Divorced while 485 is on Pending

C

chittts

Registered Users (C)
Hello Gurus,

I need your valuable help.
Here is my case..

Iam presently working in H1 Status and have filed my 485 in
Jan 2003, at Vermont centre.(Approval pending).
My I-140 is approved and I have my EAD also.

I was married but seperated when I filed my 485.
And due to various reasons, I have not included my ex-spouse's details in my current 485.

Iam now divorced and planning to get married by April 2004.
The girl, am to marry is now residing inUS, holding her own H1 visa.

1) Will my second marriage affect my GC process in any way?

In this scenerio,assuming we are getting married after 4 months, 2)how am I to include my new wife's details to my 485.

I was told that I need to file 'Follow To Join' by some of my collegues, forwhich I didn't find any clear details, on our forum.

3)Is this the procedure I need to follow?How I can include my new wife on my GC?
Can anyone briefly eloborate onto the procedure clearly.
Or Is there any other better option?

Also, I assume that mine will not be approved before next April, based on the current approval status.

If suppose, I get approved before my marriage, how am I to proceed further for my new wife?

Any sort of help with this regard is greatly appreciated.

Thanks in advance,
chittts
 
You need to apply I-485 for your new wife along with divorce papers of old marriage. She may get interview. Apply it before your approval.

You need a good attorney
 
Sorry, fella' not many souls here have experience in divorced and remarried type filing (sorry if I sound silly).

Seek a liars (lawyer's) help.

:eek: :eek: :eek:
 
You just file I-485 for your wife after you get married with your I-485 receipt if your case is not approved at that time.
 
Thanks a lot guys for all your valuable suggesstions.
I assume that, I need to only apply I485 for my new wife along with my divorced papers, marriage registration certificate and my I485 receipt.

Is that all the required documents? Pls. confirm for the same. Still people suggest me to file follow to join for my new wife.

Can you guys, please explain, why follow to join is not required in my case? (as none of you guys suggested me for follow to join for my new wouldbe)

Shall be more thankful, if you can clarify the same.

Thanks in advance
 
Last edited by a moderator:
Based on your post,

You didn't file for your x-wife when you filed your I-485.

If your get married before your 485 approval, you can just include your wife in the 485 process by filing 485 for her with your marriage certificate and your 485 receipt as a derivative applicant. I think follow to join process is applicable only if your wife is out of the country. Please comeone confim this.
 
Originally posted by rangav
If your get married before your 485 approval, you can just include your wife in the 485 process by filing 485 for her with your marriage certificate and your 485 receipt as a derivative applicant. I think follow to join process is applicable only if your wife is out of the country. Please comeone confim this.
Click to expand...

This is correct.

Let me echo what rangav implied but didn't say: do not file the divorce paperwork with your wife's I-485. If the state was willing to marry you, then it assumes the divorce is final. Sending extra information gives USCIS more chances to RFE or transfer your wife. If they want to know more about your divorce, they'll ask.
 
Hi folks,
Thank You onceagain.

When I originally filed my I-485,
1) I submitted my Ex-Marriage certificate,my ex-wife's name but didnot file details of her.

So In this case, since I have already submitted my ex-Marriage certificate, Is it Ok, If I submit my new Marriage Certificate (without submitting my divorce papers) ?

Please suggest as to whether do I need to include my divorce papers also, while applying the I-485 for my new wife?

Appreciate all of your valuable help.

Thanks.
 
Originally posted by chittts


since I have already submitted my ex-Marriage certificate, Is it Ok, If I submit my new Marriage Certificate (without submitting my divorce papers) ?
Click to expand...

Polygamy is a felony in the US. Termination of all prior marriages must be informed too in order to keep things straight.
 
Originally posted by chittts
So In this case, since I have already submitted my ex-Marriage certificate, Is it Ok, If I submit my new Marriage Certificate (without submitting my divorce papers) ?
Click to expand...

First off, you are not submitting anything.

Second, all your new wife needs to do is submit evidence that you two are married when she files her I-485.

Third, if USCIS wants to know more, they'll ask.
 
TheRealCanadian's advice is bang on! No need to volunteer extra information unless asked for. If USICS wants more information, they will be very prompt in asking for it. No point in murking the waters unnecessarily.

The fact that you have a marriage certificate for your second marriage is justification enough that you are in a legal wedding. It is assumed that all prior marriages have been disolved.

Follow to join, is valid only when your spouse is outside the country. When the spouse is in the country then you just file a derivative 485! With your spouse as a dependent.

As soon as the marriage goes through and you receive your marriage certificate, file for her AOS, with your 485 receipt and marriage certificate as proof of derivative 485!

Good luck!
 
Originally posted by 140_takes_4ever
T
The fact that you have a marriage certificate for your second marriage is justification enough that you are in a legal wedding. It is assumed that all prior marriages have been disolved.

Click to expand...

Correct, if the marriage certificate is issued by a US government institution (assuming the people entering marriage truthfully informed the court of the annulment of prior marriages - as opposed to concealing any facts).
 
I guess you got all your questions answered. You should be fine because your chances of getting approval before Apr'04 are < 1%.
Don't worry too much about the legal jargon like "follow to join" , "derivative applicant" etc. When you talk to the lawyer, he will take care of the procedure. I don't think that you will be filing the papers on your own, without a lawyer's help. Follow his guidance.
 
Hi Folks..
Thanks a Bunch for all of you guys for your great support and amicable responses. I feel, am cleared off with the things to be preceeded.

It was wonderful indeed, to know all of your valuable and timely suggestions.

I wish everyone a Very Great and Prosperous Year ahead.

Thank You all.
 
chittts,

Please remember advice given on this board is by people who are not lawyers. Before making any life changing decisions, it is advised that you talk to an attorney who knows the finer points of the law.

Good luck and a very happy new year to you!
 
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