When should I submit my I130? Dec or wait until January?

[imse82 45]

I have a question regarding when to submit my I130. I was married to my USC spouse for 5 years before we got divorced. My new wife is in Jordan and we got married two months after my divorce was final. I will be ready to submit my i130 in the next two weeks but if I wait until the end of January it will be more than 5 years since I got my LPR status (USC now). I have tons of evidence that I entered my first marriage in good faith including joint assets, child, multiple vacations together, tons of pics, etc. so that's not a concern.

Would it make any difference to wait until the 5 years mark or should I just go ahead and file? I just don't want to file now and end up getting RFE. But I might get a RFE regardless I assume?

[Cathi 5,795]

You should play it safe and wait until the 5 year mark. You won't get an RFE, you will get a denial. 5 years means 5 years, not 4 years and 11 months. Good luck and keep us updated. Always nice to see new members from Jordan!

Edited November 24, 2013 by mimolicious

[imse82 45]

You should play it safe and wait until the 5 year mark. You won't get an RFE, you will get a denial. 5 years means 5 years, not 4 years and 11 months. Good luck and keep us updated. Always nice to see new members from Jordan!

Thanks! The instructions says a period of years has elapsed since you became a LPR OR you can establish by clear and convincing evidence that the prior marriage wasn't entered into the purpose of evading any provisions of the immigration laws. So I don't think it will be an automatic denial but probably will delay my case.

Edited November 24, 2013 by imse82

[Cathi 5,795]

Thanks! The instructions says a period of years has elapsed since you became a LPR OR you can establish by clear and convincing evidence that the prior marriage wasn't entered into the purpose of evading any provisions of the immigration laws. So I don't think it will be an automatic denial but probably will delay my case.

There are many threads in the forum regarding your issue if you do advanced search, it does have to be 5 years. There was just a thread a few days about it. You take a chance of the petition being denied. Read up, you will see.