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Divorce and Reapply??

By gogo in Effects of Major Family Changes on Immigration Benefits

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gogo Proficient

gogo   6

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

I was married to a US Citizen and applied for the I-130 and didn't go through the "final interview" yet.. However, we got divorced before the I-130 (green card) was approved.. The guy canceled because there were irreconcilable differences.. In the system, there is our pending case now... no denial, no approval..

last year, I met a nice guy who is also US Citizen, and we plan on getting married soon.. how will this affect our marriage and application for my new I-130 next year? It has been over 1 year since my first I-130 cancellation.. Will this affect my new I-130 application when I apply next year (2 years from cancellation)? The first one has already been cancelled last year.. Can you please give me any advice?

I-130 STAGE 1 : 533 days - 1 year 6 months (4/16/2007 to 9/22/2008)

Priority Date I-130 : 4/16/2007 ( 533 days , APPROVED 9/22/2008)
Transferred to local office based on "security checks" : 11/27/2007
wrote hundreds of letters - received letter from FBI Records Management Chief stating no security checks
local office interview : 2/21/2008 - brought my parents too (result : you will get approval within 2-3 weeks)
5/2/2008 - (lawsuit) Writ of Mandamus - OFFICIAL DATE (7/29/2008)
9/22/2008 - CALL AND EMAIL COPY OF APPROVAL NOTICE FROM LAWYER

NVC STAGE 2 : 99 days - 3 months (9/30/2008 to 1/7/2009)
NVC Received : 9/30/2008
Received Packet 3 (I-864/DS-230) : 11/10/2008
NVC says "RFE sent out 12/9/08 for missing documents" : 12/10/2008
CASE COMPLETE - 1/7/2009

CONSULATE STAGE 3 : 96 days - 3 months (1/8/2009 to 4/14/2009)
CLEARED CUSTOMS - 3/10/2009
**APPOINTMENT DATE : 4/14/2009, 7:15AM**
** BLUE SLIP **

AP STAGE 4 : 97 days - 3 months (4/14/2009 to 7/20/2009)
DOS call to receive I-601 (Waiver of Grounds for Inadmissibility - basically denial) from Guangzhou : 6/24/2009

REMOVAL OF I-601 due to my letters to the USCIS Director, Michael Aytes: 6/29/2009
CALL-IN LETTER NOTIFIED : 7/8/2009
CALL-IN LETTER (APPROVAL)!! : 7/16/2009
ALL DONE!! (got both GREEN CARD & SSN CARD) : 10/1/2009

"http://www.visajourney.com/forums/topic/194075-feel-like-a-cr-1-csc-castaway/page-60" (pages 53-63) for more updates and letter I wrote to Director Michael Aytes and his replies and back and forth..

HER PARENTS - 10 months so far

I-130 Sent In : 1/7/2013

I-130 Approval : 3/28/2013

Transfer to NVC : 6/12/2013

Case Complete : 8/25/2013

"Ready for Interview" (Ready to wait for 1-3 Months, this is official NVC letter transfer date) : 9/9/2013

DHL Tracking : arrived 9/24/2013

P4 Letter : 11/21/2013

Interview Date : 12/9/2013, originally 12/3, stupid lawyer filled out her dad's passport number wrong..

Interview Passed : 12/9/2013

Visa "Issued" on CEAC : 12/10/2013

William33 Veteran

William33   110

Posted
Filed: Lift. Cond. (apr) Country: Indonesia
 Timeline
Posted

gogo,

You say cancelled, yet pending? Has your petition been formally cancelled? If not, you need to square that away before anything else.

I was married to a US Citizen and applied for the I-130 and didn't go through the "final interview" yet.. However, we got divorced before the I-130 (green card) was approved.. The guy canceled because there were irreconcilable differences.. In the system, there is our pending case now... no denial, no approval..

last year, I met a nice guy who is also US Citizen, and we plan on getting married soon.. how will this affect our marriage and application for my new I-130 next year? It has been over 1 year since my first I-130 cancellation.. Will this affect my new I-130 application when I apply next year (2 years from cancellation)? The first one has already been cancelled last year.. Can you please give me any advice?

gogo Proficient

gogo   6

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
  • Author
Posted

1st I-130 = already cancelled (already hired lawyer)

2nd time = wait for 2 years to apply (with new marriage)

With my 2nd husband, will he have to get a lawyer to help?

Do you recommend any lawyers in California? (where my husband lives)

I-130 STAGE 1 : 533 days - 1 year 6 months (4/16/2007 to 9/22/2008)

Priority Date I-130 : 4/16/2007 ( 533 days , APPROVED 9/22/2008)
Transferred to local office based on "security checks" : 11/27/2007
wrote hundreds of letters - received letter from FBI Records Management Chief stating no security checks
local office interview : 2/21/2008 - brought my parents too (result : you will get approval within 2-3 weeks)
5/2/2008 - (lawsuit) Writ of Mandamus - OFFICIAL DATE (7/29/2008)
9/22/2008 - CALL AND EMAIL COPY OF APPROVAL NOTICE FROM LAWYER

NVC STAGE 2 : 99 days - 3 months (9/30/2008 to 1/7/2009)
NVC Received : 9/30/2008
Received Packet 3 (I-864/DS-230) : 11/10/2008
NVC says "RFE sent out 12/9/08 for missing documents" : 12/10/2008
CASE COMPLETE - 1/7/2009

CONSULATE STAGE 3 : 96 days - 3 months (1/8/2009 to 4/14/2009)
CLEARED CUSTOMS - 3/10/2009
**APPOINTMENT DATE : 4/14/2009, 7:15AM**
** BLUE SLIP **

AP STAGE 4 : 97 days - 3 months (4/14/2009 to 7/20/2009)
DOS call to receive I-601 (Waiver of Grounds for Inadmissibility - basically denial) from Guangzhou : 6/24/2009

REMOVAL OF I-601 due to my letters to the USCIS Director, Michael Aytes: 6/29/2009
CALL-IN LETTER NOTIFIED : 7/8/2009
CALL-IN LETTER (APPROVAL)!! : 7/16/2009
ALL DONE!! (got both GREEN CARD & SSN CARD) : 10/1/2009

"http://www.visajourney.com/forums/topic/194075-feel-like-a-cr-1-csc-castaway/page-60" (pages 53-63) for more updates and letter I wrote to Director Michael Aytes and his replies and back and forth..

HER PARENTS - 10 months so far

I-130 Sent In : 1/7/2013

I-130 Approval : 3/28/2013

Transfer to NVC : 6/12/2013

Case Complete : 8/25/2013

"Ready for Interview" (Ready to wait for 1-3 Months, this is official NVC letter transfer date) : 9/9/2013

DHL Tracking : arrived 9/24/2013

P4 Letter : 11/21/2013

Interview Date : 12/9/2013, originally 12/3, stupid lawyer filled out her dad's passport number wrong..

Interview Passed : 12/9/2013

Visa "Issued" on CEAC : 12/10/2013

William33 Veteran

William33   110

Posted
Filed: Lift. Cond. (apr) Country: Indonesia
 Timeline
Posted

gogo,

An immigration attorney would be a big help to your case.

You may want to check with AILA. I would suggest you get a direct recommendation from someone, as all lawyers are not equal.

http://www.aila.org/

1st I-130 = already cancelled (already hired lawyer)

2nd time = wait for 2 years to apply (with new marriage)

With my 2nd husband, will he have to get a lawyer to help?

Do you recommend any lawyers in California? (where my husband lives)

gogo Proficient

gogo   6

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
  • Author
Posted

Thank you for your help. I will look on the website that you provided for me.. Anyone else has good advice that they can give me?

I-130 STAGE 1 : 533 days - 1 year 6 months (4/16/2007 to 9/22/2008)

Priority Date I-130 : 4/16/2007 ( 533 days , APPROVED 9/22/2008)
Transferred to local office based on "security checks" : 11/27/2007
wrote hundreds of letters - received letter from FBI Records Management Chief stating no security checks
local office interview : 2/21/2008 - brought my parents too (result : you will get approval within 2-3 weeks)
5/2/2008 - (lawsuit) Writ of Mandamus - OFFICIAL DATE (7/29/2008)
9/22/2008 - CALL AND EMAIL COPY OF APPROVAL NOTICE FROM LAWYER

NVC STAGE 2 : 99 days - 3 months (9/30/2008 to 1/7/2009)
NVC Received : 9/30/2008
Received Packet 3 (I-864/DS-230) : 11/10/2008
NVC says "RFE sent out 12/9/08 for missing documents" : 12/10/2008
CASE COMPLETE - 1/7/2009

CONSULATE STAGE 3 : 96 days - 3 months (1/8/2009 to 4/14/2009)
CLEARED CUSTOMS - 3/10/2009
**APPOINTMENT DATE : 4/14/2009, 7:15AM**
** BLUE SLIP **

AP STAGE 4 : 97 days - 3 months (4/14/2009 to 7/20/2009)
DOS call to receive I-601 (Waiver of Grounds for Inadmissibility - basically denial) from Guangzhou : 6/24/2009

REMOVAL OF I-601 due to my letters to the USCIS Director, Michael Aytes: 6/29/2009
CALL-IN LETTER NOTIFIED : 7/8/2009
CALL-IN LETTER (APPROVAL)!! : 7/16/2009
ALL DONE!! (got both GREEN CARD & SSN CARD) : 10/1/2009

"http://www.visajourney.com/forums/topic/194075-feel-like-a-cr-1-csc-castaway/page-60" (pages 53-63) for more updates and letter I wrote to Director Michael Aytes and his replies and back and forth..

HER PARENTS - 10 months so far

I-130 Sent In : 1/7/2013

I-130 Approval : 3/28/2013

Transfer to NVC : 6/12/2013

Case Complete : 8/25/2013

"Ready for Interview" (Ready to wait for 1-3 Months, this is official NVC letter transfer date) : 9/9/2013

DHL Tracking : arrived 9/24/2013

P4 Letter : 11/21/2013

Interview Date : 12/9/2013, originally 12/3, stupid lawyer filled out her dad's passport number wrong..

Interview Passed : 12/9/2013

Visa "Issued" on CEAC : 12/10/2013

trlarson Rookie

trlarson   0

Posted
Filed: K-3 Visa Timeline
Posted

Make sure you get a copy of the divorce decree or certificate. When you do all your paperwork again, you will need to prove that you have been divorced.

Thank you for your help. I will look on the website that you provided for me.. Anyone else has good advice that they can give me?
Jasman0717 Grand Master

Jasman0717   9

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted (edited)

:time:

Your situation could be a good reference for others that will follow so if you can post details of your progress I am sure it could be beneficial to others. Thanks

Edited by jasman0717

usa_fl_sm_nwm.gifphilippines_fl_md_clr.gif

United States & Republic of the Philippines

"Life is hard; it's harder if you're stupid." John Wayne

gogo Proficient

gogo   6

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
  • Author
Posted

Thanks everyone for your input and advice!! Very helpful.. I will keep everyone update with news as they occur..

First I-130 cancelled (April 2006), divorce was a few months before that..

Second I-130 (want to apply April 2007).. 1 year.. is that enough time? or should I wait longer? :(

I-130 STAGE 1 : 533 days - 1 year 6 months (4/16/2007 to 9/22/2008)

Priority Date I-130 : 4/16/2007 ( 533 days , APPROVED 9/22/2008)
Transferred to local office based on "security checks" : 11/27/2007
wrote hundreds of letters - received letter from FBI Records Management Chief stating no security checks
local office interview : 2/21/2008 - brought my parents too (result : you will get approval within 2-3 weeks)
5/2/2008 - (lawsuit) Writ of Mandamus - OFFICIAL DATE (7/29/2008)
9/22/2008 - CALL AND EMAIL COPY OF APPROVAL NOTICE FROM LAWYER

NVC STAGE 2 : 99 days - 3 months (9/30/2008 to 1/7/2009)
NVC Received : 9/30/2008
Received Packet 3 (I-864/DS-230) : 11/10/2008
NVC says "RFE sent out 12/9/08 for missing documents" : 12/10/2008
CASE COMPLETE - 1/7/2009

CONSULATE STAGE 3 : 96 days - 3 months (1/8/2009 to 4/14/2009)
CLEARED CUSTOMS - 3/10/2009
**APPOINTMENT DATE : 4/14/2009, 7:15AM**
** BLUE SLIP **

AP STAGE 4 : 97 days - 3 months (4/14/2009 to 7/20/2009)
DOS call to receive I-601 (Waiver of Grounds for Inadmissibility - basically denial) from Guangzhou : 6/24/2009

REMOVAL OF I-601 due to my letters to the USCIS Director, Michael Aytes: 6/29/2009
CALL-IN LETTER NOTIFIED : 7/8/2009
CALL-IN LETTER (APPROVAL)!! : 7/16/2009
ALL DONE!! (got both GREEN CARD & SSN CARD) : 10/1/2009

"http://www.visajourney.com/forums/topic/194075-feel-like-a-cr-1-csc-castaway/page-60" (pages 53-63) for more updates and letter I wrote to Director Michael Aytes and his replies and back and forth..

HER PARENTS - 10 months so far

I-130 Sent In : 1/7/2013

I-130 Approval : 3/28/2013

Transfer to NVC : 6/12/2013

Case Complete : 8/25/2013

"Ready for Interview" (Ready to wait for 1-3 Months, this is official NVC letter transfer date) : 9/9/2013

DHL Tracking : arrived 9/24/2013

P4 Letter : 11/21/2013

Interview Date : 12/9/2013, originally 12/3, stupid lawyer filled out her dad's passport number wrong..

Interview Passed : 12/9/2013

Visa "Issued" on CEAC : 12/10/2013

anya-D Proficient

anya-D   8

Posted
Filed: Citizen (apr) Country: Thailand
 Timeline
Posted

umm.. some how I thought that you caouldnt adjust status base on a marriage to a different patitioner than of the K-1... exept from an abusive spouse case.. please correct me if i'm wrong.

K-1 = 4 months

AOS = 5 months

I-751 = almost one year

I Love My Life With You

"A society is judged by how it treats its animals and elderly"

PurrSuede Collaborator

PurrSuede   0

Posted
Filed: Timeline
Posted
umm.. some how I thought that you caouldnt adjust status base on a marriage to a different patitioner than of the K-1... exept from an abusive spouse case.. please correct me if i'm wrong.

I believe she said I-130, which would be the K-3 visa, the I-129F is for the K-1 (fiancee visa)

-- Dan

anya-D Proficient

anya-D   8

Posted
Filed: Citizen (apr) Country: Thailand
 Timeline
Posted

umm.. some how I thought that you caouldnt adjust status base on a marriage to a different patitioner than of the K-1... exept from an abusive spouse case.. please correct me if i'm wrong.

I believe she said I-130, which would be the K-3 visa, the I-129F is for the K-1 (fiancee visa)

-- Dan

oh thanks.. It didnt corss my mind there :hehe:

K-1 = 4 months

AOS = 5 months

I-751 = almost one year

I Love My Life With You

"A society is judged by how it treats its animals and elderly"

gogo Proficient

gogo   6

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
  • Author
Posted

hi everyone, how long would I have to wait to apply for a new visa? I just can't apply "tomorrow", and it just won't work.. they will think I want to "emigrate" to America using this purpose.. which is not true.. =( most people said wait about 6 months to 1 year after I-130 cancellation.. is that enough time?

I-130 STAGE 1 : 533 days - 1 year 6 months (4/16/2007 to 9/22/2008)

Priority Date I-130 : 4/16/2007 ( 533 days , APPROVED 9/22/2008)
Transferred to local office based on "security checks" : 11/27/2007
wrote hundreds of letters - received letter from FBI Records Management Chief stating no security checks
local office interview : 2/21/2008 - brought my parents too (result : you will get approval within 2-3 weeks)
5/2/2008 - (lawsuit) Writ of Mandamus - OFFICIAL DATE (7/29/2008)
9/22/2008 - CALL AND EMAIL COPY OF APPROVAL NOTICE FROM LAWYER

NVC STAGE 2 : 99 days - 3 months (9/30/2008 to 1/7/2009)
NVC Received : 9/30/2008
Received Packet 3 (I-864/DS-230) : 11/10/2008
NVC says "RFE sent out 12/9/08 for missing documents" : 12/10/2008
CASE COMPLETE - 1/7/2009

CONSULATE STAGE 3 : 96 days - 3 months (1/8/2009 to 4/14/2009)
CLEARED CUSTOMS - 3/10/2009
**APPOINTMENT DATE : 4/14/2009, 7:15AM**
** BLUE SLIP **

AP STAGE 4 : 97 days - 3 months (4/14/2009 to 7/20/2009)
DOS call to receive I-601 (Waiver of Grounds for Inadmissibility - basically denial) from Guangzhou : 6/24/2009

REMOVAL OF I-601 due to my letters to the USCIS Director, Michael Aytes: 6/29/2009
CALL-IN LETTER NOTIFIED : 7/8/2009
CALL-IN LETTER (APPROVAL)!! : 7/16/2009
ALL DONE!! (got both GREEN CARD & SSN CARD) : 10/1/2009

"http://www.visajourney.com/forums/topic/194075-feel-like-a-cr-1-csc-castaway/page-60" (pages 53-63) for more updates and letter I wrote to Director Michael Aytes and his replies and back and forth..

HER PARENTS - 10 months so far

I-130 Sent In : 1/7/2013

I-130 Approval : 3/28/2013

Transfer to NVC : 6/12/2013

Case Complete : 8/25/2013

"Ready for Interview" (Ready to wait for 1-3 Months, this is official NVC letter transfer date) : 9/9/2013

DHL Tracking : arrived 9/24/2013

P4 Letter : 11/21/2013

Interview Date : 12/9/2013, originally 12/3, stupid lawyer filled out her dad's passport number wrong..

Interview Passed : 12/9/2013

Visa "Issued" on CEAC : 12/10/2013

kim&james Proficient

kim&james   0

Posted
Filed: AOS (apr) Country: New Zealand
 Timeline
Posted

Can i just ask here.... you are in america? you have divorced your original sponser? you are or have remarried?

The questions about a new visa... are you planning on leaving the country and reapplying for a new visa? or are you just going to try to adjust your status based on your new marriage filing a new I130 and not leave the country?

Both of these scenarios are going to need qualified help and Im really not sure how you will go without leaving the country... I thought that you would not be eligible but please check with a lawyer...

I 130 & I129F (K3) and AOS info in timeline

 
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