Married and Divorced after I-130 Approval

[KrisF78 1]

I’m an Australian citizen, and my father is a permanent resident (Green Card holder).

 

Back in 2006, my Dad and I applied for ‘Unmarried, adult sons and daughters (age 21 or over) of U.S. citizens’ I-130 form.

In 2011 it was approved but at this stage I was back in Australia in a relationship. My new partner and I had 2 children in 2012 & 2013 and then in late 2013 we eloped and in 2015 we divorced.

In 2015 I got a new copy of the approved I-130 sent to me from the USCIS.

I’m single now and wanting to know if I can still use the approved I-130 once in the USA via form I-485.

What I’m confused about is my marriage situation. I’ve heard off one immigration officer via telephone that the I-130 is void the day I married. Another officer told me that I can still use it since the 1-130 petition was approved before the date of marriage.

I understand the marriage/divorce wouldn’t affect the application if my Dad was a US Citizen as there is a category for that. My Dad is applying for US Citizenship soon.

 

My question is can I still use it?

If not what are all my other options for permanent residency?

Does the USCIS check international marriage registries when filing I-485?

 

Thankyou

 

Kris

[mytruelove18 608]

1-130 died the day you got married, it isnt Good no more. You need apply for other application . 

Edited March 19, 2022 by mytruelove18

[KrisF78 1]

Damn it i thought so thankyou for your response mytruelove18

 

And does the USCIS check marriage history with other government marriage registries?

 

[SalishSea 18,012]

14 minutes ago, KrisF78 said:

Damn it i thought so thankyou for your response mytruelove18

 

And does the USCIS check marriage history with other government marriage registries?

 

Uh, so if they "don't" you're willing to commit fraud and lie about it?   Yikes.  Not a great footing to get off on with US immigration.

 

Btw, it is illegal to travel to the US with the intent to adjust status.

 

You need to be petitioned properly, again, and wait your turn in the queue with everyone else.

[Family 4,094]

 

19 minutes ago, KrisF78 said:

Back in 2006, my Dad and I applied for ‘Unmarried, adult sons and daughters (age 21 or over) of U.S. citizens’ I-130 form.

In 2011 it was approved but at this stage I was back in Australia in a relationship. My new partner and I had 2 children in 2012 & 2013 and then in late 2013 we eloped and in 2015 we divorced.

 

I am hoping that is an unintentional boo boo,  since Dad was and still is an LPR , therefore you were not “ adult son/daughter of US Citizen.” 
No you cannot use that I-130 nor can you recapture/retain the priority . Revoked or better yet dead as this member said. 
Next part of your question involves a bit of fraud…if they don’t know I married, then I won’t tell them…and a pretty common occurrence for some countries and for that Visa Preference Category. Imagine waiting decades without starting a family…

Nonetheless, it’s fraud so be careful  . 

 

 

3 minutes ago, mytruelove18 said:

1-130 died the day you got married, it isnt Good no more. You need apply for other application . 

 

4 minutes ago, mytruelove18 said:

1-130 died the day you got married, it isnt Good no more. You need apply for other applica

 

[mytruelove18 608]

32 minutes ago, KrisF78 said:

Damn it i thought so thankyou for your response mytruelove18

 

And does the USCIS check marriage history with other government marriage registries?

 

Yes they check marriage and more, on the application firm they ask if you hace been married, if you answer no that mean you are liying and that can have serious consequences to you 

[KrisF78 1]

Ok thankyou ... and does anyone know about E2 visas?

 

When i was visiting my family in 2006 we went and saw an Immigration Attorney on other ways of speeding up the process. She mentioned an E2 visa. My father is a business owner and the attorney mentioned we could go that route and apply for LPR once there working. Do i need an investment deposit to initially give to my father as an investment (which i have) or can he simply sign over 51% of the business?

 

Sorry but im new to the immigration topic after all these years and im just asking questions. Thanks for your help and advice much appreciated.

[SalishSea 18,012]

1 hour ago, KrisF78 said:

Back in 2006, my Dad and I applied for ‘Unmarried, adult sons and daughters (age 21 or over) of U.S. citizens’

So were you fraudulently petitioned for a visa class you were not eligible for?

[KrisF78 1]

12 minutes ago, Jorgedig said:

So were you fraudulently petitioned for a visa class you were not eligible for?

Sorry no that is typed wrong. The original application was I-130  (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents

[Boiler 45,820]

e2 is a NIV

[KrisF78 1]

4 minutes ago, Boiler said:

e2 is a NIV

Yes it is ... and the immigration attorney i saw years ago said i could apply for an E2 and once/if granted i could apply for my greencard afterwards while working in the US. Just wondering since it was my fathers business and he is retiring soon if he can sign it over to me or do i need an initial investment amount as a deposit? (which i have)

 

Maybe i should start another topic for E2? Sorry again im new to this site.

[iwannaplay54 985]

2 hours ago, KrisF78 said:

Damn it i thought so thankyou for your response mytruelove18

 

And does the USCIS check marriage history with other government marriage registries?

 

 

With children, birth certificates with their father’s name - you really think they’ll miss your marriage and divorce? 😂😂😂

 

It’s the FIRST thing they’ll check 😂

Don’t know how many different times I had to attach our kiddos birth certificates to something we filed but my recollection it was to everything and they are USC’s by birth.  Last time was my wife’s N-400.  Birth certificate attachments for the kiddos had to be downloaded.

 

For an E2 you need to plan to set up your own, new business.  Your daddy isn’t going to buy your way in any more than my million plus $ could buy my own wife in.

 

Have a petition filed, get in line, and wait your turn.  Your reference to I485 implies you are planning to enter the US and adjust status which is illegal.

Edited March 19, 2022 by iwannaplay54

[KrisF78 1]

3 minutes ago, iwannaplay54 said:

 

With children, birth certificates with their father’s name - you really think they’ll miss your marriage and divorce? 😂😂😂

 

It’s the FIRST thing they’ll check 😂

Don’t know how many different times I had to attach our kiddos birth certificates to something we filed but my recollection it was to everything and they are USC’s by birth.  Last time was my wife’s N-400.  Birth certificate attachments for the kiddos had to be downloaded.

 

For an E2 you need to plan to set up your own, new business.  Your father isn’t going to buy your way in any more than my million plus $ could buy my own wife in.

 

Have a petition filed, get in line, and wait your turn.  Your reference to I485 implies you are planning to enter the US and adjust status which is illegal.

Great thankyou for your response

[powerpuff 6,745]

~ Topic moved from AOS work/student/tourist visas to Bringing Family members of LPRs ~

[Rocio0010 5,582]

8 hours ago, KrisF78 said:

is ... and the immigration attorney i saw years ago said i could apply for an E2 and once/if granted i could apply for my greencard afterwards while working in the US.

Yikes. That’s also fraud. Have you fired that attorney yet?