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i130 help needed

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by nadiriqbal, Mar 9, 2017.

  1. nadiriqbal

    nadiriqbal Registered Users (C)

    hello i applied for my wife i130 on green card and after 2 months i got citizen ship ans today i received strange letter from uscis about my previous marriage which was ended by divorce here i am copying letter please help.

    LAWFUL PERMANENT RESIDENT STATUS GRANTED VIA MARRIAGE - CURRENT MARRIAGE LESS THAN FIVE YEARS AFTER GRANT.

    A visa petition filed on behalf of an alien by lawful permanent resident spouse may not be approved if the marriage occurred within 5 years of the petitioner being accorded the status of lawful permanent resident based upon a prior marriage to a US CITIZEN or alien lawfully admitted for the permanent residence,unless

    1- the petitioner established by clear and convincing evidence that the marriage through which the petitioner gained permanent residence was not entered into for the purpose of evading the immigration's laws or

    2- the marriage though which the petitioner obtained permanent residence was terminated through death.

    you were accorded lawful permanent resident status on July 1,2011 as the spouse of a usc named xxxxxx
    the marriage which accorded you that status was terminated on july 8,2013.
    your marriage to the beneficiary of the immediate i-130 petition occurred on march 8 ,2015 which is less than 5 years after you were granted lawful permanent resident status.

    you must submit clear and convincing evidence to establish that your prior marriage to xxxxxxx was either terminated by her death or was not enter into for the purpose of evading immigration laws. such evidence may include but is not limited to :

    * documentations showing joint ownership of property , such as the mortgage ,agreements or pavements , property titles, or property registration

    * lease showing joint tenancy at the common residence signed by you , your spouse and the individual renting the property.

    * joint health insurance or credit cards payments.
    * utilities bills such as telephone,gas,power
    * jointly filed income taxes showing that each return was properly filed with the state of federal government .

    * birth certificate of children born to you and this spouse.
    * affidavits of third partied having knowledge of the bonafides of the marriage relation ship or any other documentation which is relevant to establish that the prior marriage was not entered into order to evade immigration laws.



    now my question is i am us citizen and i have 6 years old daughter and i am paying child support each month i have bunch of pictures with ex wife and wedding movie celebrated with 500 hundred family members.


    i dont have any other dacuments exept
    BIRTH CERTIFICATE OF CHILD
    CHILD SOCIAL SECURITY NUMBER
    PICTURES WITH EX WIFE
    WEDDING MOVIE.


    Are these documents or enough to proove my marriage was enter into good faith or i have to do something else.
    i proved in past when i file i751 as waiver though and they issued me 10 years GC
    any help will be appreciated
     
  2. newacct

    newacct Well-Known Member

    This provision shouldn't apply to you now because you are a citizen. You can try sending them your Certificate of Naturalization, informing them that the petition is now upgraded to the Immediate Relative category, and that the petition is no longer subject to INA 204(a)(2)(A) because that only applies to second preference petitions.
     
  3. nadiriqbal

    nadiriqbal Registered Users (C)


    Thank you so much sent out documents lets see what will happen .
     
  4. nadiriqbal

    nadiriqbal Registered Users (C)

    Today I got approval for i130 thanks for your help
    Now please guide me what to do next
    Should I submit ds 260
    Pay fees?
    And effidavit of support ?
    Or I just have to wait to receive letter from nvc to do so ?

    Thanks
     
    Guriix likes this.
  5. newacct

    newacct Well-Known Member

    I believe you wait to be contacted by NVC
     
  6. nadiriqbal

    nadiriqbal Registered Users (C)

    hello just quick question i am going to file i864 here is my income details
    i work on w2 2016 = 11600
    and i have online bussiness which i filed 1099k and income was = 72500

    so should it be enough or they want income on w2 only and i have to find some one joint sponsor ?
    thank you
     
  7. Guriix

    Guriix Registered Users (C)

    Go online and search for "after your petition is approved" on travel.state.gov it shows what steps follow. Its a long and lengthy made worse by the wait times.. wait, send, wait..repeat
     
  8. nadiriqbal

    nadiriqbal Registered Users (C)

    Just quick question I want to apply for my parents and sister under 21 years old question
    1- do I have to submit separately each person I-130 and fees
    2 - or all together one i13o and fee of $535

    Thank you
     
  9. abumiqdad

    abumiqdad Member

    For USC, the option is only the 1st one. Each person has to be petition separately. So prepare the $$$
     
  10. Aquila

    Aquila New Member

    Hi everyone, I need help.

    I'm seeking advice and want to hear stories of people with similar experience(s).

    I got married to my ex in 2010 and later discovered that she was not who she said she was. Before that, I was on a student visa (M-1) which expired a year and a half prior to the marriage. To cut long story short, I found out that she was living on a stolen identity and the marriage itself was abusive (of which I have police reports to prove). She was later convicted of identity theft, at which time I had already left her, but we were not divorced. During this period, we had filed forms I130, I485 and I765, which were returned to us because of some mistakes (I don't know if she resent them to USCIS without my knowledge and subsequent decision(s) that were made). However, she called Immigration on me, telling them that I had married her to become a citizen. We divorced in 2011 (though I was not there for fear of any connection she might have made to get me arrested by ICE, but I have divorce papers now). I married my current wife in 06, 2016 and we have filed forms I130, I485 and I765 two weeks ago. My wife and I are expecting in June. I'm just concerned about how my previous marriage might affect what may happen next, based on my ex wife's call to Immigration. Please any advice will be greatly appreciated.
     
    Guriix likes this.
  11. Pierre82

    Pierre82 Well-Known Member

    I don´t think this will represent any problems unless you have any criminal charges pending on you. You can also seek legal advise but if you don't have any pending cases against you, then you should be fine. Just make sure you have all proper documentation at hand
     
  12. Aquila

    Aquila New Member

    I have no pending criminal charges. Though my wife and I are doing it ourselves, nonetheless, we met with an attorney to make sure of a seamless process. The attorney didn't indicate any foreseeable problem. However, I wanted to seek more advice as per what others may have experienced, and learn more about the process.

    Thanks @Pierre82
     
  13. Pierre82

    Pierre82 Well-Known Member

    No problem and best of luck in your application @Aquila
     
  14. Guriix

    Guriix Registered Users (C)


    The over staying your visa will be a problem..
     
  15. newacct

    newacct Well-Known Member

    It's not relevant at all if the wife is a US citizen.
     
    Guriix and Pierre82 like this.
  16. Guriix

    Guriix Registered Users (C)

    It will depend, if the first marriage was entered into to avoid being in the country illegally, it might be deemed fraudulent during adjustment of status.. get as immigration lawyer to advice on the specifics so you don't present yourself on a platter to ICE.
     
    Last edited: May 19, 2017
  17. Aquila

    Aquila New Member

    @Guriix : I see your point, but I have a strong case in that I was physically abused and my ex was subsequently criminally convicted of identity theft. How can you beat that?
     
    Guriix likes this.
  18. Guriix

    Guriix Registered Users (C)

    I hear you, just do some research before you attend the interview to know what the USCIS officer might look for in a case like yours.
     

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