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Posted

I am so devastated. I was married in Africa. Got a divorce and married my current wife in the United States 2 years ago. I applied for AOS. I just found out that my divorce to my first wife in Africa couldn’t be verified. I employed a lawyer to help me verify in Africa (I should have done this before my first AOS application). Now, I submitted a divorce decree for my first AOS application which was given to me by my ex-wife (the officers had no issue about my submitted divorce decree), it was denied for other reasons not related to the divorce.
I plan on submitting another AOS application. I am concerned, they may verify my previous divorce decree this time around. I am not sure what to do next

1. Should I file another AOS application with the previous decree since it wasn’t questioned?.

2. (a) should I get a new divorce from my ex-wife here in the United States. Remarry my second wife again who is a US citizen. And then file another AOS?.
(b) if I do 2a what are my chances?

3. Is there anyone having similar issue? What did you do to resolve it?.

Please, I will really appreciate your feedback or advise. Feel free to private message me if you are not comfortable sharing publicly. I really need your help guys.

Filed: Citizen (apr) Country: Canada
Timeline
Posted
47 minutes ago, sonyside said:

Now, I submitted a divorce decree for my first AOS application which was given to me by my ex-wife (the officers had no issue about my submitted divorce decree), it was denied for other reasons not related to the divorce.

What was the reason given in the denial letter?  If you can upload the letter here it would be helpful for members to give you advice going forward.

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Posted

Once divorced . . .you are divorced.   It would have been verified in the K1 process.

 

Deal with the reason the AOS was denied.

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Posted
28 minutes ago, Going through said:

What was the reason given in the denial letter?  If you can upload the letter here it would be helpful for members to give you advice going forward.

I can't upload the letter here. But i can say, the denial wasn't related to the divorce. My  divorce was never mentioned. It was not an issue. I just found out the issue recently. The application  was denied because there were inconsistencies in answers my wife and i gave during the stoke interview.  Our answers were right but in the eyes of the official they were inconsistent.  e.g  We were asked how many bedroom we had, i said 2 because our lease said 2. But my wife said 3 because we turned one of the big walk in closet in the apartment in to another bedroom making it 3 bedroom. Different inconsistency like that.

Posted
30 minutes ago, Paul & Mary said:

Once divorced . . .you are divorced.   It would have been verified in the K1 process.

 

Deal with the reason the AOS was denied.

Thanks for your reply. Maybe i am just over thinking the whole thing. If i can't verify the divorce; how can the official verify it?.

Posted
35 minutes ago, Paul & Mary said:

Once divorced . . .you are divorced.   It would have been verified in the K1 process.

I don't see where the OP says they came on a K-1, and this is the AOS from student/work/tourist visa forum.

 

4 minutes ago, sonyside said:

If i can't verify the divorce; how can the official verify it?.

What exactly was submitted?

 

Since the country was not mentioned, I'll just post the main page of the reciprocity website. Look for the country where the divorce occurred then choose the Marriage/Divorce section. This will show what they are looking for in terms of documentation.

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html

 

Sounds like a stokes interview that did not go well.

You can refile the I-485. If you do so after they issue an NTA, then it would be submitted the court instead.

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

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K-1

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Posted
11 minutes ago, geowrian said:

I don't see where the OP says they came on a K-1, and this is the AOS from student/work/tourist visa forum.

 

What exactly was submitted?

 

Since the country was not mentioned, I'll just post the main page of the reciprocity website. Look for the country where the divorce occurred then choose the Marriage/Divorce section. This will show what they are looking for in terms of documentation.

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html

 

Sounds like a stokes interview that did not go well.

You can refile the I-485. If you do so after they issue an NTA, then it would be submitted the court instead.

Thanks for your response. You are right. It is an AOS application adjusting from a tourist visa.  I submitted the right document for my previous AOS application which was denied (denial has nothing to do with the divorce). I recently had the need to verify my divorce, i hired an attorney who did some findings and he said it can't be verified. Apparently. the court clerk or whoever was suppose to file or register the divorce messed up registering the documentation of the divorce. I have tried fixing the issue but it just feels like i am wasting my time as no one wants to take the blame or correct the issue. So, i have decided to move forward. I want to file a new AOS application. Now, this is where i need an advise.

 

1. I don't know if i should refile the new AOS using the previous divorce document i submitted (since they had no issue with it) and risk verification (which i am sure won't come out good).

 

2. or re-file  a new divorce in the US from ex-wife in Africa. Then, remarry my current US citizen wife again and then file a new AOS application.

 

I am not sure what to do. Have you or do you know anyone who have been in a similar position?  How do i fix this mess? This will help me a lot.  Thanks

Filed: Citizen (apr) Country: Kenya
Timeline
Posted (edited)
18 minutes ago, sonyside said:

I recently had the need to verify my divorce, i hired an attorney who did some findings and he said it can't be verified. Apparently. the court clerk or whoever was suppose to file or register the divorce messed up registering the documentation of the divorce. 

 

I doubt if I have a dejavu, but I'm pretty sure I read your exact story somewhere within the last one week. Anyway,  that doesn't matter.

 

Your first marriage and divorce happened in a country in Africa. So, how are you trying to register overseas divorce at a US county clerk office? They won't find it in their system because the marriage/ divorce wasn't filed with them. Atleast that's what I know.

 

Edited by Timona

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

Filed: Citizen (apr) Country: Kenya
Timeline
Posted
21 minutes ago, sonyside said:

1. I don't know if i should refile the new AOS using the previous divorce document i submitted (since they had no issue with it) and risk verification (which i am sure won't come out good).

 

This speaks volume. Did you fake the document? Kindly clear this before we assume. 

 

21 minutes ago, sonyside said:

2. or re-file  a new divorce in the US from ex-wife in Africa. Then, remarry my current US citizen wife again and then file a new AOS application.

 

I am not sure what to do. Have you or do you know anyone who have been in a similar position?  How do i fix this mess? This will help me a lot.  Thanks

There's something to your story which doesn't add up. The only way to help you is to come out clean. 

 

Anyway, since you claim the issue is not due to the divorce, then best to deal with the EXACT issue. And if it's surely not with the divorce, why do you claim it will pose a risk to re-submit the same divorce paper? This makes me think it all has to do with the divorce. But you know better, so I'll take your word for it.

 

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

Filed: Citizen (apr) Country: Kenya
Timeline
Posted
50 minutes ago, sonyside said:

1. I don't know if i should refile the new AOS using the previous divorce document i submitted (since they had no issue with it) and risk verification (which i am sure won't come out good).

 

2. or re-file  a new divorce in the US from ex-wife in Africa. Then, remarry my current US citizen wife again and then file a new AOS application.

Here's my complete response.  Editing timed out.

 

1. You already said the divorce was not the issue. So why are you divorcing and remarrying?

The bottom part of your first question and your second question, if combined, tells me this has to do with the divorce.

2. Did you come to US on a tourist visa (used marriage to increase chances), then ended up marrying while you were still married back home? Because this is what seems to be the case here.

3. When applying for your tourist visa, what did you put under the question that asked if you were married? 

 

There's something to your story which doesn't add up. The only way to help you is to come out clean. 

 

Anyway, since you claim the issue is not due to the divorce, then best to deal with the EXACT issue. And if it's surely not with the divorce, why do you claim it will pose a risk to re-submit the same divorce paper? This makes me think it all has to do with the divorce. But you know better, so I'll take your word for it.

And getting one question wrong during your interview doesn't result in a denial. I know people who only matched 75% and got approved. Husband is a busy body and couldn't remember most answers succintly.

 

Resubmitting second AOS without finding a solution to the first application will not get you anywhere. They will most probably find your previous AOS and ask why it was denied. They will then deny your second AOS based on the first, which might lead to more scrutiny as they'll ask themselves why you're submitting another instead of fixing the first. To them, it'll look like you're hiding something and hoping to get a different IO who will not realise you have a first AOS which is in limbo. This is where more scrutiny arises and you end up in more mess than you'd wish for. Anyway, even before you get there, I do believe one of the forms asks if you've ever been petitioned before. What will your answer be? 

 

Best answer. Come clean. It can help fix your mess. 

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

Posted
1 hour ago, sonyside said:

Thanks for your response. You are right. It is an AOS application adjusting from a tourist visa.  I submitted the right document for my previous AOS application which was denied (denial has nothing to do with the divorce). I recently had the need to verify my divorce, i hired an attorney who did some findings and he said it can't be verified. Apparently. the court clerk or whoever was suppose to file or register the divorce messed up registering the documentation of the divorce. I have tried fixing the issue but it just feels like i am wasting my time as no one wants to take the blame or correct the issue. So, i have decided to move forward. I want to file a new AOS application. Now, this is where i need an advise.

 

1. I don't know if i should refile the new AOS using the previous divorce document i submitted (since they had no issue with it) and risk verification (which i am sure won't come out good).

 

2. or re-file  a new divorce in the US from ex-wife in Africa. Then, remarry my current US citizen wife again and then file a new AOS application.

 

I am not sure what to do. Have you or do you know anyone who have been in a similar position?  How do i fix this mess? This will help me a lot.  Thanks

Even if you file AOS again, the fact you cant verify the previous divorce means the new AOS will be hanging in the air. Fix the first divorce 

duh

Filed: Citizen (apr) Country: Brazil
Timeline
Posted
12 hours ago, sonyside said:

I can't upload the letter here. But i can say, the denial wasn't related to the divorce. My  divorce was never mentioned. It was not an issue. I just found out the issue recently. The application  was denied because there were inconsistencies in answers my wife and i gave during the stoke interview.  Our answers were right but in the eyes of the official they were inconsistent.  e.g  We were asked how many bedroom we had, i said 2 because our lease said 2. But my wife said 3 because we turned one of the big walk in closet in the apartment in to another bedroom making it 3 bedroom. Different inconsistency like that.

Not sure why you are concerned about the validity of the divorce decree when it was not the reason for the AOS denial.  Forget about the divorce decree since it was acceptable the first time and work on the reason it was denied.  From your answers it sounds like the reason for denial was the officer was not convinced that your marriage relationship is bona fide.  What documents did you submit with your AOS application to support the bona fide marriage?  Joint lease, bank account, credit card statements, driver's licenses showing the same address, will, living will, power of attorney, beneficiary on life insurance, health insurance, auto insurance, retirement accounts where you are listed as the beneficiary, a few photos, etc?  Focus on a new AOS application with more evidence, and in the meantime, make sure you know everything about each other, to prepare for another possible Stokes interview.  Good luck!

Filed: F-2A Visa Country: Nepal
Timeline
Posted
15 hours ago, sonyside said:


1. Should I file another AOS application with the previous decree since it wasn’t questioned?.

Yes and forget about the divorce thing, focus on the bonafide relationship evidences as others have said.

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

Filed: Citizen (apr) Country: Ghana
Timeline
Posted
9 hours ago, Lemonslice said:

Africa is a continent... which country?  If the paperwork was never filed properly, you might still be married.  If you list the country, members will be able to help you further. 

 

Thanks for pointing this out. Africa has 54 countries with a land size almost 3x the size of the US and very different cultures - Yet time and time again, people just refer to the continent like it's a country.

 

Regarding the main OP's issue, it looks like they may be able to just fix it by getting their answers straight. Perhaps some practice tests with the wifey prior to another possible stokes interview may help.

~AOS : 09/11/2014 - 2 YR Green card received!.

~ROC 07/13/2017 - 10 YR Green card received!.

~N-400 : 10/28/2020 - N400 Interview & Approval/Oath Ceremony/US Citizen!

 

More Importantly, I am a proud Anti-Fascist!

 

 

 
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