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Eg504

I-130 approved but now divorced

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Eg504 Newbie

Eg504   0

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Hi, me and my ex partner got married and filed for green card, we sent the I-130 and it was approved., but right after we got divorced. so we canceled everything,. Now a year later I’m with someone else (we both live in the US) and we are planning on getting married and file again for a green card,. Would that be a problem since I was married before and I already filed for I-130 once (which was approved) ? 

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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It's permitted to file for somebody else via AOS or a CR-1/IR-1 visa so long as you are legally married.

The short time frame may raise some questions, but can be overcome with relationship evidence.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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1 hour ago, Eg504 said:

Illegally 

Ah. Well that complicates matters even more. You cannot do AOS. You must complete consular processing abroad.

1) Marry

2) File the I-130.

3) Wait several months to a year or so for approval.

4) File an I-601A to waive the unlawful presence bar that you will receive upon exit from the US.

5) Once approved, case is complete at NVC, and the interview is scheduled, you must leave the US to interview for the visa.

6) If approved, you can re-enter on the immigrant visa.

 

NOTE: This assumes you have no other inadmissibilities. If you do, then the I-601A is worthless and an I-601 filed after the interview will be needed (assuming the other inadmissibility is waivable). it also assumes you aren't deported in the meantime.

This also assumes you never left the US after staying illegally or being deported. If so, then this gets even more complicated.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Eg504 Newbie

Eg504   0

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21 minutes ago, geowrian said:

Ah. Well that complicates matters even more. You cannot do AOS. You must complete consular processing abroad.

1) Marry

2) File the I-130.

3) Wait several months to a year or so for approval.

4) File an I-601A to waive the unlawful presence bar that you will receive upon exit from the US.

5) Once approved, case is complete at NVC, and the interview is scheduled, you must leave the US to interview for the visa.

6) If approved, you can re-enter on the immigrant visa.

 

NOTE: This assumes you have no other inadmissibilities. If you do, then the I-601A is worthless and an I-601 filed after the interview will be needed (assuming the other inadmissibility is waivable). it also assumes you aren't deported in the meantime.

This also assumes you never left the US after staying illegally or being deported. If so, then this gets even more complicated.

Thank you for your response and you’re totally right about everything which I’m already aware of all those steps since they are normal steps for a person in my condition. Now the real question I have is 

“since I was married and filed for I-130 got approved and got divorced right after.. am I going to have a problem filling again with someone new?,. will I be denied because of the reason I already submitted that form once before? 

 I got divorced a year ago. 

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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2 minutes ago, Eg504 said:

Thank you for your response and you’re totally right about everything which I’m already aware of all those steps since they are normal steps for a person in my condition. Now the real question I have is 

“since I was married and filed for I-130 got approved and got divorced right after.. am I going to have a problem filling again with someone new?,. will I be denied because of the reason I already submitted that form once before? 

 I got divorced a year ago. 

The petition should not be an issue. As noted previously, it's all 100% allowed.

As for actually getting the visa, the CO may have additional scrutiny with the timing, but it by no means an automatic refusal or anything. Many others have divorced and remarried shortly afterward, including those who have petitioned their prior spouse(s). It happens. Just be sure to present a strong case.

Best wishes!

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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carmel34 Experienced

carmel34   3,633

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Filed: Citizen (apr) Country: Brazil
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OP, more information is needed to give you correct advice.  You say both you and the person you want to marry live in the US.  Also that you entered the US illegally, but what is your status in the US now?  Who is the petitioner for your new relationship?  It is not clear if you are the intended beneficiary or the petitioner.  What is the legal status of the person you want to marry?  US citizen?  LPR?  Responses to your question are just speculation until you fill in the details of your situation.

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Eg504 Newbie

Eg504   0

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14 minutes ago, carmel34 said:

OP, more information is needed to give you correct advice.  You say both you and the person you want to marry live in the US.  Also that you entered the US illegally, but what is your status in the US now?  Who is the petitioner for your new relationship?  It is not clear if you are the intended beneficiary or the petitioner.  What is the legal status of the person you want to marry?  US citizen?  LPR?  Responses to your question are just speculation until you fill in the details of your situation.

Status illegal, my partner is the petitioner,. 

I’m the beneficiary, My partner legal status is  US citizen, 

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arken Mentor

arken   4,197

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Filed: F-2A Visa Country: Nepal
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Your previous i130 approval will not be a problem but you may be scrutenized for sure if the CO feels your are shopping around for your GC. As long as you have good evidences of your new bonafide relationship, you should be good. 

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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carmel34 Experienced

carmel34   3,633

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Filed: Citizen (apr) Country: Brazil
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1 hour ago, Eg504 said:

Status illegal, my partner is the petitioner,. 

I’m the beneficiary, My partner legal status is  US citizen, 

Your process will be complicated, long, expensive, and the outcome uncertain.  To become legal and avoid deportation, you will need to leave the US with no guarantee of being readmitted.  I would recommend an experienced immigration attorney who has been successful filing waivers in similar circumstances.  And do lots of research on what it takes to get a waiver, you will need to show extreme hardship and prove it with documentation.  Good luck!

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Khallaf Proficient

Khallaf   650

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Filed: IR-1/CR-1 Visa Country: Egypt
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17 hours ago, Eg504 said:

Thank you for your response and you’re totally right about everything which I’m already aware of all those steps since they are normal steps for a person in my condition. Now the real question I have is 

“since I was married and filed for I-130 got approved and got divorced right after.. am I going to have a problem filling again with someone new?,. will I be denied because of the reason I already submitted that form once before? 

 I got divorced a year ago. 

I thought this sounded all too familiar.

 

you have been trying to find a way to stay inside the USA, 

 

 

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TBoneTX Grand Master

TBoneTX   45,309

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Filed: Citizen (apr) Country: Ecuador
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OP has closed his/her account, so this thread is also closed.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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