Is it possible to reaffirm i-130 spousal petitions after withdrawal? (merged topics)

[Orangesapples 1,954]

3 hours ago, Theodoris92 said:

Hi,

 

Short story: I have been in a long-distance relationship with my partner (who we entered a divorce process, but now we are talking about making things work). We haven't received the judgment yet. I originally cancelled her I-130 petition, which I'm trying to save (although it looks helpless). I am now exploring doing a I-129F petition for my partner, and my stepson. We also have a 2 year old daughter who is an American citizen.

 

We are technically still "married" in her home country, although we don't know if it is too late to cancel that process (probably is) so we'll soon be "divorced". I would like to sponsor her, and my stepson to now come through the I-129F process.

 

Is that a possibility, also with the open (yet pending cancelled I-130)?

 

In submitting the petition, would I need to produce the divorce judgment, or should I explain the full context or is that more appropriate possibly at the consulate interview stage?

 

If I am understanding things correctly, the I-129F is a form where I can simply list the name of my stepson. So, the cost would be initially $535 to apply for her and it my stepson's name can be included in on there to receive a visa?

 

I appreciate any and all insight.

 

 

Why are you putting married and divorced in quotation marks? You are actually married for real. And if you don't stop the process, you'll be divorced for real. 

[Theodoris92 0]

1 minute ago, Orangesapples said:

Why are you putting married and divorced in quotation marks? You are actually married for real. And if you don't stop the process, you'll be divorced for real. 

You're right, I've tried contacting the lawyer we used in the country but processes can be backwards and inefficient over there. I don't know if there will be success in cancelling. 

[pushbrk 12,906]

2 hours ago, Theodoris92 said:

Amidst a global pandemic, I would hope there would be a bit more flexibility or empathy with how this situation has put more pressure on marriages.

 

I thank you, and Lucky Cat for your responses. It seems I took a very permanent action, but a positive is that it gives us time to communicate and plan our next steps.

 

Do any of you know about if our divorce isn't revocable, if the fiance process is an option? If not, we'll likely get married again in her home country and try to do a brand new I-130.

If you are divorced, starting over with a fiance visa process is one of your options, as long as you have evidence of being together in person during the 2 years prior to filing.  You'll want to weigh and consider both options thoroughly.

[retheem 566]

Next time think harder before making some decisions. Looks like you will be starting over.

[Theodoris92 0]

If a moderator can, feel free to lock this topic. I've received many helpful, and clear responses from people here.

 

Thanks everyone.

[TBoneTX 45,329]

Thread is closed at OP's request.