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being together before officially divorced

By tEe328cEe in IR-1 / CR-1 Spouse Visa Process & Procedures

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tEe328cEe Explorer

tEe328cEe   12

Posted
Filed: Citizen (pnd) Country: Philippines
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Posted

hi everyone... your opinion will be greatly appreciated =) thank you so much!

my situation is kinda complicated and i hope this wouldn't be one of the reasons why our petition for CR-1 (in the future) will be questioned. my fiance's divorce will be official on the last week of november (the crazy processing time plus the 6months waiting period is like waiting for forever) and we're getting married on december. then after we get married, he'll be filing for the CR-1 visa when he gets back in US. but of course, my fiance wasn't living with his ex-wife already before we met/since we've been together (but they're not yet officially divorced by that time. so i'm thinking the divorce decree says he's officially divorced november then we got married on december, is that an issue?

by the way, he has the divorce papers already last september but then the date says it'll be official on the last week of november.

AOS TIMELINE

07-14-14: Mailed AOS packet via USPS express mail

07-15-14: AOS packet delivered

07-17-14: Got email notification from USCIS

07-21-14: received 3 NOA1 (AOS, EAD, AP) from the mail

07-28-14: received biometrics appointment letter (schedule on 08-11)

08-11-14: biometrics done

08-19-14: status is on "Testing and Interview"

09-11-14: EAD/AP approved

09-19-14: EAD/AP combo card received

10-06-14: case status update - interview scheduled on 11-06-14

10-08-14: received interview notice in the mail

11-06-14: Interview (Approved)

11-06-14: case status update "Card/Document Production"

11-07-14: case status update "Welcome Notice was Mailed"

11-13-14: case status update "Card was mailed to Me"

11-15-14: received GC and Welcome letter

ROC TIMELINE:

09-07-16: mailed I-751 packet

09-09-16: ROC packet delivered

09-14-16: check cashed

09-16-16: NOA received

09-26-16: Biometrics appointment received

10-12-16: Biometrics done

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Tintin and Mike Experienced

Tintin and Mike   127

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

I don't think that there will be an issue there since they don't live together and relationship has ended.

It's not final until he has the actual Divorce Decree and also double check with the state where he filed the divorce that they don't have some 'waiting period' before they could legally marry another.

Good luck!

K1
05/22/12 - Mailed I-129F
08/17/12 - Approved I-129F NOA2 (85 days)
11/19/12 - Approved Visa!! (179 days)
12/01/12 - POE Honolulu, HI
12/21/12 - Wedding Day!
AOS, EAD and AP
01/05/13 - Mailed I-485, I-765 and I-131
01/09/13 - USCIS accepted case and received text
01/11/13 - Cashed check
01/08/13 - Received NOA1
01/18/13 - Received Biometrics Appointment Notice
01/22/13 - Early Biometrics Walk-in (scheduled Feb 7)
01/27/13 - We're pregnant!!
02/04/13 - Received Appointment Notice
03/04/13 - Approved EAD and AP (58 days)
03/12/13 - Received EAD and AP combo card
03/12/13 - Interview and Approved GC (63 days)
03/20/13 - Received Green Card

10/3/13 - Baby #1 arrived

2/17/14 - Pregnant again! LOL

10/20/14 - Baby #2 arrived
ROC
01/09/15 - Mailed I-751

01/12/15 - NOA

01/16/15 - Received NOA Letter

01/20/15 - Mailed DMV 1yr Extension

02/05/15 - Received Biometrics Letter

02/09/15 - Early Bio (Walk-IN)

02/19/15 - Biometrics Appointment

06/15/15 - Approved
06/15/15 - Card Ordered and Mailed

08/22/15 - Card Received

N-400 on or after 12/15/15



and they'll live happily ever, ever after...
Relationship Journey: Our pursuit to happiness

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tEe328cEe Explorer

tEe328cEe   12

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
  • Author
Posted

thanks for your reply =) anyway, he filed in cali so we have this 6 months crappy waiting period.. he asked his lawyer if he could get married after november and the lawyer said yes. i'm just troubled because of you know, they're not legally divorced yet but then they'e not living together. they might question the date of the divorce and the date of our wedding which will be just few days apart that's what i'm worried about. :hehe:

AOS TIMELINE

07-14-14: Mailed AOS packet via USPS express mail

07-15-14: AOS packet delivered

07-17-14: Got email notification from USCIS

07-21-14: received 3 NOA1 (AOS, EAD, AP) from the mail

07-28-14: received biometrics appointment letter (schedule on 08-11)

08-11-14: biometrics done

08-19-14: status is on "Testing and Interview"

09-11-14: EAD/AP approved

09-19-14: EAD/AP combo card received

10-06-14: case status update - interview scheduled on 11-06-14

10-08-14: received interview notice in the mail

11-06-14: Interview (Approved)

11-06-14: case status update "Card/Document Production"

11-07-14: case status update "Welcome Notice was Mailed"

11-13-14: case status update "Card was mailed to Me"

11-15-14: received GC and Welcome letter

ROC TIMELINE:

09-07-16: mailed I-751 packet

09-09-16: ROC packet delivered

09-14-16: check cashed

09-16-16: NOA received

09-26-16: Biometrics appointment received

10-12-16: Biometrics done

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hamigirl710 Proficient

hamigirl710   112

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

thanks for your reply =) anyway, he filed in cali so we have this 6 months crappy waiting period.. he asked his lawyer if he could get married after november and the lawyer said yes. i'm just troubled because of you know, they're not legally divorced yet but then they'e not living together. they might question the date of the divorce and the date of our wedding which will be just few days apart that's what i'm worried about. :hehe:

If it is official at the end of November and he has a 6 month no remarriage clause he needs to wait the 6 months. So that would be at the end of May 2013 that you could get married.


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Marriage: 7/12/10
Filed I-130: 9/10/12
NOA1: 9/17/12
Transferred to NBC: 9/19/12
Sent to local office for adjudication: 9/21/12
RFE for Beneficiary BC received 12/13/12
Mail BC in response to RFE 12/17/12
NOA2: 12/20/12
NVC case number assigned: 1/29/13
Sent DS-3032 email: 1/31/13
Received DS-3032 / I-864 Bill: 2/1/13
Pay I-864 Bill: 2/5/13
NVC Accepted DS-3032: 2/12/13
Received IV Bill: 2/13/13
Send Completed I-864: 2/16/13
NVC Received I-864 Package: 2/19/13
AOS Package accepted: 2/26/13
Pay IV Bill: 2/28/13
IV Packet Sent: 3/2/13
NVC Received IV Packet: 3/4/13
Case Completed at NVC: 3/13/13
Interview date: 4/30/13
APPROVED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

POE: pending

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tEe328cEe Explorer

tEe328cEe   12

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
  • Author
Posted

If it is official at the end of November and he has a 6 month no remarriage clause he needs to wait the 6 months. So that would be at the end of May 2013 that you could get married.

actually, his divorced papers was filed and finalized last May but then the 6months waiting period was added so it shows in his divorce decree that is official this november. and then his lawyer said we could get married anytime after november. i'm just worried about the date of the divorce and our wedding day (just a few days apart), might be an issue to them.

AOS TIMELINE

07-14-14: Mailed AOS packet via USPS express mail

07-15-14: AOS packet delivered

07-17-14: Got email notification from USCIS

07-21-14: received 3 NOA1 (AOS, EAD, AP) from the mail

07-28-14: received biometrics appointment letter (schedule on 08-11)

08-11-14: biometrics done

08-19-14: status is on "Testing and Interview"

09-11-14: EAD/AP approved

09-19-14: EAD/AP combo card received

10-06-14: case status update - interview scheduled on 11-06-14

10-08-14: received interview notice in the mail

11-06-14: Interview (Approved)

11-06-14: case status update "Card/Document Production"

11-07-14: case status update "Welcome Notice was Mailed"

11-13-14: case status update "Card was mailed to Me"

11-15-14: received GC and Welcome letter

ROC TIMELINE:

09-07-16: mailed I-751 packet

09-09-16: ROC packet delivered

09-14-16: check cashed

09-16-16: NOA received

09-26-16: Biometrics appointment received

10-12-16: Biometrics done

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hamigirl710 Proficient

hamigirl710   112

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

actually, his divorced papers was filed and finalized last May but then the 6months waiting period was added so it shows in his divorce decree that is official this november. and then his lawyer said we could get married anytime after november. i'm just worried about the date of the divorce and our wedding day (just a few days apart), might be an issue to them.

I do know that the US consulate in Casablanca would frown on it but I am not sure of the Philippines. Good Luck!


event.png


event.png



Marriage: 7/12/10
Filed I-130: 9/10/12
NOA1: 9/17/12
Transferred to NBC: 9/19/12
Sent to local office for adjudication: 9/21/12
RFE for Beneficiary BC received 12/13/12
Mail BC in response to RFE 12/17/12
NOA2: 12/20/12
NVC case number assigned: 1/29/13
Sent DS-3032 email: 1/31/13
Received DS-3032 / I-864 Bill: 2/1/13
Pay I-864 Bill: 2/5/13
NVC Accepted DS-3032: 2/12/13
Received IV Bill: 2/13/13
Send Completed I-864: 2/16/13
NVC Received I-864 Package: 2/19/13
AOS Package accepted: 2/26/13
Pay IV Bill: 2/28/13
IV Packet Sent: 3/2/13
NVC Received IV Packet: 3/4/13
Case Completed at NVC: 3/13/13
Interview date: 4/30/13
APPROVED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

POE: pending

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Penguin_ie Grand Master

Penguin_ie   5,993

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

It's not going to cause a denial, but they may look at your relationship extra close. If your soon-to-be husband has any documents stating he was legally separated from the ex when you met, it would be a good idea to include that.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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tEe328cEe Explorer

tEe328cEe   12

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
  • Author
Posted

thank you so much guys =) i just hope it won't cause us any problem along the visa processing...

AOS TIMELINE

07-14-14: Mailed AOS packet via USPS express mail

07-15-14: AOS packet delivered

07-17-14: Got email notification from USCIS

07-21-14: received 3 NOA1 (AOS, EAD, AP) from the mail

07-28-14: received biometrics appointment letter (schedule on 08-11)

08-11-14: biometrics done

08-19-14: status is on "Testing and Interview"

09-11-14: EAD/AP approved

09-19-14: EAD/AP combo card received

10-06-14: case status update - interview scheduled on 11-06-14

10-08-14: received interview notice in the mail

11-06-14: Interview (Approved)

11-06-14: case status update "Card/Document Production"

11-07-14: case status update "Welcome Notice was Mailed"

11-13-14: case status update "Card was mailed to Me"

11-15-14: received GC and Welcome letter

ROC TIMELINE:

09-07-16: mailed I-751 packet

09-09-16: ROC packet delivered

09-14-16: check cashed

09-16-16: NOA received

09-26-16: Biometrics appointment received

10-12-16: Biometrics done

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