Divorce during nvc process

[cloclay 0]

Need your help if somebody knows 

 

A friend has a petition for his spouse approved, paid IV and AOS fee, theres only DS260 form they haven’t submit, because trough nvc process they get problems and get divorced, but now they are married again and want to know if need to do a new petition from beginning or if they can finish the pending one.

 

the case is for 2015, divorce in 2016 and remarried 2017! And the marriage is in Mexico both times

 

 

[Lazybones18 261]

finish the pending one with a new applicant ? i dont think that possible

 

need to start from scratch

[cloclay 0]

1 hour ago, Lazybones18 said:

finish the pending one with a new applicant ? i dont think that possible

 

need to start from scratch

No, is the same applicant

[pushbrk 12,761]

Your friend will need to withdraw the current petition and start over again with a new one.  Trying to conceal the divorce and remarriage would be fraud.

[cloclay 0]

Trying to conceal the divorce is not what they want, just wondering if somebody was in the same situation instead start a new petition, the case is still in nvc waiting for DS260 and AOS documents

 

thank you for your help, i think the best option will be to call nvc and ask them

[pushbrk 12,761]

A person does not need to be in the same position to know the answer to your question.  The petition is based on the marriage documented at the time the petition was filed.  That marriage is no longer valid.  That the petitioner is NOW married AGAIN to the same person, means a NEW case with NEW facts and a NEW marriage certificate.

[cloclay 0]

4 minutes ago, pushbrk said:

A person does not need to be in the same position to know the answer to your question.  The petition is based on the marriage documented at the time the petition was filed.  That marriage is no longer valid.  That the petitioner is NOW married AGAIN to the same person, means a NEW case with NEW facts and a NEW marriage certificate.

Perfectly understand, thank you very much!

[Keith & Arileidi 437]

They should call the USCIS or make an appointment at a local office to see what their options are. 

 

[pushbrk 12,761]

1 hour ago, Keith & Arileidi said:

They should call the USCIS or make an appointment at a local office to see what their options are. 

 

Waste of time.  Their only option is to withdraw the current petition and file a new one. I already explained why.  USCIS local officers will tell them the same thing.  The marriage upon which the current petition was based, has been terminated.  Therefore it is not possible for a visa to be issued based on that petition.  A visa can only be approved based on the new marriage.

[Keith & Arileidi 437]

1 hour ago, pushbrk said:

Waste of time.  Their only option is to withdraw the current petition and file a new one. I already explained why.  USCIS local officers will tell them the same thing.  The marriage upon which the current petition was based, has been terminated.  Therefore it is not possible for a visa to be issued based on that petition.  A visa can only be approved based on the new marriage.

I have no doubt that you are right. 

But it is always beneficial to do your own personal due diligence. 

 

A few hours out of day won't hurt considering  that the couple is going to have to wait another 8 months to get back to the NVC. 

 

 

[Dianalorena 1,153]

 

Even if they got divorced and remarried to each other, they have to disclose the divorce since it was legal and we have to include

all divorce decrees.

It's one thing to have a fight and briefly separate, but it seems that they were pretty determined to finish their legal bond officially.

 

I don't know your friend and I'm definitely not judging, my recommendation is that they sit down and talk about what they really want.  

Are they sure they're not going to get into another fight and divorce yet again a few months or few years down the line?

This process is long, emotionally and financially draining and now they have to start all over. They have to be absolutely sure. 

 

Also, if they stopped the NVC process and this happened during that time, trying to cover the divorce and continue with the application

as if it never happened will more than likely come and shoot them in the foot and complicate things further in the future.

 

Withdraw the application, start from scratch (so another 12-14 months) and include a letter explaining what happened with the previous one.

it's not the first time this has happened. Good luck to them!

 

 

 

[pushbrk 12,761]

8 hours ago, Keith & Arileidi said:

 

But it is always beneficial to do your own personal due diligence. 

 

Yes, it is.

[cloclay 0]

Definitely they will start over again, thank you all for your help.

[pushbrk 12,761]

20 minutes ago, cloclay said:

Definitely they will start over again, thank you all for your help.

Before or at the same time they start over, they need to withdraw the existing petition.  They would start by notifying NVC, and the petitioner sending a letter to USCIS withdrawing the petition, using the case number and full names and dates of birth of the two parties.