GC approved after being denied on interview

Tuna_Rice

New Member
I got the notice of approval yesterday on the mail for the I130 and I485, the second one states that I should receive my actual card on the main on three weeks, I am soooooooo super happy.

I want to post my case for people on the same situation, for me it was really hard to find any help on line with a case like mine. Here is my timing:

mailed docs to Chicago 10/18/05
receipts: 10/27/05
Fingerprint EAD appointm:11/16/05
Appointment for adjustment:12/27/05
EAD on my mail: 12/20/05
Appointment notice on mail: 12/27/05
Appointment date: 2/17/06

On the day of the interview, my case was denied because I divorced my previous husband (both foreign nationals) in our country when we were ca residents, my current husband and I were told at the interview that pretty much I had to divorce again from my ex, re-married again and then re-apply again for the AOS because my current marriage was not valid, at the time of the inteview I was 6.5 months pregnante.

My ex and I were married in our country so we divorced there because we wanted to make sure that we wouldn't have any problems over there with the law, we were both present at the initial and final hearings and we followed the procedures indicated on that jurisdiction.

I went back to my country and asked for official copies of the divorce decree and copies of the whole file, I apostille the decree and the rest of the documents were translated to english. I fired the attorney that I had because I felt she was very incompetent and I hired a new one (after I interview with three), this new attorney research prevoius similar and succesful cases and wrote an excellent letter (5 pages long) to the DO that interview us with copies of the whole file I brought from my country as well as the apostille divorce decree. He went personally to the deliver this package to the room where my husband and I were interviewed on March 21ft and on March 24th my case was approved, no need for a second interview or more documentation.

On this letter he explained why the USC was wrong in denying my case and mainly he based his argument that my country had jurisdition on my divorce because my ex and I were citizens of there and because we were both present at the divorce proceedings. So, eventhough the law states that if you are a CA resident and that you should divorce here, still the divorce was valid because the two reasons I explained before.

Right now my husban and I are extremely happy and hoping for the best in our life together, our son is due in few weeks and we couldn't have a better gift than lifting this wait from our minds. I feel very lucky that I found this attorney and my only final comment is that a good lawyer makes a huge difference.

Good luck to all.
 
Tuna_Rice said:
I got the notice of approval yesterday on the mail for the I130 and I485, the second one states that I should receive my actual card on the main on three weeks, I am soooooooo super happy.

.

CONGRATULATIONS!

P.S. I like your name, "Tuna & Rice"...
....I'm geting hungry, I got to go
:D :D
 
I cannot believe (well actually I can :)) the USCIS would deny your case based upon the facts of the divorce you submitted. Telling you to to get divorced a second time and then re-marry again is just crazy. Your first attorney should of known enough about family law to call USCIS on this at the interview. Luckly, got got a good attorney who understood enough family law to tell USCIS how ignorant they were.
 
I remembered your case!!!, good for you! I am so happy. I remembered that I spoke with my husband since he was married before with a person of another country and he told me that even though they were both residents and divorce here if they decided to divorce outside, the immigration law states perfectly that recognizes the official divorce papers from another country. Even the State Department website states that.
And good to fired that airhead of attorney you had...I am so happy for you!!

Good luck,
 
Nchote 317

I got the notice of approval yesterday on the mail for the I130 and I485, the second one states that I should receive my actual card on the main on three weeks, I am soooooooo super happy.

I want to post my case for people on the same situation, for me it was really hard to find any help on line with a case like mine. Here is my timing:

mailed docs to Chicago 10/18/05
receipts: 10/27/05
Fingerprint EAD appointm:11/16/05
Appointment for adjustment:12/27/05
EAD on my mail: 12/20/05
Appointment notice on mail: 12/27/05
Appointment date: 2/17/06

On the day of the interview, my case was denied because I divorced my previous husband (both foreign nationals) in our country when we were ca residents, my current husband and I were told at the interview that pretty much I had to divorce again from my ex, re-married again and then re-apply again for the AOS because my current marriage was not valid, at the time of the inteview I was 6.5 months pregnante.

My ex and I were married in our country so we divorced there because we wanted to make sure that we wouldn't have any problems over there with the law, we were both present at the initial and final hearings and we followed the procedures indicated on that jurisdiction.

I went back to my country and asked for official copies of the divorce decree and copies of the whole file, I apostille the decree and the rest of the documents were translated to english. I fired the attorney that I had because I felt she was very incompetent and I hired a new one (after I interview with three), this new attorney research prevoius similar and succesful cases and wrote an excellent letter (5 pages long) to the DO that interview us with copies of the whole file I brought from my country as well as the apostille divorce decree. He went personally to the deliver this package to the room where my husband and I were interviewed on March 21ft and on March 24th my case was approved, no need for a second interview or more documentation.

On this letter he explained why the USC was wrong in denying my case and mainly he based his argument that my country had jurisdition on my divorce because my ex and I were citizens of there and because we were both present at the divorce proceedings. So, eventhough the law states that if you are a CA resident and that you should divorce here, still the divorce was valid because the two reasons I explained before.

Right now my husban and I are extremely happy and hoping for the best in our life together, our son is due in few weeks and we couldn't have a better gift than lifting this wait from our minds. I feel very lucky that I found this attorney and my only final comment is that a good lawyer makes a huge difference.

Good luck to all.

Im having the same problem right now and totally desvasted. Do you mind go over more details with mayble thru email I really need your help
 
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