I-130 for my wife was denied, pls help for my situation. I divorced in China in 2001, got GC 2002, and married again in 2003 in NY.
The letter saying that since neither me or ex-wife was present during the divorce proceedings, NY state does not recognize the divorce. We did have our power of attorney to represent us legally in China for the divorce. (but the poor translation does not show on the divorce decree.)
From their citation on the letter of Matter of Luna, 1983 case, it says the ...NY reconized the foregin divorce through some type of appearance....
By ex-wfie was married in 2003 in NY to a citizen and got her GC. So her divorce which is same as mine must have been reconized...
Should I fight through the appeal? I heard it takes a long time...
Or should we go somewhere else, marry my wife again...(sound ridiculous, i know) and file antoher application? what about motion? Can I re-open the case if I get the new marriage certificate from somewhere else who reconize my divorce before...Can I appeal and also file a new application for the time consideraion?
Thx all for the ideas and thoughts!
The letter saying that since neither me or ex-wife was present during the divorce proceedings, NY state does not recognize the divorce. We did have our power of attorney to represent us legally in China for the divorce. (but the poor translation does not show on the divorce decree.)
From their citation on the letter of Matter of Luna, 1983 case, it says the ...NY reconized the foregin divorce through some type of appearance....
By ex-wfie was married in 2003 in NY to a citizen and got her GC. So her divorce which is same as mine must have been reconized...
Should I fight through the appeal? I heard it takes a long time...
Or should we go somewhere else, marry my wife again...(sound ridiculous, i know) and file antoher application? what about motion? Can I re-open the case if I get the new marriage certificate from somewhere else who reconize my divorce before...Can I appeal and also file a new application for the time consideraion?
Thx all for the ideas and thoughts!