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Prior marriage raising flag

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Filed: K-1 Visa Country: Vietnam
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This snowball started rolling because you forgot that you'd applied for a green card based on the first marriage. The IO's presumption is that you didn't forget, but were intentionally trying to hide it from them. This has substantially raised his suspicions about the circumstances surrounding the first marriage. That's why he's asking for far more than simply a divorce decree. He wants the divorce petition and court proceedings, which should give reasonably detailed information about the circumstances that led to the divorce, and also provide some insight into the state of your relationship with your ex-wife.

I imagine he might be looking for evidence that you entered the first marriage as an attempt to circumvent immigration law, and your ex-wife discovered she was being "played" and divorced you as a result. Someone in that situation might not attempt to hide the first marriage, but might try to hide the fact that they tried to get an immigration benefit out of the marriage.

Give them precisely what they asked for. If possible, you might see if you can get in touch with your ex-wife and have her prepare an affidavit about the circumstances that led up to your marriage and divorce. The IO thinks there's something suspicious about that first marriage that you don't want him to know about. You need to convince him that there's not.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: AOS (apr) Country: France
Timeline

This snowball started rolling because you forgot that you'd applied for a green card based on the first marriage. The IO's presumption is that you didn't forget, but were intentionally trying to hide it from them. This has substantially raised his suspicions about the circumstances surrounding the first marriage. That's why he's asking for far more than simply a divorce decree. He wants the divorce petition and court proceedings, which should give reasonably detailed information about the circumstances that led to the divorce, and also provide some insight into the state of your relationship with your ex-wife.

I imagine he might be looking for evidence that you entered the first marriage as an attempt to circumvent immigration law, and your ex-wife discovered she was being "played" and divorced you as a result. Someone in that situation might not attempt to hide the first marriage, but might try to hide the fact that they tried to get an immigration benefit out of the marriage.

Give them precisely what they asked for. If possible, you might see if you can get in touch with your ex-wife and have her prepare an affidavit about the circumstances that led up to your marriage and divorce. The IO thinks there's something suspicious about that first marriage that you don't want him to know about. You need to convince him that there's not.

Yes, I understand they're digging for evidence of sham marriage in order to deny the whole thing. The decree states "upon the grounds of incompatibility" which, I guess is legal term for "young and stupid" :-)

I feel terrible for the mistake and not stating doubts before but it's not like I thought they would't find out. It's just that after going through the whole process and paying the hefty fee this, I really didn't think I went through so much at the time. I thought I just went to the INS office and got the forms. I guess the price went up since then and they are now asking for a lot more. Still, I should have covered the possibility better.

I am still in touch with my ex-wife and I'm sure she would not mind stating the good faith of the marriage.

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Filed: K-1 Visa Country: Vietnam
Timeline

Yes, I understand they're digging for evidence of sham marriage in order to deny the whole thing. The decree states "upon the grounds of incompatibility" which, I guess is legal term for "young and stupid" :-)

I feel terrible for the mistake and not stating doubts before but it's not like I thought they would't find out. It's just that after going through the whole process and paying the hefty fee this, I really didn't think I went through so much at the time. I thought I just went to the INS office and got the forms. I guess the price went up since then and they are now asking for a lot more. Still, I should have covered the possibility better.

I am still in touch with my ex-wife and I'm sure she would not mind stating the good faith of the marriage.

A lot has changed since your first round with the INS. :blush:

Have your ex-wife get her statement notarized.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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  • 3 months later...
Filed: AOS (apr) Country: France
Timeline

So it's been several months and I have some new stuff worth sharing.

Me and my wife went to the appointment that came with the RFE letter.

We hired an attorney, just in case and brought al required documents and then some.

The IO refused to see us and had the person at the desk tell us it was just a drop-off.

What the ... !!! Why make an appointment, then? We wasted money on the lawyer and time waiting 3 weeks for the appointment when we could have brought or mail the additional info earlier.

Anyway, the lady at the desk told us we'd hear from the officer in 30-60 days.

2 months went by with no news.

Called the lawyer who sent some formal inquiry.

Anyway, yesterday, online status for the I-485 reads:

"Card/ Document Production

On August 5, 2011, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283."

I can't imagine this means anything besides the fact that I've been approved and my GC is in production.

I've read that that status can sometimes be used for RFE but it wouldn't say "your new card", right?

I also gathered that status first goes to Card/Document production then to "Post Decision Activity" when they mail you notice of approval and such.

When asking for confirmation, customer service won't do anything than reading the same thing am looking at.

Lawyer says I shouldn't celebrate till I have the card in hand.

What do you think?

Thank you

(Sorry, if I'm not being more prompt but I think it's best sharing the whole experience)

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Looks like it's approved. You will get two more emails about it. Congrats.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: AOS (apr) Country: France
Timeline

Approved ! No more doubts now:

"On August 11, 2011, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. "

Thank you everyone for help, advice and support !!!

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Filed: Citizen (pnd) Country: Russia
Timeline

congrats... i cant wait till this is behind us as well

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Dina and Craig's timeline:

08-27-2010 Met through a mutual friend

04-17-2011 Married

08-01-2011 AOS Packet sent (I-130,I-485,I-765) via USPS Priority mail

08-03-2011 Package delivered via USPS tracking

08-08-2011 Received Text/Email that all 3 apps were accepted/Checks cashed

09-06-2011 Biometrics Appt. in Philly

09-14-2011 RFE Sent for 485. I forgot to sign one section of the 485

09-21-2011 RFE Mailed back to USCIS

10-14-2011 Card production of EAD ordered

10-17-2011 Interview notice (I-797C) received for 11-16-2011

10-22-2011 EAD Card received

11-16-2011 APPROVED. Card Ordered, Passport Stamped.

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