Who may not file form I130?

[arnav 10]

Merrytooth it's nothing like that you are thinking . But how you can trust people online he said he is from india and id name steve. And I can help only people who r honest. I am not an Attorney but working under one.

[olaru_steve 1]

Arnav, I am not here to argue with people. One can keep their login id whatever they want. I am here seeking help and suggestions, if you have concern with my login name, forget about it. If you have experience share with me. It doesn't have to be disclosed behind the curtain. People call me here in US Steve and Olaru is my cat's name, makes sense?? which was gifted from one of my friend named olaru. If you have any suggestions, go ahead and share with us otherwise i don't have time to argue on something which is out of context.

[arnav 10]

ok I understand that , I use my nick name too. Well the problem is that you got marry so quick it will be red flag everyone knows that.

1) if your wife is the petitioner in your divorce you have a chance to tell at interview she left you , so you are not in fault.

2) I don't know the officer will be satisfied with your joint paper work you have and show at your first interview.

3) last and final option for you to don't get register your marriage in India until your 5 year get done. in that way you can file your paper work after 5 years get done.

Take it seriously because if you are going to file now and unable to prove it was a bona fide marriage , you can be deport from here.

good luck with that.

[olaru_steve 1]

Arnav,

When ROC was filed, it was approved pretty quick. No issues so far into this journey. Since it was uncontested i filed the divorce. I am the plaintiff and she is the defendant at the divorce paper. The wording of the divorce is as follows:

The Plaintiff is entitled to and desires a total divorce from the Defendant upon the

following statutory grounds: the marriage between the parties is irretrievably broken as

contemplated by O.C.G.A. §19-5-3(13), and there exists no hope or chance of

reconciliation.

I couldn't find anywhere if there is a statutory bar for getting married within five years for those who received their LPR status through USC.

I think while filing ROC, we proved our marriage was bona fide. Can i not use the same documents again? also what happens if i wait to register marriage few months like june or july and file petition?

When ROC was filed i submitted following supporting docs:

1) Joint appartment lease docs

2) Joint tax for last three years

3) Joint back account spanning our entire marriage,

4) utility bills through out the period

5) Health Insurance covered under my employment through out the period

6) photo copies of ids having same address

7) letter of affidative from my wife's mom and our common friend

8) Auto insurance indicating she is also within the policy (this is also for the entire period).

9) photo graphs showing our activities together. Such as celebrating x-mas together with her family, trip to vegas, grand canyon, doing other activities such as eating in resturant etc.

I might have forgotten few others but those are the ones that were submitted earlier. Also I-30 petition instruction clearly says: Under WHO MAY NOT PETITION I-130, Unless: A period of five year elapsed since you become lawful permanent resident.

If i interpret this clause: Statutory limit is to file I-130 not for getting married. One can get married and start new life but just have to wait until 5 years to file the petition. I am not a law student but based on the information in I-130 filling instruction, that is my understanding.

My only question is when ROC was removed it is taken as bonafied where as if some reason the marriage doesn't work and parties decided to live apart from each other then how can one again say it wasn't bona fide. I know immigration is different.

I know everybody has unique situation and so does mine. I was student, then H1B, then married to USC and again divorced from USC. All of that happened in 10 and half years. Like i said had i had anyone then there is no point for me to waste 3 years of my life doing this because i could've easily brought my partner while i was in H1B status. With all of my situations upfront, don't you think it is convincing for anyone that there is no ill intent. I know the burden will be on me to assure that the my previous marriage wasn't shame.

I understand for those who come here and if they don't have any option but to get married with USC to get LPR and if they divorce and file a petition it raises flag. I was married to USC while i was in H1B and even my employer at the time had filed I-140. With all of that evidence at my hand, how much do you think they will grill me on my case?

[Darnell 8,479]

What Darnell said.

The timeline between ROC, divorce and new marriage played out in less than a year. Very red flag.

Even if you are able to prove that your first marriage was not for immigration purposes, will you also be able to prove the arranged marriage was not arranged prior to your divorce? USCIS might also see it as your present wife marrying for immigration purposes only. Better to wait it out.

Alas, I'm of the opinion

that this fella is going to ignore this bit.

USCIS won't, and that's the part (at least to me) that matters.

[arnav 10]

hi steve ROC is a different thing. I know at least 5-6 people , they never had any problem in ROC, but when they went back and got married again all off them have interview and officer start counting your hair in a friendly way and finally asked to prove your marriage was bona fide marriage. So, don't consider with ROC.

Well can you prove this parties is irretrievably broken? how you will going to prove it if some one ask you.

Do you have any proof ?

Even if you file I-130 now they will take 2+ years ,will put your file on hold. Still you can't bring your wife here up to 3 years. So, why not to follow the 3 suggestion keep you on safe side.