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nada93d

GC holder 5 yr rule before petitioning new spouse(split)

By nada93d in Bringing Family Members of Permanent Residents to America

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SusieQQQ
SusieQQQ

I can’t comment on how strong your case is but you need to understand it is a heavy burden of proof. He got his green card in Dec 16 and filed for divorce in April 17. That looks really, really bad.

SusieQQQ
SusieQQQ

So he stayed married to her for around 3 years despite all these issues and then just a few months after getting his green card he decides they are enough reason to file for divorce? In my humble opin

aaron2020
aaron2020

The process works based on evidence.  They don't deny because they want to by finding some "problems."  The legal burden is on you to provide the adequate evidence.   It's not up to them to prove

SusieQQQ Grand Master

SusieQQQ   11,586

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3 hours ago, nada93d said:

Hello, Karim! We have exactly the same situation, waiting for I-130 approved. But now I am scary that we could finish  in the same boat... what’s the end of your story? Did you sent apeal ? Did they approve this? 

What do you mean same situation, do you mean spouse filing an i130 less than 5 years after getting a green card through marrying a USC?

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nada93d Rookie

nada93d   0

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1 hour ago, SusieQQQ said:

What do you mean same situation, do you mean spouse filing an i130 less than 5 years after getting a green card through marrying a USC?

 Yeap. 

My husband filled up i130 for me , but his previously merriage ended up after 3.5 years, and between divorcing and our wedding is less time as their divorce took a bit longer time ...( our situation even prob harder , because my husb got the green card through the ex , we are waiting for RFE and will prepare evidence of his ex marriage so good . So scary that they could deny the petition

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Boiler Grand Master

Boiler   45,486

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So this somebody you knew before he moved?

“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.”

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nada93d Rookie

nada93d   0

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56 minutes ago, Boiler said:

So this somebody you knew before he moved?

You mean “somebody” my husband ? 

Mod course no, we meet up with him in Thailand the month after the trip  he apply for divorcing , we been just a friends, and after 1.5 yearts dating and marry in the end . But the situation is so complicated :( 

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SusieQQQ Grand Master

SusieQQQ   11,586

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1 hour ago, nada93d said:

 Yeap. 

My husband filled up i130 for me , but his previously merriage ended up after 3.5 years, and between divorcing and our wedding is less time as their divorce took a bit longer time ...( our situation even prob harder , because my husb got the green card through the ex , we are waiting for RFE and will prepare evidence of his ex marriage so good . So scary that they could deny the petition

Yes, he should have checked the rules before applying for you. You may get lucky but realistically should probably be prepared for a denial. 

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nada93d Rookie

nada93d   0

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15 minutes ago, SusieQQQ said:

Yes, he should have checked the rules before applying for you. You may get lucky but realistically should probably be prepared for a denial. 

 So, if you think we would have with the lawer really strong case of proving the evidences , with tons of paper , is it no way  that they will let case go , and approved ?why then they are saying that you MAY not apply until you prove? Like we won’t apply if we are not sure that we don’t have evidences . Their marriage was 100% real, just had a mentality and religion problems:( that’s The reason it did not work

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Going through Mentor

Going through   5,671

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@nada93d can you provide a timeline of events for clarification?

Date he married his ex...date he got his GC...date divorce was finalized...date he began a relationship with you...date you got married?

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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nada93d Rookie

nada93d   0

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6 minutes ago, Going through said:

@nada93d can you provide a timeline of events for clarification?

Date he married his ex...date he got his GC...date divorce was finalized...date he began a relationship with you...date you got married?

Date he married with ex - I could mix it up now but I guess it was January  ,2014 ( need to ask him exactly)

he got his green card in the beginning of December 2016,  

final divorce November 2017 

Month we begun in relationship June 2017( he applied for divorce in April 2017), 

we got married 9 of January 2019 

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nada93d Rookie

nada93d   0

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1 minute ago, nada93d said:

Date he married with ex - I could mix it up now but I guess it was January  ,2014 ( need to ask him exactly)

he got his green card in the beginning of December 2016,  

final divorce November 2017 

Month we begun in relationship June 2017( he applied for divorce in April 2017), 

we got married 9 of January 2019 

Sorry we got married 9 of January 2018 

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Boiler Grand Master

Boiler   45,486

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Wonder if he has removed conditions.

“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.”

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SusieQQQ Grand Master

SusieQQQ   11,586

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58 minutes ago, nada93d said:

 So, if you think we would have with the lawer really strong case of proving the evidences , with tons of paper , is it no way  that they will let case go , and approved ?why then they are saying that you MAY not apply until you prove? Like we won’t apply if we are not sure that we don’t have evidences . Their marriage was 100% real, just had a mentality and religion problems:( that’s The reason it did not work

I can’t comment on how strong your case is but you need to understand it is a heavy burden of proof. He got his green card in Dec 16 and filed for divorce in April 17. That looks really, really bad.

 

8 minutes ago, Boiler said:

Wonder if he has removed conditions.

Yeah. He married this woman just over a year after he got his green card. Um, wow. 

 

 

Edited by SusieQQQ
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Boiler Grand Master

Boiler   45,486

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Oops missed that.

“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.”

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SusieQQQ Grand Master

SusieQQQ   11,586

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4 minutes ago, nada93d said:

He got 10 years green card right away without temporary 2 years green card , as he been married since long with the ex

And filed for divorce 5 months later. And married you 9 months later. 

If you think we are suspicious, wait for the uscis officer review.

Edited by SusieQQQ
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