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JenniCheng

Anyone has similar situation - My husband filed I-130 for his ex wife

By JenniCheng in General Immigration-Related Discussion

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JenniCheng Rookie

JenniCheng   1

Posted
Filed: H-1B Visa Country: China
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Posted

Hi everyone,

 

My husband (citizen) got married with his ex wife back in 2010, and filed 130&485 for her right after, and she's a green card holder since then.

They got separated sometime in 2015, didn't live together anymore, but filing tax together to save money (which is legal according to IRS).

I met my husband in late 2018, so he filed divorce paperwork right after we got serious, and due to the 2-month wait period, etc. the divorce was finalized in March 2019. 

And then we got married in June, 2019, and filed 130&485 for me after that. 

 

Background: I came to US as a F-1 student in 2013 and got H1b visa in 2016. My H1 extension case is pending and my company also filed an EB3 I-140 for me (approved, waiting for PD to be current).

 

SO, my question is, does this seem like a bid red flag? I knew it's gonna be a red flag for them to question more in the interview, etc. Can anyone share their similar situation please? 

 

Thank you.

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arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted

I don’t see a red flag but given the scenario, be prepared for more scrutinization.

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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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

It might raise a question, but overall it's nothing unusual. Just present a good case. Don't worry about things you can't change...focus on what you can do to show a bona fide relationship now.

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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