LA interview, case denied

T

Tuna_Rice

New Member
Hi all

I married my husband on June and we applied for AOS thru marriage in LA, timing is next:
mailed docs to Chicago 10/18/05
receipts: 10/27/05
Fingerprint EAD appointm:11/16/05
Appointment for adjustment:12/27/05 although I was able to take both on 11/16
EAD on my mail: 12/20/05
Appointment notice on mail: 12/27/05
Appointment date: 2/17/06

We were called about 20 min after our interview time and the officer started questioning my husband first, then it was my turn. When she asked me when and where I got divorced I say the truth, I was married on the country my ex and I were born and we went to divorce there too, she then said that because we were both resident of CA at the time of the divorced (a year before a got married 2nd time) we should have been divorced here, because of it CA does not recognize my previous divorce as valid and that voids my current marriage, so since I am not married to an American citizen then I don’t apply for his AOS and my case was not only denied but closed.

After that, my hubby and I went to a court nearby to ask for advice; we were told that my ex and I do not need to file for divorce here because we are already divorced.

Any advice on what to do next??
 
I am sorry for your situation, is pretty weird. It is my understanding that even you was married with another person that wasn't from here but both were residents here, then the divorce should occured here. It is very sad that they wait until the last time to say something like that...hope these links helps.

I found these links very helpul for your case:
http://www.visalaw.com/96oct/5oct96.html (third paragraph)

http://uscis.gov/lpbin/lpext.dll/in...dacted-1883?f=templates&fn=document-frame.htm
 
Thank you so much for the links Cherry1980, they are very informative and from there I've been able to understand that there is a slight chance that since we both (my ex and I) attended the divorce procedings in the foreign country the issue can be clarified, I think I have to present my case either to the court or to the General Attorny in CA for them to decided and if is favorable then present the resolution to the ins, other than that they are going to force me to divorce here in CA and remarried again.
This is so ridiculus.
 
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