Mobius2

Wrong place, please move to "IR-1 / CR-1 Spouse Visa Process & Procedures" section.

Sorry, but I disagree. The applications now clearly state law enforcement interactions (including citations). Speeding tickets don't harm your case unless you get an outrageous amount. However not disclosing can result in denial or delay of decision. The best action is to contact the DMVs and get your driving record, as well as an attempt to fetch old tickets. Put in a note that you had more but are unable to find records of them anymore, however, they are all paid with nothing pending (if that's the case) Often IOs don't even bother with them but being honest is what they are looking for. My n400 IO told me "I don't care about those".

. Hey Fam, I thought I was done with USCIS for good but no. Now I am trying to bring my spouse over, hence filing I-130.... Background : I was previously married and got divorced. Have a child from the last marriage... Confusion : Upon filling in the I-130, I came across the "beneficiary's family" >>> "Additional family" section. Please see the attachment. Do I list my child from my previous marriage ( a USC by birth) here? I read somewhere that any stepchild for the beneficiary under 18 is considered an Immediate family member. Essentially Step-child for her (under 18) and biological child for me. Dont want any mis-rep claims later. Thought I'd do it the right way to start with. Currently, I have added a special note in the additional information section, explaining the same in the I-130 application. Thanks for your input.

I think you can challenge the divorce itself in court by having the case re-opened, and taking your husband and marital evidence along. However, I feel there's something more sinister going on in the background. This probably was the husband's "ace in the hole" card set to bloom later on as some sort of twisted revenge. Could be wrong too... Best to have a lawyer who deals with immigration and family law look into this and fix it ASAP. Also either don't apply for citizenship or be ready to convince USCIS big time.

Been there, done that. While we don't live in a perfect system, immigration and courts included, the key to our happiness is within our grasp. Many might disagree with me when I say that courts still favor women more than men, though that is now slowly changing into a balanced approach. I too have been a victim of false allegations, the same allegations if I had made against my ex (woman), I would have been laughed out of the court with my case. But I was able to prove her false, her punishment for lying under penalty of purgery was, "Please be nice". Appauled though I was, I learned to make peace with this along with many other things, and moved on with life. You can write a letter. Let's say she marries another person or gets citizenship and then sponsors another person, every time she applies for an immigration benefit, this letter will surface and questions may arise. USCIS operates on proof of marriage, they don't care 1 bit about a good husband or wife, the pain you had to endure unless your case is VAWA.

That DUI, unfortunately, will block you from passing the "Good Moral Char". Letters from friends, church, work, etc will not do any good here. You can still apply but 99% chance of denial along with the lost fee and wait time. Imo, wait 5 years from when you were officially charged and convicted of DUI.

Since your divorce took place out of the US, I am unsure if the court is involved and how much to keep track of CS. If you can obtain a receipt, often called a Child Support Arears Affidavit, it would be great. If not, then print all of your receipts of payments sent thru WISE and your bank statements and take them along to the interview. Often they don't get a chance to look at uploaded docs ahead of time. It sucks that ex-spouses become extra difficult after divorce esp when children are involved but that is human nature...

Late to this thread but unfortunately this is going to be the Achille's heel of your immigration journey. USCIS operates with an assumption that every marriage-based case is a fraud and it's the petitioner's job to prove them wrong. This just gave them all the ammunition needed to verify their assumption. All I can say is good luck but I also feel for USC. As you have already heard many times, it was not a good thing to do (morally and immigration-wise) but then again there are no saints. Life is strange.

Yes, you should always be prepared to answer ANY immigration-related questions from your first day in the US to the end of your marriage to your appointment date. The type and intensity of questions depend on 1. Complexity of the case, 2. Personality of IO.

Assuming he has a GC and not Citizenship, you could write up a detailed letter to USCIS about how he "used" you. If what you say is true, it will catch up to him to some degree during citizenship. The evidence would need to be on point, void of hurt emotions, and need to contain material facts that violate laws which could point out how the marriage on his part was purely a means to an end. And don't lie about things as that is a punishable offense. If you can't do so, "lick your wounds" and move on. It's a crazy time we live in, where not just in marriage but in many other aspects of life morality is non-existent.

You have seen misinformation lol. Divorce final before joint i-751 approval (without an interview, without RFE) = BAD move Divorce final after joint i-751 approval (without an interview, without RFE) = Bring a lawyer. See conditions. Conditions: Your IO's personality. Your lawyer's confidence and ability to guide you through that interview. Your own confidence, case, and the past marriage's merits. Regardless, people in this situation need to consult lawyers.

I consulted 10, all gave me the same opinion. And their opinion was right, not a stroke of luck.

Idc about asylum seekers and other cases, neither my quarrel nor my expertise. I am sure the system is far from perfect but what's undeniable there is a high level of integrity when bestowing citizenship or permanent residency. Now you can go and question their policy and process all day every day but the fact is they are the gatekeepers and not VJ forums. What's most important is that the OP has decided to opt for a lawyer who will answer his questions more clearly and with authority than anyone here. And THAT is all I care about. Wouldnt mind him sharing the feedback. This thread has served its purpose. Sayonara

Every single lawyer, unless employed by the govt. itself has problems and gripes with the govt. Since the whole idea is to prove each other wrong by translating the law in their own favor. (Similarly, between police and lawyers - they not literally but figuratively despise each other) Luckily, no matter how you look at them, their investigation is thorough because not only IOs jobs depend on it but also there is a checklist at the end of interviews, followed by supervisor signoffs whose jobs also depend on accurate processing. Not sure if you have seen an n400 FOIA, check it out sometime. Even an AOS FOIA has necessary checks required. With the introduction of AI and software advancement, red flags are automatically raised on potential concerns making IOs jobs easier and abuse more detectable than before. Back then I751s were a piece of cake, a matter of a couple of months with good evidence. But obviously, with now the former and charged president who made everything very difficult during his time and covid forced halts, the processing time has been increased. No one here is making up rules either but following them.

But it's not a farce. Instead, a final check before a person is admitted as a full permanent resident and filter out marriage case abusers. Hold on to your logic that i751s for USCIS is a farce. But I didn't say there's no relevance. You are either married or divorced. Two distinct statuses. Nowhere does it say that a person is obliged to inform of separation/ pending divorce. The assumption is the person telling them. Going back to your earlier pun that I got lucky, which entails that IOs/ supervisors are not double-checking their work. Combine this with the farce, and it tells me that you have pretty much no respect and no trust in USCIS, yet you paste these text blocks here, to what end? I think the OP has gotten the correct advice he deserves and is now in a better mindset.