I-130 for Spouse and I have a 10 Years Green Card

[milimelo 4,568]

as expected, visit visa got rejected .. collecting docs for I130 now !

Did you really expect her to get a tourist visa?

[iamwhatiam80 92]

as expected, visit visa got rejected .. collecting docs for I130 now !

I am not surprised.

[L0bster00 41]

Did you really expect her to get a tourist visa?

What a stupid question. No i was not expecting her to get it. I just made her apply in FUN. Don't hate on my thread.

[David & Diana R 1,005]

You may note I was the only one who has answered the actual question.

Boiler,

Thats true and I thought it was an excellent suggestion/solution. So much so that I gave you a vote up.

Aloha Ke Akua

[David & Diana R 1,005]

LObster00,

Maybe if you fill in some info about yourself perhaps someone may want to help you?

[L0bster00 41]

Fellow members! once i file i130, i will update with exciting news!

[L0bster00 41]

Lawyer says, all the burden is on me. this will be very tough to pull out. As they set highest standards to approve these applications.

[iamwhatiam80 92]

Lawyer says, all the burden is on me. this will be very tough to pull out. As they set highest standards to approve these applications.

You were warned buddy!!!!

[DOC731 1]

Just had a detailed conversation with a lawyer. He advised me that i should go ahead and file I-130, with only required documentation. I.e Wedding pics, Certificate, Previous Divorce, GC copy and stuff, don't include any thing related to Good faith docs of previous marriage. We will wait and see if they require RFE. If not then i am good to go. He said they should have access to all of my previous I751 waiver docs and that should be more than enough for them to establish (Which i have already established) that my previous marriage was not fake.

If they RFE me, then we will see. He also told me that the outcome of I130 in a denial will not impact my status in USA as a Green card holder.

Comments ?

I have similar case as yours and I have applied thorugh lawyer. I even didn't got a divorce and I filed my waiver based on mental cruelty and extreme hardship. My interview for removal of condition was 30 mins but go final GC.

I got married this Jan 2013 and I applied for my wife as lawyer suggested as she said once your GC has approved it doesn't matter as USCIS has approved it. I do not think you need to worry about. If you wait longer and she couldn't get visa your PD will be late. She can try visitor visa and if it gets approve u r lucky.

I would suggest go ahead and file I130. You guys might be separated for may be a year or two as I am.

Let me know if you have any question.

[iamwhatiam80 92]

I got married this Jan 2013 and I applied for my wife as lawyer suggested as she said once your GC has approved it doesn't matter as USCIS has approved it.

If thats what your lawyer told you, then you need to change your lawyer. You are not out of the woods even if you get a permanent GC. You are indirectly jeopardizing your green card because they will do lots of scrutiny when you petition your spouse this way. There will be issues if you petition after the 5 year mark just normal documents need to be submittedand possibly an RFE.

She can try visitor visa and if it gets approve u r lucky.

he already tried it.

I would suggest go ahead and file I130. You guys might be separated for may be a year or two as I am.

The burden of proof is on him.

I patiently waited for the 5 year mark to cross because I didnt knew about that rule.

I patiently waited for the 5 year mark to cross because I didnt knew about that rule.

*****There will be NO issues if you petition after the 5 year mark just normal documents need to be submitted and possibly an RFE which is not that hard.*****

[DOC731 1]

Dear Iamwhatim80

I think you didn't read the instrction clearly on I130.

Here it is

http://www.uscis.gov/files/form/i-130instr.pdf

Also I am putting particular intstruction here (please read clause B):

5.

A spouse, if you gained lawful permanent resident status by

virtue of a prior marriage to a U. S. citizen or lawful

permanent resident, unless:

A.

A period of five years has elapsed since you became a

lawful permanent resident; or

B.

You can establish by clear and convincing evidence that

the prior marriage through which you gained your

immigrant status was not entered into for the purpose

of evading any provision of the immigration laws; or

C.

Your prior marriage through which you gained your

immigrant status was terminated by the death of your

former spouse.

Please read all the instruction before you can tell the right information to someone.

I patiently waited for the 5 year mark to cross because I didnt knew about that rule.

*****There will be NO issues if you petition after the 5 year mark just normal documents need to be submitted and possibly an RFE which is not that hard.*****

I have already established when I applied for waiver and USCIS has approved GC so no worries.

Dear Iamwhatim80

I think you didn't read the instrction clearly on I130.

Here it is

http://www.uscis.gov/files/form/i-130instr.pdf

Also I am putting particular intstruction here (please read clause B):

5.

A spouse, if you gained lawful permanent resident status by

virtue of a prior marriage to a U. S. citizen or lawful

permanent resident, unless:

A.

A period of five years has elapsed since you became a

lawful permanent resident; or

B.

You can establish by clear and convincing evidence that

the prior marriage through which you gained your

immigrant status was not entered into for the purpose

of evading any provision of the immigration laws; or

C.

Your prior marriage through which you gained your

immigrant status was terminated by the death of your

former spouse.

Please read all the instruction before you can tell the right information to someone.

[iamwhatiam80 92]

Dear Iamwhatim80

I think you didn't read the instrction clearly on I130.

Here it is

http://www.uscis.gov/files/form/i-130instr.pdf

Also I am putting particular intstruction here (please read clause B):

5.

A spouse, if you gained lawful permanent resident status by

virtue of a prior marriage to a U. S. citizen or lawful

permanent resident, unless:

A.

A period of five years has elapsed since you became a

lawful permanent resident; or

B.

You can establish by clear and convincing evidence that

the prior marriage through which you gained your

immigrant status was not entered into for the purpose

of evading any provision of the immigration laws; or

C.

Your prior marriage through which you gained your

immigrant status was terminated by the death of your

former spouse.

Please read all the instruction before you can tell the right information to someone.

I have already established when I applied for waiver and USCIS has approved GC so no worries.

I have read the instructions clearly and precisely 10 times. I have been dealing with USICS for a long time now and I also got my GC with a waiver based on good faith marriage.

You are saying you have already established the following but you have clearly misunderstood the instructions.

You can establish by clear and convincing evidence that

the prior marriage through which you gained your

immigrant status was not entered into for the purpose

of evading any provision of the immigration laws; or

What you dont understand is that when you are petitioning for your current spouse, you have to prove the old relationship again. Proving this again is like doing the whole nine yards. The original poster also confirmed this. The OP even says that his lawyer said that he should expect extra scrutiny and they follow high standards when dealing with these cases. he also states that its difficult to pull this off. Its not impossible but its difficult.

Why dont you get second opinion from another lawyer before telling people to read instructions as if they dont read them before doing something.

Please read all the instruction before you can tell the right information to someone.

I have already established when I applied for waiver and USCIS has approved GC so no worries.

And please dont think I was being rough or rude. Just gave you my 2 cents.

[L0bster00 41]

End of this month i am sending my new I130. lawyer said that the word "UNLESS" in 14-b is for people who are in my situation so no worries. I 130 will get approved and i will be able to get a PD for her.

I will update once i get NOA.

DOC731: Have you already filed the new I130. Was it approved ? what is your status on the NEW I130 ? Please let me know.

iamwhatiam80 : You are also filing the new I130 based on 14(a) which is stated after that word "UNLESS". Edited October 18, 2013 by L0bster00

[DOC731 1]

Who ever you r or what u said , I don't care.

I am dealing with this people 5 yrs and my case was one of the difficult one to get approve.

And don't think in these scenarioes I have gone through just 1 lawyer. I talked to 3 and everybody told me if they had any problem they shouldn't have approved it on first place. So GC is good.

Additionally I am applying for Naturalization next week dude as well as I was already 4 yrs out of my GC issue date when I applied as well.

Just Giving your 2 cents back

I have read the instructions clearly and precisely 10 times. I have been dealing with USICS for a long time now and I also got my GC with a waiver based on good faith marriage.

You are saying you have already established the following but you have clearly misunderstood the instructions.

You can establish by clear and convincing evidence that

the prior marriage through which you gained your

immigrant status was not entered into for the purpose

of evading any provision of the immigration laws; or

What you dont understand is that when you are petitioning for your current spouse, you have to prove the old relationship again. Proving this again is like doing the whole nine yards. The original poster also confirmed this. The OP even says that his lawyer said that he should expect extra scrutiny and they follow high standards when dealing with these cases. he also states that its difficult to pull this off. Its not impossible but its difficult.

Why dont you get second opinion from another lawyer before telling people to read instructions as if they dont read them before doing something.

And please dont think I was being rough or rude. Just gave you my 2 cents.

It is in process.

PD is 2/15/13.

What is 14-b?

End of this month i am sending my new I130. lawyer said that the word "UNLESS" in 14-b is for people who are in my situation so no worries. I 130 will get approved and i will be able to get a PD for her.

I will update once i get NOA.

DOC731: Have you already filed the new I130. Was it approved ? what is your status on the NEW I130 ? Please let me know.

iamwhatiam80 : You are also filing the new I130 based on 14(a) which is stated after that word "UNLESS".

[L0bster00 41]

Doc713 - 14b is the question Number 14 on I130 which we all are talking about and which you pasted in your early post.

Thanks, Doc713. I feel more strong after hearing about your case and your I130 is approved.