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Filed: Other Country: Ukraine
Timeline
Posted

I was married for 14 yrs, got divorced and remarried again, I am still a LPR and in the process of my Citizenship.

I want to bring my wife to the US, I know that it takes about 5-6 months to be approved the I-130, at that time I will be a US Citizen and will update my petition, does anyone have apply before became a Citizen for their supposed? I have a stepson.....can I apply for him too or do I need to become a Citizen first?

At the web USCIS web site there is an instructions for the I-130 filling, in one part says:

(Who may not file I-130)A husband if you gain LP status by virtue of a prior marriage unless: (here is the big question)you can establish by clear and convincing evidence, that the prior marriage through which you gain your immigrant status was not entered into the purpose of evading any provision of the immigration laws.

Now as I said before, my first marriage was in good faith, I was married for 14 yrs and have 2 children now in their teens, do you thing that it would be an issue if I apply for my wife now?

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

I have a stepson.....can I apply for him too or do I need to become a Citizen first?

If you are a citizen, you don't "apply" for your stepson, you file a petition on his behalf and you can only file on his behalf if the marriage occurred before his 18th birthday. I don't know the correct answer to your question on whether you can file a petition for your stepson now or if you have to wait until you are a citizen.

At the web USCIS web site there is an instructions for the I-130 filling, in one part says:

(Who may not file I-130)A husband if you gain LP status by virtue of a prior marriage unless: (here is the big question)you can establish by clear and convincing evidence, that the prior marriage through which you gain your immigrant status was not entered into the purpose of evading any provision of the immigration laws.

Now as I said before, my first marriage was in good faith, I was married for 14 yrs and have 2 children now in their teens, do you thing that it would be an issue if I apply for my wife now?

Again, you don't apply for your wife, you file a petition on her behalf. As for the section of the instructions you are referencing, you skipped the first section that states: a period of five years has elapsed since you became a lawful permanent resident; if 5 years have passed since you became an LPR, then your don't need to worry about establishing clear and convincing evidence your prior marriage was not for immigration purposes as that section would no longer apply to your situation.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Filed: Other Country: China
Timeline
Posted

I was married for 14 yrs, got divorced and remarried again, I am still a LPR and in the process of my Citizenship.

I want to bring my wife to the US, I know that it takes about 5-6 months to be approved the I-130, at that time I will be a US Citizen and will update my petition, does anyone have apply before became a Citizen for their supposed? I have a stepson.....can I apply for him too or do I need to become a Citizen first?

At the web USCIS web site there is an instructions for the I-130 filling, in one part says:

(Who may not file I-130)A husband if you gain LP status by virtue of a prior marriage unless: (here is the big question)you can establish by clear and convincing evidence, that the prior marriage through which you gain your immigrant status was not entered into the purpose of evading any provision of the immigration laws.

Now as I said before, my first marriage was in good faith, I was married for 14 yrs and have 2 children now in their teens, do you thing that it would be an issue if I apply for my wife now?

You can go ahead and file a petition for wife and stepson. Update both petitions when you have your Citizenship.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

 
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