I-130 for Spouse and Re-Entry Permit

[WassimA 1]

Dear Forum members,

 

I have already received so much help from you, thank you all for that! Following different advice on here, I am now in the following situation:

 

- Conditions removed on GC (divorce waiver), received physical GC in mail yesterday

- Remarried 3 weeks ago to Polish citizen

- Want to file I-130 for spouse

- Submitting petition for I-131 re-entry permit, as employer sends me abroad for 2 years in November to global headquarters for training and development purposes in order to assume management position after

- By no means abandoning LPR status, keeping primary residence and paying mortgage, keeping my US salary continued to paid into my US bank account, maintaining 401k/HSA accounts, paying US taxes for every year (accepting double taxation), just renewed my driver's license, filing to get my wife residency as well (which in my view is also proof of planning a life in the US after conclusion of assignment)

 

I have read in several places that all in all, the process takes around 22-24 months, if everything goes well. My questions:

1. Did anybody ever SUCCESSFULLY filed I-130 in connection with a re-entry permit? If so, would you be so kind to share your timeline and steps? That would help me a lot.

2. I read there are several "milestones" while filing I-130 as LPR for spouse, which are extremely confusing. When can or should I file? As soon as possible or after leaving the country?

3. Is the proof of the Bona Fide nature of my marriage required already? Or, if I remember correctly, only after the first (or second?) milestone was reached?

 

PLEASE help.

Thank you.

 

Edited October 5, 2017 by WassimA

[Merrytooth 5,748]

6 minutes ago, WassimA said:

 

Have you read the I-130 instructions yet? Particularly Who May Not File Form I-130? No. 5 ?

 

https://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

[f f 725]

good catch there with the who may not file.

 

your only hope in being able to file before 5 years is to do so under part C

 

C. You can establish by clear and convincing evidence that you did not enter the prior marriage (through which you gained your lawful permanent resident status) in order to evade any U.S. immigration law;

 

not sure how you would do that besides showing your former spouse mistreated you.

[WassimA 1]

@Merrytooth: Yes, I have read that part and am not concerned about it.

 

Thank you.

Edited October 5, 2017 by WassimA

[WassimA 1]

 

10 minutes ago, f f said:

good catch there with the who may not file.

 

your only hope in being able to file before 5 years is to do so under part C

 

C. You can establish by clear and convincing evidence that you did not enter the prior marriage (through which you gained your lawful permanent resident status) in order to evade any U.S. immigration law;

 

not sure how you would do that besides showing your former spouse mistreated you.

That's exactly it f f. My petition was approved AFTER divorce waiver, which encompassed exactly clear and convincing evidence that I did not enter prior marriage in order to evade and U.S. immigration law.

Edited October 5, 2017 by WassimA

[Merrytooth 5,748]

This post may be old but it is written by a very knowledgeable VJer.

 

Good Luck to you.

 

 

 

[WassimA 1]

33 minutes ago, Merrytooth said:

This post may be old but it is written by a very knowledgeable VJer.

 

Good Luck to you.

 

 

 

Thank you for referring to that post. 

 

I can read from it that there are various people believing that it is not possible. I consider the poster of the thread who has been given that very advice a poor guy who went through a lot of hardships with his wife because of people making him scared of even losing his LPR after he had his conditions removed through divorce waiver.

 

There is an explicit reason, why USCIS has the paragraph 5.c., and it is good that it does! I did not even know my spouse before I separated from my prior spouse. We are not even from the same country. I have submitted and can resubmit tons of evidence for the Bona Fide nature of my prior marriage. As an LPR, I have rights and obligations, and I can not imagine that I am forced to give up either on my marriage or the country that has become my home.

 

I will file nonetheless, as I read the conditions the way that I can file and have good chances of being approved. I am not afraid of any level of scrutiny as I have nothing to hide.

 

It would be encouraging though to hear from anyone, who successfully went through this process as well (or got denied, which I also really would like to know about).

 

Edited October 5, 2017 by WassimA

[Villanelle 4,121]

I dont see a problem. Its just a long process. If its still going on when you are able to naturalize- do it and when youre a USC theres no priority date, so it will speed it up.