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kphani

Pending case in india and apply for GC

By kphani in Adjustment of Status from Work, Student, & Tourist Visas

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kphani Rookie

kphani   0

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Hello,

I got divorced in USA and my ex-wife filled a case in india. Now the case was settled and waiting for clearence documents from court.

I got married  9 months ago and my spouse is citizen. Can i apply for GC now or any issue with pending case. Pls advice. 

Timona Experienced

Timona   4,208

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Did the divorce overlap your new marriage?

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.

Crazy Cat Grand Master

Crazy Cat   42,296

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3 minutes ago, kphani said:

No, I got divorce in USA in 2019 and i got married citizen in 2020.

When was the divorce final?  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

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In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Marieke H Proficient

Marieke H   2,523

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You will need to be a bit more specific if you want useful answers. 

 

What kind of "case" did your ex-wife file in India? If this is the divorce, it sounds like the divorce has not been finalized.

 

If you provide better information, with proper timelines, you can get better answers.

Timona Experienced

Timona   4,208

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30 minutes ago, Crazy Cat said:

When was the divorce final?  

 

That is what I asked him

 

OP, which month did you marry and which month was the divorce finalized? @kphani

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.

kphani Rookie

kphani   0

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I got final divorce in 2019 (USA), My ex-wife filed a 498a case in india and recently settlement was done. case withdraw process is going on also we applied mutual divorce in india too.

again I got married in 2020,  can i apply for GC under IR.

Chancy Grand Master

Chancy   6,243

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11 hours ago, kphani said:

I got final divorce in 2019 (USA), My ex-wife filed a 498a case in india and recently settlement was done. case withdraw process is going on also we applied mutual divorce in india too.

again I got married in 2020,  can i apply for GC under IR.

 

Where do you currently reside?  Are you in the US or in India?

 

African Zealot Rising Star

African Zealot   1,456

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Yes you can apply. The 498A case does not invalidate the divorce. It is a criminal case however and you will have to disclose it in your I-485 petition.

Just another random guy from the internet with an opinion, although usually backed by data!


ᴀ ᴄɪᴛɪᴢᴇɴ ᴏғ ᴛʜᴇ ᴡᴏʀʟᴅ 

 

 

arken Mentor

arken   4,197

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Yes you can go ahead with the new petition.

I hope nobody is a victim here, you or your ex. Like the way VAWA is misused here, it seems 498A is misused in more extreme way.

 

 

 Excerpt from:

https://www.international-divorce.com/Indias-Notorious-Section-498A.htm

 

The chairperson of one of India's State Commissions for Women has asserted that, "Many women are using 498A of the IPC (anti-dowry law) to terrorize their husbands and his families.” She called it a “cruel and wicked design to blackmail husbands and in-laws."
 

In the case of non-resident Indians the process has often proved calamitous for the husband. The spouses have an argument. She runs off to India, often with the children and as many of the assets as she can grab. She immediately starts a Section 498A case in India and then sues for divorce and custody in India. The husband cannot step foot in India because he will be arrested. Meanwhile his relatives in India are clamoring for him to settle up with his wife because they have been in jail or are fearful that that will happen. The Supreme Court of India has described such conduct as “legal terrorism.” 


 

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

Ryan H Grand Master

Ryan H   3,834

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Filed: Lift. Cond. (apr) Country: China
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Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

 
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