Today me and my husband spoke to an attorney about our current situation from immigration. I myself am a USC, and my husband has been in the U.S. on work permits for 5 years from his previous marriage. He has divorced his ex-wife on August 13, 2008. A month later he remarried me. Now two days ago we received a Notice to Appear for him because of his recent divorce. Because they failed to approve/deny his marriage after 5 years he will have to go through this immigration process all over again. We know why they never approved/denied his case but there is nothing we can do. When we spoke to an attorney about this, he called the immigration office in Miami, and said that they have not filed anything on his case yet, and did not appoint him a judge. He said we should go ahead and try to send an I-130 along with an I-485 as soon as possible before they appoint us a judge to take our case. With that being said, there is a question on I-130 asking us:
16. Has your relative ever been under immigration proceedings?
The attorney said we should just go ahead and say no but in the when and where add "NTA October 24,2008 - has not been filed" and attach a copy of the Notice to Appear. Will this be sufficient information for them? Or should we go ahead and further explain our case to them on an attached word document saying something along the lines of...
My relative, *****, has never been under immigration proceedings. Although, we have recently received a “Notice to Appear” on October 24, 2008 but case has not been filed and “Date & Time To Be Determined”. We spoke to an attorney on November 05, 2008 and he has informed us that we may apply for I-130 concurrently with I-485 because they have not filed a case or appointed a judge for us. This Notice to Appear is based on a recent divorce that ended on August 13, 2008 from my relative/husband. On October 16, 2008 myself, *****, and my relative/husband, ****, were married in good faith. We have attached a copy of the Notice to Appear sent to us.
16. Has your relative ever been under immigration proceedings?
The attorney said we should just go ahead and say no but in the when and where add "NTA October 24,2008 - has not been filed" and attach a copy of the Notice to Appear. Will this be sufficient information for them? Or should we go ahead and further explain our case to them on an attached word document saying something along the lines of...
My relative, *****, has never been under immigration proceedings. Although, we have recently received a “Notice to Appear” on October 24, 2008 but case has not been filed and “Date & Time To Be Determined”. We spoke to an attorney on November 05, 2008 and he has informed us that we may apply for I-130 concurrently with I-485 because they have not filed a case or appointed a judge for us. This Notice to Appear is based on a recent divorce that ended on August 13, 2008 from my relative/husband. On October 16, 2008 myself, *****, and my relative/husband, ****, were married in good faith. We have attached a copy of the Notice to Appear sent to us.