I-130 Notice of Denial

[tuesdaysgone 0]

USCIS claim the marriage is not valid because the marriage is void due to the fact we didnt wait an extra 5 days for the divorce decree to be final.

I attempted to adjust from an F1, not a K visa.

I believe an attempt at a cr1 would be valid because we are now legally married in the state of Alabama.

Vanessa&Tony you have read it wrong, USCIS have said the marriage isnt valid therefore we were free to marry in Alabama.

[Deputy Purple 1,294]

USCIS's standpoint is that the Florida marriage license is not valid in Alabama because the state that which we reside does not recognize it. So in the state of Alabama there are no 2 marriages. Therefore we're not legally married in Alabama, hence we were free to marry in Alabama.

If that's the case then there's no grounds for you to appeal the denial of the I-130 unless you can prove that Alabama does in fact recognize your Florida marriage.

[VanessaTony 3,567]

USCIS's standpoint is that the Florida marriage license is not valid in Alabama because the state that which we reside does not recognize it. So in the state of Alabama there are no 2 marriages. Therefore we're not legally married in Alabama, hence we were free to marry in Alabama.

NO! Why didn't you read what I wrote. Your state DOES recognise the out of state marriage. It just doesn't recognise a marriage IN Alabama in the 60 days! YOU ARE MARRIED TWICE. There is no two-ways about it. You are married twice. Your out-of-state marriage licence IS recognised in Alabama. Go and ask someone, ask a lawyer, see what they say.

USCIS claim the marriage is not valid because the marriage is void due to the fact we didnt wait an extra 5 days for the divorce decree to be final.

I attempted to adjust from an F1, not a K visa.

I believe an attempt at a cr1 would be valid because we are now legally married in the state of Alabama.

Vanessa&Tony you have read it wrong, USCIS have said the marriage isnt valid therefore we were free to marry in Alabama.

USCIS has nothing to do with State law. You obviously have grounds to appeal if this is their decision. The law CLEARLY states that a marriage outside is VALID.

Speak with a lawyer. I really think you need to.

[Deputy Purple 1,294]

USCIS claim the marriage is not valid because the marriage is void due to the fact we didnt wait an extra 5 days for the divorce decree to be final.

I attempted to adjust from an F1, not a K visa.

I believe an attempt at a cr1 would be valid because we are now legally married in the state of Alabama.

You really should consult with a Family Law/Marriage/Divorce Lawyer in Alabama and make sure you don't need to do some cleaning-up of the Florida marriage (legally speaking).

I'd also be cautious with USCIS, if they figure the USC was trying to circumvent laws to get in under the deadline and filed a petition on sketchy grounds it may have a negative impact on future petitions.

You really need to talk to a couple of good lawyers to make sure whatever you do next is on solid grounds.

[Deputy Purple 1,294]

USCIS has nothing to do with State law. You obviously have grounds to appeal if this is their decision. The law CLEARLY states that a marriage outside is VALID.

Speak with a lawyer. I really think you need to.

Agreed on the lawyer...

Regarding USCIS & State Law, they are bound to look at the laws of the state where the USC & Alien Spouse do/will reside correct?

Regarding an appeal, I was under the impression that unless adjusting from K Visas there is no option to appeal.

Also, if AOS is filed & denied and there is no option for appeal is there any bar from filing a new AOS application for say X number of days?

[tuesdaysgone 0]

Bob 4 Anna, the grounds for appeal do exist, what they are, I really cannot explain it to you, the attorney I am considering hiring explained it to be in legal talk for about 10 minutes which i frankly do not understand.

Vanessa for tony, I did read what you wrote. Thats what i've been trying to say for the past 6 months.

Forgive me if i'm not understanding you, my head hurts and I have a lot at stake. I will forward that legal text to my attorney. The attorney definately said that the Florida marriage is legal. I just dont want to overstay because I have an appeal and dont know if I launch an appeal if it means I can stay legally while the appeal is in process.

[sachinky 464]

Once you're married in any country or state, you're married. There are NO two ways about it.

If you got married in Florida, Alabama WILL recognize your marriage. I understand that you couldn't have married IN Alabama before 60 days had passed post-divorce, but by getting married in FL you solved your problem. Why would you marry AGAIN in Alabama is what I don't understand?

If the state you reside in doesn't recognize your out-of-state marriage, then how/why do hundreds of people elope to Vegas every year and get married?

USCIS, or immigration law has NOTHING to do with state law. From what I understand, one of those marriages need to be annulled before proceeding.

Seriously, retain a lawyer.

What is the status of your F-1, btw?

[tuesdaysgone 0]

Bob 4 Anna, believe me, the letter states I have 30 days to appeal.

the Attorney said I can refile while still here but I dont know what exactly id be filing because what status would I be adjusting from. Im compiling questions from this text and will find out.

[VanessaTony 3,567]

You really should consult with a Family Law/Marriage/Divorce Lawyer in Alabama and make sure you don't need to do some cleaning-up of the Florida marriage (legally speaking).

I'd also be cautious with USCIS, if they figure the USC was trying to circumvent laws to get in under the deadline and filed a petition on sketchy grounds it may have a negative impact on future petitions.

You really need to talk to a couple of good lawyers to make sure whatever you do next is on solid grounds.

Agreed. BIG issue. Lawyer is the only solution. I would speak with someone before leaving because I am ADAMANT your Florida marriage is recognised in Alabama. How you go about making sure of that, and proving it to USCIS is a whole other issue.

If the OP applies for a CR-1 their options are now thus:

1. When you apply for the CR-1 you need to make sure you produce BOTH marriage certificates to USCIS when they ask if you've been married before, because you have been. They will ask you for the divorce decree for the first marriage as the second marriage is the one they go by. You will get denied on the grounds you weren't free to marry the second time.

2. Only tell them about the first marriage and you claim you'll have same 60 day issue.

3. Tell them about the second only, pretend the first never happened. You claim that it's not valid in Alabama anyway HOWEVER you told them about it in your first visa application so they'll ask for the marriage licence and divorce decree for that. Denied on the basis of not free to marry. You'll also now have a material misrepresentation issue on your hands given the first visa app was based on the first marriage which you're now claiming didn't happen...

In the state of florida you are married. You claim though in Alabama it doesn't count... which is does based on Alabama law. You may have just had to have had it "registered" or something.

Legally speaking, lets pretend you get divorced tomorrow and marry someone else. Which divorce do you obtain? If you get married to your new wife in Vegas for instance, you would need to divorce in Florida AND Alabama. If you divorce in only one of the states you are still married in the other and therefore are not legally able to wed your new wife.

**Edit - I just called a random Alabama office and asked and they said that legally you're not free to marry in Florida so the Florida marry doesn't count in ANY state... but that contradicts what the law says which is what I said to her. Granted she's a just a clerk so she probably doesn't deal with it a lot. She said that a lawyer is what's needed

Some issues that arise with this is:

- are you considered in deportation proceedings? If not I would re-file the I-130 and I-485 with the SECOND marriage and evidence that the first marriage was considered null-and-void. You may need to annul it so it "never happened".

- If you ARE in deportation proceedings then you can't re-file so you would need to do the CR-1, again on the second marriage. Still annul the first.

- if you do annul, won't the annulment papers be dated AFTER the second marriage so technically USCIS won't consider you free to marry and will consider the second marriage void as well?

Wow. Who'd've thought it would be this confusing!

Edited March 19, 2010 by Vanessa&Tony

[sachinky 464]

It is critical to know WHAT your F-1 status is currently because once those 30 days expire without a refile, deportation proceedings will be started against you, from what I understand.

[Deputy Purple 1,294]

Bob 4 Anna, believe me, the letter states I have 30 days to appeal.

the Attorney said I can refile while still here but I dont know what exactly id be filing because what status would I be adjusting from. Im compiling questions from this text and will find out.

Your first step is to ensure legal marriage.

If the Alabama Law states that you can't get married in Alabama until 60 days after your divorce is final then I honestly doubt the Florida marriage isn't recognized by Alabama. Speak to a Family Law specialist on this. If that is the case get the Alabama Marriage annulled as neither of you were able to legally enter into marriage being already married to each other.

In your appeal to the USCIS Denial, cite the section of Alabama law which supports that they recognize the out of state marriage. Use a lawyer for this as it needs to be properly quoted and framed in legalese...

If for some reason Alabama Law states that the divorce is not final for 60 days after the order is entered then your Florida marriage is invalid and you need to clean it-up before filing a new petition based on the Alabama marriage.

For refiling, the status your adjusting from is your Student Visa to CR-1. The denial shouldn't change that.

[VanessaTony 3,567]

For refiling, the status your adjusting from is your Student Visa to CR-1. The denial shouldn't change that.

No. CR-1 is a visa to ENTER to US.

Adjusting from the F1 to conditional LPR (Lawful Permanent Resident) is what you're doing.

[juliava 80]

I am so sorry Tuesdaysgone. I don't even know what advice to give you. At this point you need professional assistance. Get a lawyer and find out what are your real options, you can't afford anymore to follow wrong procedures. If that requires you to travel back home and stay there for a while, well, you will have to do it. Again, I am really sorry. Hopefully things will get solved in time.

[besaangel 17]

As said above, you need a lawyer- we cannot offer certain advise without knowing all the specifics and so far ppl have been wrestling with you to get info... take a day to rest and start again

[Deputy Purple 1,294]

No. CR-1 is a visa to ENTER to US.

Adjusting from the F1 to conditional LPR (Lawful Permanent Resident) is what you're doing.

Yeah, your right...