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Delicia

Considering divorce, k-1, remarrying

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Filed: AOS (apr) Country: Chile
Timeline

I am seriously considering divorcing my husband, applying for K-1, remarrying him, then doing the AOS. I think it would be faster (at least up to EAD) than waiting out an IR-1. Things are seriously falling apart in Canada with his family and he wants to bail like yesterday.

Does anyone see any immigration issues with doing this?


My blog

10/01/2005: Married in Toronto

02/15/2006: Began Canadian Immigration

09/19/2007: Withdrew CIC application (they still hadn't processed anything)

10/01/2007: Moved back to U.S.

----------------------------------------------------------------------------------

IR-1 application through Montreal Consulate

10/26/2007: I-130 mailed to CA Service Center

10/29/2007: USPS confirmation of receipt of I-130

02/13/2008: NOA-1 received (107 days)

07/02/2008: I-130 approved

07/22/2008: AOS filed including EAD and AP

07/25/2008: NOA-1s for all 3 received

08/20/2008: Biometrics appointment

08/22/2008: Received RFE for Affadivit of Support and Medical

10/21/2008: Submitted I-865W in lieu of co-sponsor and medical info to NSC

11/14/2008: online case status not updated since filing of AOS in July 2008

01/20/2009: Received another RFE for Affadavit of Support Info

02/02/2009: Responded to RFE with brand new AOS based on 2008 tax return (if that doesn't shut them up, dunno what will)

02/19/2009: EAD card received in mail (no updates on Online Case Status ever made)

02/23/2009: AP received (again, no online updates)

02/26/2009: Received interview appointment letter for 4/6/09

04/06/2009: AOS approved for unconditional GC

04/21/2009: GC received

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Filed: Citizen (pnd) Country: Canada
Timeline

They might question your sanity!

Seriously though, they will probably scrutinize your re-application in minute detail.


Heading Home!

Naturalization

Feb 28/2011 - sent paperwork

Mar 3/11 - received text & email notification - they have it!

Mar 15/11 - text, email, and notice sent - biometrics booked

April 12/11 - biometrics done - I start studying

May - get the letter

June 27 - Interview and oath ceremony - same day

Lifting Conditions

Feb 5/08 - Sent paperwork by USPS - priority

Feb 14/08 - NOA issued

Feb 28/08 - Biometrics letter received for The Bronx Office - have to reschedule

Mar 22/08 - Biometrics rescheduled - LOVE the Saturday appointment!

Feb ?/09 - done!

I'M HIGHLY OPINIONATED WHEN I WANT TO BE, BUT I NEVER SAID I WAS RIGHT

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:( Edited by ~Laura and Nick~

Let's Keep the Song Going!!!

CANADA.GIFUS1.GIF

~Laura and Nicholas~

IMG_1315.jpg

Met online November 2005 playing City of Heroes

First met in Canada, Sept 22, 2006 <3

September 2006 to March 2008, 11 visits, 5 in Canada, 6 in NJ

Officially Engaged December 24th, 2007!!!

Moved to the U.S. to be with my baby on July 19th, 2008 on a K1 visa!!!!

***10 year green card in hand as of 2/2/2012, loving and living life***

Hmmm maybe we should move back to Canada! lol smile.png

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Filed: AOS (pnd) Country: Russia
Timeline

If they smell anything they even think might be fraud, you could be in for a tough time.


------------------K1 Timeline------------------

05 Jul 2007: Mailed I129F petition

06 Jul 2007: CSC received petition

09 Jul 2007: NOA-1 Issued

10 Jul 2007: My check clears the bank

13 Jul 2007: I receive NOA-1 in the US Mail

19 Nov 2007: Touched

19 Nov 2007: USCIS website shows APPROVED

23 Nov 2007: I receive NOA-2 in the US Mail

12 Dec 2007: NVC receives petition

14 Dec 2007: NVC ships petition to Moscow embassy

19 Dec 2007: Moscow embassy receives petition

26 Feb 2008: Interview at Moscow embassy

13 Mar 2008: Received visa

18 Mar 2008: POE in Atlanta

09 May 2008: Wedding

-----------------AOS Timeline------------------

16 Jun 2008: Submittal for AOS

23 Jun 2008: NOA1 for AOS (I485, I765, I131)

24 Jun 2008: AOS checks cashed

15 Jul 2008: Biometrics appointment

04 Sep 2008: Received I-485 Interview letter

05 Sep 2008: AP/EAD Approved

08 Sep 2008: AP/EAD Received

29 Sep 2008: I-485 Interview (I-551 Stamp received)

07 Oct 2008: Green cards received

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Filed: Citizen (apr) Country: Canada
Timeline

Awe.... that is horrific... So sorry that the wait has been so long.. the system is BROKEN.. I don't know why NO "candidate" is talking about that!! GAHHHHHHHHH


AOS:

2007-02-22: Sent AOS /EAD

2007-03-06 : NOA1 AOS /EAD

2007-03-28: Transferred to CSC

2007-05-17: EAD Card Production Ordered

2007-05-21: I485 Approved

2007-05-24: EAD Card Received

2007-06-01: Green Card Received!!

Removal of Conditions:

2009-02-27: Sent I-751

2009-03-07: NOA I-751

2009-03-31: Biometrics Appt. Hartford

2009-07-21: Touched (first time since biometrics) Perhaps address change?

2009-07-28: Approved at VSC

2009-08-25: Received card in the mail

Naturalization

2012-08-20: Submitted N-400

2013-01-18: Became Citizen

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Oh Delicia. To even have to think about divorce, just to get through the immigration process is horrible. It makes me angry that everything is going SO slow for you. :angry:

You two are the only ones that can decide if this is something you want to do. Seriously...I don't know how they could not approve you if you went K-1, given all the proof of a bona fide relationship you would have. I don't see how it would even be thought of "fraud", since you're just trying to make things go faster.

Everything has been so tough for you guys and I'm so sorry about that. HUGS


carlahmsb4.gif

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Filed: Other Timeline

Considering getting a divorce in Ontario would take about 2 years to complete, you're better off just waiting on USCIS and your petitions.


divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

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Filed: AOS (apr) Country: Chile
Timeline

With no children or assets in the marriage, I doubt it would take 2 years.


My blog

10/01/2005: Married in Toronto

02/15/2006: Began Canadian Immigration

09/19/2007: Withdrew CIC application (they still hadn't processed anything)

10/01/2007: Moved back to U.S.

----------------------------------------------------------------------------------

IR-1 application through Montreal Consulate

10/26/2007: I-130 mailed to CA Service Center

10/29/2007: USPS confirmation of receipt of I-130

02/13/2008: NOA-1 received (107 days)

07/02/2008: I-130 approved

07/22/2008: AOS filed including EAD and AP

07/25/2008: NOA-1s for all 3 received

08/20/2008: Biometrics appointment

08/22/2008: Received RFE for Affadivit of Support and Medical

10/21/2008: Submitted I-865W in lieu of co-sponsor and medical info to NSC

11/14/2008: online case status not updated since filing of AOS in July 2008

01/20/2009: Received another RFE for Affadavit of Support Info

02/02/2009: Responded to RFE with brand new AOS based on 2008 tax return (if that doesn't shut them up, dunno what will)

02/19/2009: EAD card received in mail (no updates on Online Case Status ever made)

02/23/2009: AP received (again, no online updates)

02/26/2009: Received interview appointment letter for 4/6/09

04/06/2009: AOS approved for unconditional GC

04/21/2009: GC received

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
With no children or assets in the marriage, I doubt it would take 2 years.

Maybe not, however you either have to have been separated for a year or there has to be infidelity or abuse.

I completely understand why you are trying to think of all possible avenues to expedite this - especially now that there is this situation with the family.

Is there any possibility that he could move somewhere else in Canada, that maybe you could move back here while you wait? No possibility of moving to Chile? I know he is living with his family so that you two can keep costs down maintaining two households, however it's probably less disruptive and time consuming to move than divorce/K1 - anyway just a thought.

Edited by trailmix

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With no children or assets in the marriage, I doubt it would take 2 years.

Well, just as Trailmix said, you would have to claim infidelity or some sort of abuse in order to file now. You have to separated for a year for grounds to file.

After my year had passed, we filed jointly and it took about 3 months until I had my divorce certificate in hand...like you, we had no children and divided everything equally by ourselves.

I'm sorry this is taking so long hon....I know you two will figure it out.


Let's Keep the Song Going!!!

CANADA.GIFUS1.GIF

~Laura and Nicholas~

IMG_1315.jpg

Met online November 2005 playing City of Heroes

First met in Canada, Sept 22, 2006 <3

September 2006 to March 2008, 11 visits, 5 in Canada, 6 in NJ

Officially Engaged December 24th, 2007!!!

Moved to the U.S. to be with my baby on July 19th, 2008 on a K1 visa!!!!

***10 year green card in hand as of 2/2/2012, loving and living life***

Hmmm maybe we should move back to Canada! lol smile.png

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Filed: Citizen (apr) Country: Canada
Timeline

I know every day just goes by really slow, but you have already started this process. Going back means starting all over again.

You've already taken a few steps forward.

Hang in there.


Donne moi une poptart!

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Filed: AOS (apr) Country: Chile
Timeline

I am just trying to think outside of the box. Additionally, there is nothing dictating that I would have to pursue the divorce option in Ontario. I am not a resident there and AZ has no-fault divorce, as far as I know. I know it sounds drastic, but since I have been in the immigration process since the beginning of 2006, I think drastic times call for drastic action.

As far as me going back to Canada? What on earth for? I obviously can't work, can't even visit a doctor there or have any kind of life, the wonderful Canadian government has already wrote that on the wall.


My blog

10/01/2005: Married in Toronto

02/15/2006: Began Canadian Immigration

09/19/2007: Withdrew CIC application (they still hadn't processed anything)

10/01/2007: Moved back to U.S.

----------------------------------------------------------------------------------

IR-1 application through Montreal Consulate

10/26/2007: I-130 mailed to CA Service Center

10/29/2007: USPS confirmation of receipt of I-130

02/13/2008: NOA-1 received (107 days)

07/02/2008: I-130 approved

07/22/2008: AOS filed including EAD and AP

07/25/2008: NOA-1s for all 3 received

08/20/2008: Biometrics appointment

08/22/2008: Received RFE for Affadivit of Support and Medical

10/21/2008: Submitted I-865W in lieu of co-sponsor and medical info to NSC

11/14/2008: online case status not updated since filing of AOS in July 2008

01/20/2009: Received another RFE for Affadavit of Support Info

02/02/2009: Responded to RFE with brand new AOS based on 2008 tax return (if that doesn't shut them up, dunno what will)

02/19/2009: EAD card received in mail (no updates on Online Case Status ever made)

02/23/2009: AP received (again, no online updates)

02/26/2009: Received interview appointment letter for 4/6/09

04/06/2009: AOS approved for unconditional GC

04/21/2009: GC received

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
I am just trying to think outside of the box. Additionally, there is nothing dictating that I would have to pursue the divorce option in Ontario. I am not a resident there and AZ has no-fault divorce, as far as I know. I know it sounds drastic, but since I have been in the immigration process since the beginning of 2006, I think drastic times call for drastic action.

As far as me going back to Canada? What on earth for? I obviously can't work, can't even visit a doctor there or have any kind of life, the wonderful Canadian government has already wrote that on the wall.

Hey, I'm on your side :)

I understand how you feel about the Canadian Government and their craziness. I was just trying to think out of the box too :thumbs: - I guess I'm just thinking that you can't let any Government dictate how you and your Husband are going to live your lives. You can be together in spite of them, maybe not because of them just yet.

Anyway, once he got to the interview you/he would have an opportunity to explain why you are divorced, however it might make proving that bonafide relationship a bit harder. Also, as others have mentioned, you would be starting back at square 1 with your I-130 and since getting to the NOA2 in this process seems to be the longest portion, with the time for the divorce to come through you probably wouldn't be any better off time-wise, just my opinion.

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Filed: AOS (apr) Country: Philippines
Timeline
If they smell anything they even think might be fraud, you could be in for a tough time.

I certainly don't see "fraud" in the scenario.... ... extra scrutiny? most probably... but certainly not fraud... YMMV


YMMV

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