she is ready on my behalf to talk to the uscis in case if they raise any question. Should I have to wait or just married again. If I have to marry again with her may be I need a divorce from her first and then married again.I know it's all big mess.In that case If I file again I-130 uscis may be raise a question too why we divorce and marry again.

Thanks for help.

[NigeriaorBust 4,087]

How did you get your green card ? If it was by marriage to a USC and was less than 5 years ago that is another road block to being able to file an I130

[201nick 0]

How did you get your green card ? If it was by marriage to a USC and was less than 5 years ago that is another road block to being able to file an I130

NO you can file I-130 but have to wait long.That's not a big issue. Just wait period is long and upgrade your case when you become a USC.

[NigeriaorBust 4,087]

NO you can file I-130 but have to wait long.That's not a big issue. Just wait period is long and upgrade your case when you become a USC.

Wrong don't give bad advise Read section 5 of who may NOT use an I130 . There is a prohibition of filing for 5 years if you got your green card by marriage unless your spouse died or you can prove you aren't trying to commit fraud. Trying to prove it isn't fraud can seriously backfire and cause the petitioner to lose status also.

[201nick 0]

Wrong don't give bad advise Read section 5 of who may NOT use an I130 . There is a prohibition of filing for 5 years if you got your green card by marriage unless your spouse died or you can prove you aren't trying to commit fraud. Trying to prove it isn't fraud can seriously backfire and cause the petitioner to lose status also.

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Who are giving a bad advise ,gain your knowledge. And if you are real nothing backfire happen . Sorry friend but you have very less knowledge. So, please don't advise me on that.My topic is something different from that. And let me tell you here go to www.uscis.gov and check a permanent resident file I-130 yes or not and then came back here to talk.

[Boiler 44,852]

It might help if we knew what Nationality you are.

[NigeriaorBust 4,087]

Wrong don't give bad advise Read section 5 of who may NOT use an I130 . There is a prohibition of filing for 5 years if you got your green card by marriage unless your spouse died or you can prove you aren't trying to commit fraud. Trying to prove it isn't fraud can seriously backfire and cause the petitioner to lose status also.

Who are giving a bad advise ,gain your knowledge. And if you are real nothing backfire happen . Sorry friend but you have very less knowledge. So, please don't advise me on that.My topic is something different from that. And let me tell you here go to www.uscis.gov and check a permanent resident file I-130 yes or not and then came back here to talk.

As I said READ THE INSTRUCTIONS There is a very short list of who may NOT use form I130 .

It clearly states that if you got your green card less then 5 years ago by marriage you can NOT file an 130 for a new spouse. But if you don't believe me go ahead and file. They will gladly take your money and deny you. It is no difference to me if you have the money to throw away. This rule is to prevent a scammer from using a US person to get them here then dump them for someone waiting back home. After 5 years has passed you can use the form. So in answer to your exactly question, A permament resident may use an I130 to petition a spouse UNLESS they themselvees got a green card less than 5 years ago by marriage. ( unless that marriage ended by the death of the origional spouse) If your original green card was through a marriage to a US person and was of very short duration be prepared for the "new" marriage to be carefull examined to see if the origianl marriage was legit.

[201nick 0]

As I said READ THE INSTRUCTIONS There is a very short list of who may NOT use form I130 .

It clearly states that if you got your green card less then 5 years ago by marriage you can NOT file an 130 for a new spouse. But if you don't believe me go ahead and file. They will gladly take your money and deny you. It is no difference to me if you have the money to throw away. This rule is to prevent a scammer from using a US person to get them here then dump them for someone waiting back home. After 5 years has passed you can use the form. So in answer to your exactly question, A permament resident may use an I130 to petition a spouse UNLESS they themselvees got a green card less than 5 years ago by marriage. ( unless that marriage ended by the death of the origional spouse) If your original green card was through a marriage to a US person and was of very short duration be prepared for the "new" marriage to be carefull examined to see if the origianl marriage was legit.

I read it And I'm eligible for that.That's why I applied it. Any way friends thanks for suggestions. I'm going to delete my profile very soon because some big attorney's are here. Good luck to all of you.

[201nick 0]

It might help if we knew what Nationality you are.

Why are you a racist to check nationality and help some one.

[201nick 0]

Thanks Queen Penguim Your answer make a sense. Rest all reply don't make any sense to me.

I find the best answer for my question is that go back to courthouse and check with them. Because I have divorce papers which signed and stamp by judge in last year dates maybe it's just an error in there system.

Thanks folks and One more thing we are all American here. don't see any nationality to help someone maybe some one need it very badly.

And Igwe and lolo thanks for help too. You try your best to find out my way.

[Penguin_ie 5,992]

Why are you a racist to check nationality and help some one.

If you keep being short with people and accusing them of stuff when they are trying to help, you are not going to get many people to reply to your posts....

Nationality is important; the rules of what is acceptable and what is a huge red flag will depend a lot on where you are interviewing.

[Boiler 44,852]

I asked for your nationality, not your race.

[201nick 0]

Hi Friends

As I told you I have to go back to the court house and find out a solution. I did. I explained to judge every single thing. The paper they gave me was legal separation which have judge sign and a stamp look like an Original Divorce Decree. Well I was honest and loyal , was not in guilty(Not my fault). So, I got my final decree and they restore my divorce date from last year. Thanks God it got solved.

Well my case is solved but I want to write down something here.

1) Friends nobody is a legal Attorney on these kinda sites.

2) Everybody has some different kind of problems (All cases are different).

3) Believe in yourself.

4) These kinda sites good for case study, Don't follow any decision from here.Because you have to find out your own solution. Like I did.

Like in my case

1st opinion by Queen Penguin

1. Fire the first attorney who told you the wrong thing (but really, why did it take a year and a half to get divorce papers signed???)

2. Withdraw the I-130

3. Go visit your partner again, get married again.

4. Re-file.

If I follow her advice then I will have a big problem. More Questions to immigration like why I withdraw my first i-130 case n why i divorce her and re-marry again her. Not a safe side. So, I drop that idea.

2nd opinion by gwe and lolo

How did you get your green card ? If it was by marriage to a USC and was less than 5 years ago that is another road block to being able to file an I130

Wrong don't give bad advise Read section 5 of who may NOT use an I130 . There is a prohibition of filing for 5 years if you got your green card by marriage unless your spouse died or you can prove you aren't trying to commit fraud. Trying to prove it isn't fraud can seriously backfire and cause the petitioner to lose status also.

1. I was looking help here and he asked me how did I got my greencard. That was not the answer of my question.

2. "Backfire you can lose your status". Why we are scared to lose the status. According to you always be quiet doesn't matter what your spouse doing with you because you can lose the status. No, "We have court here and judges here". If you are honest they are all listen you. Why need to be scared I don't understand.

3rd opinion by Long Time Member

It might help if we knew what Nationality you are.

I asked for your nationality, not your race.

1. I know the difference between a race and Nationality.

2. Why you use the word "might", means you are putting conditions on me . If you don't like my Nationality you will not help me. Your small sentence telling me lot of things. Means a Doc. have to ask patient I can give you a treatment if I know your Nationality.

Well friends this is the first and last time I use this kinda site. Got good experience from here.But I want to tell you one thing ask yourself you are right or wrong you will find all answer. Just read the case study and asked your self what I have to do in my case. Like I did after listening some bull here. i made my own decision and help my self. "NOW BIG RED FLAG TURN INTO A HUGE GREEN FLAG"

Thanks