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mariad416

Denial for I-130 and K-3 visa

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Filed: K-3 Visa Country: Jordan
Timeline

We got married in Jordan on July 15th 2008 after this I was told by Mexican I was divorced in Mexico on June 2008, to find out in December that I was not legally divorced. I divorced legally on Feb 11th in U.S.A. by Texas court. I called Immigration and told them all exactly what happened...I asked which form to apply..they told me to file I-130 petition for relative.I mentioned all again..they clarified to me that once I am divorced current marriage is valid.So I applied to find out that it is denied. I talked to a lawyer, she said under Texas laws this is correct ,but under Jordanian laws my marriage is null. That we must file a fiance form 129 to get k-1 visa.She also mentioned she will search on Jordanian laws.(since we got married in Jordan we must also follow Jordanian laws.

What can I do to get my husband with me???

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We got married in Jordan on July 15th 2008 after this I was told by Mexican I was divorced in Mexico on June 2008, to find out in December that I was not legally divorced. I divorced legally on Feb 11th in U.S.A. by Texas court. I called Immigration and told them all exactly what happened...I asked which form to apply..they told me to file I-130 petition for relative.I mentioned all again..they clarified to me that once I am divorced current marriage is valid.So I applied to find out that it is denied. I talked to a lawyer, she said under Texas laws this is correct ,but under Jordanian laws my marriage is null. That we must file a fiance form 129 to get k-1 visa.She also mentioned she will search on Jordanian laws.(since we got married in Jordan we must also follow Jordanian laws.

What can I do to get my husband with me???

If your marriage is null and void in the place where it was solemnized, then you are not legally married.

File I-129F (Fiance visa) or go back to Jordan and get married again from there.. then file I-130 (CR1 visa).

BUT before marrying again, ask your lawyer to find out how to nullify the first marriage (due to the fact that you were not sigle then), record it in court, then get married again or not. If you do not nullify the record in Jordan, it might still appear that you are married thus cannot file the Fiance Visa. BUT if you file the I-130 and USCIS finds out that you weren't legally able to marry at the time the marriage took place, they will just deny the petition.

Good luck in sorting this out.

Edited by tngirl21809

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Filed: AOS (apr) Country: Jordan
Timeline

ask your husband to go to the interior ministry in Amman and explain what happened and ask them how to rectify it in Jordan(get your marriage nullified)

Then you can file a 129f for him as a fiance.


"you fondle my trigger then you blame my gun"

Timeline: 13 month long journey from filing to visa in hand

If you were lucky and got an approval and reunion with your loved one rather quickly; Please refrain from telling people who waited 6+ months just to get out of a service center to "chill out" or to "stop whining" It's insensitive,and unecessary. Once you walk a mile in their shoes you will understand and be heard.

Thanks!

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