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fiamerika

Married - cancel divorce or remarry?

By fiamerika in Effects of Major Family Changes on Immigration Benefits

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fiamerika Newbie

fiamerika   0

Posted
Filed: Timeline
Posted

Hi,

I was wondering if anyone could help us with this marriage/divorce greencard situation...

Last year I was in the USA on a J1 visa when I got pregnant. I married my US husband before our baby was born. Pretty quickly we realized how fast things went and my husband started to regret the marriage. He filed for a divorce 3 months after we got married, around the time our baby was born. I agreed to the divorce and planned on going back to my home country with the baby. Now I'm back in my country and the divorce is almost finished. We are getting along better again and now it's the divorce we're regretting.

I'm wondering if either canceling the divorce, or finishing the divorce and remarrying later would impact my greencard application. I never actually filed the forms after we got married last year so there's no record of a previous greencard application. I'm also not sure which one would "look worse", canceling a divorce or remarrying...

Thanks all!

LionessDeon Experienced

LionessDeon   2,060

Posted
Filed: AOS (apr) Country: Jamaica
 Timeline
Posted (edited)

Does it make sense to go through with the divorce just to turn around and remarry? It seems if you want to remain married you'd just cancel the divorce...much easier.

I don't see how cancelling a divorce would look bad. Maybe I'm missing something.

Edited by LionessDeon
A'n'L Proficient

A'n'L   735

Posted
Filed: AOS (apr) Country: Norway
 Timeline
Posted

Life happens. If you want to stay married, cancel the divorce!

If it isn't difficult, it isn't worth it.

 

K1 process

9/24/15: I129f sent

9/30/15: NOA1

11/2/15: NOA2

Delayed processing due to work

3/15/16: Medical

4/28/16: Interview (approved)

Delayed entry due to work

8/12/16: POE Detroit

 

9/4/16: Wedding!

 

AOS process:

9/9/16: I485/I131/I765 sent

9/14/16: Received 3xNOAs by text/e-mail (day 2)

9/14-18/16: Received 3xpaper NOAs 

9/23/16: Received biometrics appointment letter (day 11)

10/3/16: Biometrics appointment (day 19)

11/4/16: EAD+AP approved (day 53)

11/16/16: EAD status changed to card shipped (day 65)

11/17/16: EAD/AP combo card received (day 66)

12/30/16: Notice of interview scheduled (day 109)

2/1/17: AOS interview (day 142) - APPROVED

2/8/17: GC received (day 150)

 

ROC process:

11/3/2018: ROC window opens

fiamerika Newbie

fiamerika   0

Posted
Filed: Timeline
  • Author
Posted

The divorce is at a stage where we would need counseling to withdraw it. Since I'm not there for that it may be easier now to finish it and take a new start when I'm going back.

The easiest thing however would be to leave it alone, proceed with greencard application and cancel when I'm back there. But I have no idea if you can even apply for a greencard based on a marriage with a pending divorce...

A'n'L Proficient

A'n'L   735

Posted
Filed: AOS (apr) Country: Norway
 Timeline
Posted

Marriage based green card with a pending divorce? Sounds sketchy.

Where are you from? Why don't you go back for a vacation, get counseling and withdraw your divorce?

If it isn't difficult, it isn't worth it.

 

K1 process

9/24/15: I129f sent

9/30/15: NOA1

11/2/15: NOA2

Delayed processing due to work

3/15/16: Medical

4/28/16: Interview (approved)

Delayed entry due to work

8/12/16: POE Detroit

 

9/4/16: Wedding!

 

AOS process:

9/9/16: I485/I131/I765 sent

9/14/16: Received 3xNOAs by text/e-mail (day 2)

9/14-18/16: Received 3xpaper NOAs 

9/23/16: Received biometrics appointment letter (day 11)

10/3/16: Biometrics appointment (day 19)

11/4/16: EAD+AP approved (day 53)

11/16/16: EAD status changed to card shipped (day 65)

11/17/16: EAD/AP combo card received (day 66)

12/30/16: Notice of interview scheduled (day 109)

2/1/17: AOS interview (day 142) - APPROVED

2/8/17: GC received (day 150)

 

ROC process:

11/3/2018: ROC window opens

NikLR Grand Master

NikLR   13,231

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted (edited)

~~moving from what visa do I need to Major Family changes~~

IMO remarrying or even doing the k1 to remarry in the US looks like marrying for immigration benefits vs a change of heart due to separation.

You are an impulsive couple.... this likely will bite you a little, or a lot.

Edited by NLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Ontarkie Grand Master

Ontarkie   14,378

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

Cancel the divorce, I'm sure you can get counseling over the phone or skype.

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Boiler Grand Master

Boiler   45,912

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

They have a year for counselling.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Ontarkie Grand Master

Ontarkie   14,378

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

They have a year for counselling.

The counseling last a year? That is just nuts!

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Boiler Grand Master

Boiler   45,912

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

The counseling last a year? That is just nuts!

Wow, didn't realise it took that long.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Ontarkie Grand Master

Ontarkie   14,378

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

Wow, didn't realise it took that long.

I thought that is what you were saying.

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Ontarkie Grand Master

Ontarkie   14,378

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

That makes more sense.

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

fiamerika Newbie

fiamerika   0

Posted
Filed: Timeline
  • Author
Posted

Yeah, I'm afraid that divorcing and remarrying is gonna look like we may be getting another divorce soon, meaning marrying for greencard purposes... We'll check if we can do the counseling through video chat. I'm in Europe and my husband is in Arizona so it's quite a trip to go out there for the counseling, especially with our baby. For now he's making trips to visit us.

 
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