remarriage during I-751 is pending

K

kena

Registered Users (C)
Hi,
I'm 2years GC holder. I filed I-751 jointly with my ex-husband in August last year, 2008. I got a letter for requesting more evidence from USCIS in December. We were married in good faith, but unfortunately our marriage didn't work out. We divorced because he was cheating & he made a woman pregnant. I sent USCIS a letter explaining the reason of divorce with divorce decree in January, 2009. I got a letter in March saying my case is forwarded to the local office & they are gonna let me know the date for an interview.

It's July already & I am still waiting for a letter from the local office for my interview.

Since my divorce was finalized, I started new life with new boyfriend. Now I am pregnant. My GC with one year extension will be expired this November. The due of our baby is this October.

We are thinking to get married. My partner called USCIS and explained our situation. USCIS said as long as I have GC & divorce is finalized & filed divorce decree to USCIS and it is before judgement, it is no problem to remarry.

What do you think? Please give me your opinions.

Thank you for your time.
 
You must file a new i-751( divorce waiver) as the joint one you filed is invalidated by your divorce. As to getting remarried the USCIS has notheing to do with that that is between you and your partner.
 
Azblk & Triple Citizen, thank you for your reply! When my divorce was finalized, I called USCIS & asked if I should refile I-751 waiver like you guys suggest me. A lady told me "if I were you, I'm not gonna do like thing jump the wall. Just try send a letter explaining the reason for divorce with divorce decree & see what a judge's gonna say. Then you can make action". That's why I sent a letter explaining the reason for divorce with divorce decree to USCIS. And I recieved a letter saying USCIS's gonna hold an interview for me. So I thought USCIS's gonna think about my case after an interview... . My boyfriend & I really want to get married & start our new life with our baby as soon as possible. Even though I sent divorce decree to USCIS, without filing I-751 waiver to withdraw my first I-751 with my ex, if we get married, is it cause problems?

One more thing I concern is my GC with one year extension will be expired this November & the due of my baby is this October. Although I have medical, coverage for pregnancy is not good at all...very expensive...super expensive. Unfortunately I (we) can't afford financially just think about how much it's gonna cost for labor. So I am thinking to give a birth in my country because the cost of labor is way cheaper...just like nothing in my country.

If I decide to give a birth in my country, I will have to fly by September. After giving a birth, I have to go to US embussy to apply baby's US passport, but concerning baby's health, I'll not be able to take a baby outside at least 2 weeks ~ a month after his/her birth. I heard it'll take to get US passport more than 2 weeks. Due is October, and GC'll be expired in November...I have only a month...means it must be impossible to come back to US before GC's expiration date....... . I don't know what is the best way to do.

Thank you for reading this.
 
Unfortunately I (we) can't afford financially just think about how much it's gonna cost for labor.
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if you don't have money for giving birth, do you know how expensive babies are in general - after birth?

I heard it'll take to get US passport more than 2 weeks.
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what passport? if you are giving birth outside the US, and the baby is out of wedlock, I think it's going to take a bit longer for the US passport.
 
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If you're going to give birth outside the US, get married first. Otherwise it becomes much more complicated to get US citizenship for the baby.
 
I heard it'll take to get US passport more than 2 weeks. Due is October, and GC'll be expired in November...I have only a month...means it must be impossible to come back to US before GC's expiration date....... . I don't know what is the best way to do.
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You'll need to apply for a Transportation Letter at the US consulate in the country where you're going, so you can return to the US.
 
I came here in US initially in Nov of '03 with B1/2 multiplle visitor visa while on vacation. We went out for a party in Dec and I met my Ex there. We fell in love with each other right there after so much dance. We then exchanged phone numbers and we started seeing each other immediately. Her son then 7yrs old became my closest friend b/c we play games and made jokes together. Mid Jan 04, I told her that my vac was up and that i was gonna go back by end of jan. She cried so much about my going back. To cut the long story short, She proposed to marry me to stop me from going back. I told her that even if we got married, i still have to go and take care of all my stuff and then come back. She agreed , we got married mid Feb 04, I went home end of Feb 04 and came back May 04. We started living together and i filed my I485. At the interview the IO asked who initiated the marriage and she said she did, that she been lonely for a long time. End of sept 04 i got my first 2 yr GC. and everything was still going smoothly. Jan 05 she quit her job, and i was forced to get a job that takes me out 2-3 weeks at a time just to pay the bills. She deceided that we move closer to her home town which we did. Thereafter she started overspending . Grabbing all the unaffordable stuff meanwhile she's not working to help. We had a lot of problems based on her overspending.We were always very behind in all our bills.She would go to the bank and take all money we had without thinking about the bills. If I complain she would threaten me with divorce. It continued up until july of 06 when we filed a joint I-751 with enough evidence like joint insurance, joint lease, joint bills, joint bank statements,joint tax, notorized affidavit.(They have never asked for proof of marriage ,denied or questioned my I751 up untill now), etc . I came back from work in August 06 only to find out that she has moved to an unknown location taking all the money we had, with none left to pay the bills. With the help of my friends I paid the bills. Called her and she refused to come back. I then moved back to Dallas end of Sept. unaware that she filed a divorce on the basis insupportability which was granted on nov 9th 06. Went to nursing school Feb 07 and continued with my school. Getting I551stamp with info pass when necessary. Aug 07 I was interviewed for joint I751 in San Antonio. I told the IO that we are no longer together. I also told him that I moved back to Dallas.(They did not change my address on the system even though I have a letter stating that its been changed). Then he asked me what I was doing and I told him I was in nursing school , showed my id card etc. He then told me that since I came from Dallas that he will trasfer my case to Dallas and that I should go home, that the Dallas office will call me for another interview. Sept 07 I heard rumors that she alredy filed for divorce. I called the county court where we lived then and behold it was true.I had met somebody that I really liked that same Sept, so having known that she already filed for divorce, we became serious and in Dec 07 we got married.(We now have a sweet little girl, she was born july 09).
Continued to wait for Dallas to call me for interview. In feb 09, i went on info pass to get a stamp and the IO told me to contact the I751 unit. Meanwhile he gave me a one yr stamp which will exp feb 2010. I called the court that did the divorce and got a copy, wrote I751 unit requesting a waiver and included the divorce letter. All this happened feb 09. Oct 09 I filed N400 based on 5 yr Gc while my I751 is still pending.(Included my current wife(USC) and my daughter(USC). interviewed Jan 5th 10, The IO flipped through my file a couple of times, and then she went ahead to ask me all the info in my N400 under oath. She made me sign the N400 form, confirmed my name for cert and signed, then signed passport pix. I was expecting her to mention my 751 but she never did. She had all my files b/c my file was very thick, and i believe my FBI check came through b/c she never said anything about it and I have never been in trouble except for 1 speeding ticket which they could not drop b/c my DL was commercial.(I paid the fine $200). The IO then stood up gave me paper saying that decsion cannot be made at this time. She also said that she needs more time to review my file and that she will send me a letter in the mail. My I751 stamp will expire next month, I already have an info pass appt to get a stamp on jan 19th. 2010. Any help at this time will be very much appreciated. I have been acting on my own without any attorney advise or help from anybody. I guess its time to get an attorney pls help.
 
N400 While I751 is pending

I came here in US initially in Nov of '03 with B1/2 multiplle visitor visa while on vacation. We went out for a party in Dec and I met my Ex there. We fell in love with each other right there after so much dance. We then exchanged phone numbers and we started seeing each other immediately. Her son then 7yrs old became my closest friend b/c we play games and made jokes together.

Mid Jan 04, I told her that my vac was up and that i was gonna go back by end of jan. She cried so much about my going back. To cut the long story short, She proposed to marry me to stop me from going back. I told her that even if we got married, i still have to go and take care of all my stuff and then come back. She agreed , we got married mid Feb 04, I went home end of Feb 04 and came back May 04.

We started living together and i filed my I485. At the interview the IO asked who initiated the marriage and she said she did, that she been lonely for a long time. End of sept 04 i got my first 2 yr GC. and everything was still going smoothly. Jan 05 she quit her job, and i was forced to get a job that takes me out 2-3 weeks at a time just to pay the bills. She deceided that we move closer to her home town which we did. Thereafter she started overspending . Grabbing all the unaffordable stuff meanwhile she's not working to help. We had a lot of problems based on her overspending.We were always very behind in all our bills.She would go to the bank and take all money we had without thinking about the bills. If I complain she would threaten me with divorce.

It continued up until july of 06 when we filed a joint I-751 with enough evidence like joint insurance, joint lease, joint bills, joint bank statements,joint tax, notorized affidavit.(They have never asked for proof of marriage ,denied or questioned my I751 up untill now), etc .

I came back from work in August 06 only to find out that she has moved to an unknown location taking all the money we had, with none left to pay the bills. With the help of my friends I paid the bills. Called her and she refused to come back. I then moved back to Dallas end of Sept. unaware that she filed a divorce on the basis insupportability which was granted on nov 9th 06.

Went to nursing school Feb 07 and continued with my school. Getting I551stamp with info pass when necessary. Aug 07 I was interviewed for joint I751 in San Antonio. I told the IO that we are no longer together. I also told him that I moved back to Dallas.(They did not change my address on the system even though I have a letter stating that its been changed). Then he asked me what I was doing and I told him I was in nursing school , showed my id card etc. He then told me that since I came from Dallas that he will trasfer my case to Dallas and that I should go home, that the Dallas office will call me for another interview.

Sept 07 I heard rumors that she alredy filed for divorce. I called the county court where we lived then and behold it was true.I had met somebody that I really liked that same Sept, so having known that she already filed for divorce, we became serious and in Dec 07 we got married.(We now have a sweet little girl, she was born july 09).

I then continued to wait for Dallas to call me for interview. In feb 09, i went on info pass to get a stamp and the IO told me to contact the I751 unit. Meanwhile he gave me a one yr stamp which will exp feb 2010. I called the court that did the divorce and got a copy, wrote I751 unit requesting a waiver and included the divorce letter. All this happened feb 09.

Oct 09 I filed N400 based on 5 yr Gc while my I751 is still pending.(Included my current wife(USC) and my daughter(USC). interviewed Jan 5th 10, The IO flipped through my file a couple of times, and then she went ahead to ask me all the info in my N400 under oath. She made me sign the N400 form, confirmed my name for cert and signed, then signed passport pix. I was expecting her to mention my 751 but she never did. She had all my files b/c my file was very thick, and i believe my FBI check came through b/c she never said anything about it and I have never been in trouble except for 1 speeding ticket which they could not drop b/c my DL was commercial.(I paid the fine $200). The IO then stood up gave me paper saying that decsion cannot be made at this time. She also said that she needs more time to review my file and that she will send me a letter in the mail.

My I-551 stamp will expire next month, I already have an info pass appt to get a stamp on jan 19th. 2010. Any help at this time will be very much appreciated. I have been acting on my own without any attorney advise or help from anybody. I guess its time to get an attorney pls help.
 
Firstly, you should have started your own thread.
Secondly, you are actually in a good position, relatively speaking. You had your N-400 interview. Start counting 120 days from that day. They need to make your N-400 decision in that time frame. They also need to adjudicate your I-751 before they adjudicate your N-400. Good luck and keep us posted!!!

cea70 said:
My I-551 stamp will expire next month, I already have an info pass appt to get a stamp on jan 19th. 2010. Any help at this time will be very much appreciated. I have been acting on my own without any attorney advise or help from anybody. I guess its time to get an attorney pls help.
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