Spouse cannot remember information about ex-wife

[Family 3,988]

An afterthought…at Adjustment in the US only divorce doc is required BUT for Consular process, some posts actually ask to see previous marriage certificate of exes..

Is your spouse in the US or outside?   If outside, what country?

[SalishSea 17,808]

9 hours ago, Janelle K said:

I read through the divorce settlement multiple times. There were a handful of dates on it, all within a few months of each other. Surprisingly the start date of the marriage was NOT a date listed on his divorce paperwork. There was no alimony, and they had no assets other than her vehicle. No alimony - no assets to split. She kept what little they had and he left the country to go back to the UK. 

 

As for asking his family - we asked his cousin, and she tried to get his parents involved. He's estranged from them and does not wish for them to be involved in his life anymore, so he is not willing to contact them. I'm hoping we don't need the EXACT date of when the marriage begun, considering we have the legal proof that it ended. 

So he was petitioned by another American previously?

[MarmiteC 68]

Your post says you are prepping for your husband's immigrant visa, and your tag show UK, so it appears your husband is from the UK?

 

If so, my decree absolute from my divorce shows the date of the marriage.  My divorce was done in the UK. Where did he get divorced?

[Janelle K 3]

43 minutes ago, MarmiteC said:

Your post says you are prepping for your husband's immigrant visa, and your tag show UK, so it appears your husband is from the UK?

 

If so, my decree absolute from my divorce shows the date of the marriage.  My divorce was done in the UK. Where did he get divorced?

California

 

8 hours ago, SalishSea said:

So he was petitioned by another American previously?

Yes, over 20 years ago. He lost his green card when they divorced and she kicked him out. He figured if he had to be homeless, he might as well do where he can get help from family. Unfortunately he did not know about the I-131 form and did not get permission to be gone. He was gone 2.5 years and had no tangible evidence of his intent to return. We were already engaged when we figured out about the 2 year rule. He decided he'd rather start over than risk facing a court appearance upon return. 

 

9 hours ago, Family said:

An afterthought…at Adjustment in the US only divorce doc is required BUT for Consular process, some posts actually ask to see previous marriage certificate of exes..

Is your spouse in the US or outside?   If outside, what country?

He is outside the US currently - in the UK

[Mike E 11,739]

2 hours ago, Janelle K said:

He decided he'd rather start over than risk facing a court appearance upon return. 

 

2 hours ago, Janelle K said:

He is outside the US currently - in the UK

Given complexities of the new case, he should just get on a plane and fly to U.S. with his gc.

 

The risk of a court appearance is low. By which time, he will have figured out when he was married, how to get the marriage certificate and be  well on his way getting a green card through you.

 

Whereas if he does not get a court appearance, he is home free.

Edited June 20, 2023 by Mike E

[manyfudge 285]

59 minutes ago, Mike E said:

 

Given complexities of the new case, he should just get on a plane and fly to U.S. with his gc.

 

The risk of a court appearance is low. By which time, he will have figured out when he was married, how to get the marriage certificate and be  well on his way getting a green card through you.

 

Whereas if he does not get a court appearance, he is home free.

I think she posted on Reddit that he signed an i-407.

Edited June 20, 2023 by manyfudge

[manyfudge 285]

22 hours ago, Janelle K said:

I'd have to request it in writing (minimum 3 week processing), and they require the date on that application to get the document

Personally, I’d fill it 01/01/year and then still request in writing.

 

Then submit the correction to NVC/consulate.

[Janelle K 3]

1 hour ago, Mike E said:

 

Given complexities of the new case, he should just get on a plane and fly to U.S. with his gc.

 

Unfortuantely that is no longer an option. He signed an I-407 in December 2021. He is no longer a GC holder. 

He suffers with severe anxiety, and was not willing to give up everything he currently has in the UK on a chance he might be deported and homeless again. Even if the chance was small, it was enough to put him in a full blown panic attack because he has zero tangible evidence of intent to return and did not submit an I-131 before he left. He didn't feel comfortable risking everything on if a CBP agent was in a good mood that day or not. 

 

1 hour ago, manyfudge said:

I think she posted on Reddit that he signed an i-407.

Yep that's me lol

 

51 minutes ago, manyfudge said:

Personally, I’d fill it 01/01/year and then still request in writing.

 

Then submit the correction to NVC/consulate.

I'll have to call and see if I can even submit the paper application to request the marriage certificate without the date. I tried the California Vital Records website they have and I couldn't get past the date portion on the website. The site says "if you don't have all the information, wait to request the record until you do" like gee thanks this is the whole reason I'm requesting this information in the first place lol 

[Redro 4,611]

18 minutes ago, Janelle K said:

Unfortuantely that is no longer an option. He signed an I-407 in December 2021. He is no longer a GC holder. 

He suffers with severe anxiety, and was not willing to give up everything he currently has in the UK on a chance he might be deported and homeless again. Even if the chance was small, it was enough to put him in a full blown panic attack because he has zero tangible evidence of intent to return and did not submit an I-131 before he left. He didn't feel comfortable risking everything on if a CBP agent was in a good mood that day or not. 

 

Yep that's me lol

 

I'll have to call and see if I can even submit the paper application to request the marriage certificate without the date. I tried the California Vital Records website they have and I couldn't get past the date portion on the website. The site says "if you don't have all the information, wait to request the record until you do" like gee thanks this is the whole reason I'm requesting this information in the first place lol 

You might want to consider filing a FOIA for your husband’s US immigration history- his A-file. It should have date of his previous marriage somewhere on one of his applications… no? Does he know his  a number? 

Edited June 20, 2023 by Redro

[Janelle K 3]

6 minutes ago, Redro said:

You might want to consider filing a FOIA for your husband’s US immigration history- his A-file. It should have date of his previous marriage somewhere on one of his applications… no? Does he know his  a number? 

I thought about doing that - Wasn't sure if I was allowed to request it for him or if he has to. I hadn't had a chance to look into that one too much. Definitely a good idea though, thank you!

[Mike E 11,739]

1 hour ago, Janelle K said:

I thought about doing that - Wasn't sure if I was allowed to request it for him or if he has to. I hadn't had a chance to look into that one too much. Definitely a good idea though, thank you!

IMO, when a third parry  does the FOIA, certain personal details will be suppressed.

 

USCIS FOIAs are now all online. It takes under 30 minutes to submit one. He should submit his own. He will have the records in less than a month.

[Family 3,988]

Do not delay filing your I-130 using the estimated date. By the time petition is approved and gets to NVC/consulate he will have his FOIA records to set your mind at ease. 
 

On FOIA , request his entire A# File and specify to include marriage certificate and all civil docs.