Sending in I129F Before Divorce Final

[Removed-02242014 19]

I wanted to cover this topic because when I searched it, there were too many guys replying to me with educated guesses. I decided to try the system here in California and the crossing of the mailings to USCIS. Another guy wanted to know that even though he filed for divorce did he need to wait the whole 6 months (California) before it was finalized before sending in his I129F paperwork.

I waited 4 months after filing for divorce but obtained the STAMPED and signed FL-180 with the 6 month date stamped judgement on the paperwork and a judges signature. So my actual date of divorce was 2 months and 2 weeks out even though I filed the I129F and mailed it.

Therefore ... In this case, I was able to send everything 2-1/2 months before my actual divorce date to get the ball rolling. The NOA2 was approved with that correct information.

[dwheels76 5,487]

well just know that it may or may not come up during interview. USCIS is just checking to see if your paperwork is good. A CO may examine closer and say hold up "They filed fiance and was engaged before they divorce". Easily explained but just be prepared. Congratulations though.

[Anh map 2,098]

I wanted to cover this topic because when I searched it, there were too many guys replying to me with educated guesses. I decided to try the system here in California and the crossing of the mailings to USCIS. Another guy wanted to know that even though he filed for divorce did he need to wait the whole 6 months (California) before it was finalized before sending in his I129F paperwork.

I waited 4 months after filing for divorce but obtained the STAMPED and signed FL-180 with the 6 month date stamped judgement on the paperwork and a judges signature. So my actual date of divorce was 2 months and 2 weeks out even though I filed the I129F and mailed it.

Therefore ... In this case, I was able to send everything 2-1/2 months before my actual divorce date to get the ball rolling. The NOA2 was approved with that correct information.

Was your signed statement about being free to marry that was submitted with the I-129F true or not? That's the only thing that could cause a problem when the interviewing officer reviews the file.

As stated earlier, the intake clerk isn't likely to do that type of scrutiny.

Best of luck and smooth sailing through the process.

[dwheels76 5,487]

Was your signed statement about being free to marry that was submitted with the I-129F true or not? That's the only thing that could cause a problem when the interviewing officer reviews the file.

As stated earlier, the intake clerk isn't likely to do that type of scrutiny.

Best of luck and smooth sailing through the process.

It can be sticky. I have a friend who finally got her husband here a few months back and although her and her husband were divorced I guess there was like something that he needed to file to make it all cool. So their signed date and when it was filed were like years apart so she looked like a bigamist. She had to move heaven and earth and pay quite a bit of money to get that fixed. The CO's don't play but of course that was Lagos, so who knows. you may be okay.

[L+T 71]

The petition should not have been approved, as you were not free to marry at time of filing. But however, since it was, look into see if your consulate requires your original divorce certificate. Some do and others only require it of the beneficiary. If they also require your final decree, it could be trouble. PS, i wouldn't be posting this question on a public forum with your photo and timeline, big brother may be watching.

[LIFE'SJOURNEY 970]

The race isn't over until you are at the finish line.

[Cathi 5,886]

I wish you the best, but I can only wonder why would you want to take the chance and file before the divorce was final? At the time you flied you had to be free and clear to marry and you were not....

[NigeriaorBust 4,088]

You slipped through the first gate but you have the interview and then AOS ROC and citizenship. They could declare the whole thing invalid at any of these steps because of your original shortcut. Most likely you will get caught at the interview and have to start all over which will cost you a year for trying to shave off a couple of months. In California aren't free to remarry to a period of time after your divorce is final. Others have been rejected for this small mistake. There is no guessing you must be fully divorced and any waiting period after the final decree must hhave elasped if your state requires such before you can file an I 129 F.

You slipped by because the clerk didn't notice it wasn't a final decree. I hope others don't think they will be as lucky and lose their filing fees.

[Dave&Roza 748]

Was your signed statement about being free to marry that was submitted with the I-129F true or not? That's the only thing that could cause a problem when the interviewing officer reviews the file.

As stated earlier, the intake clerk isn't likely to do that type of scrutiny.

Best of luck and smooth sailing through the process.

And this is bigger than just missing a date as now you can be accused of misrepresentation that can have much bigger consquences, but fortunately you are the USC so it may not be an issue. Assuming you signed a letter of intent that stated you were free to marry on the date it was signed.

Good luck and I hope this does not come back to bit you in the A$$.

Dave

[des1867 6]

I read somewhere on the USCIS webpage in one of their documents that you cannot file until you are divorced. A copy of the divorce papers must accompany your I-129f petition.

[Moomin 292]

The race isn't over until you are at the finish line.

..which is the exact same reason why you find some advise on here too thought through. This process has many stages, and on any one of them it may be brought up. Or in between. Bottomline is since your AOS is based on marriage then any misrepresentation (not legally free to marry) may backfire later on. By backfire I mean having status as LPR or even US citizenship revoked for the immigrant. Not saying it will, just that it can.

Congrats on NOA2 though! I'm not trying to be rude or sarcastic, just letting you know the facts.

Edited June 30, 2012 by moomin

[bigdog 377]

I would not take that chance, wait till you get your final decree..

[Operator 1,927]

I see two problems:

1. It may be determined that you were not eligible to even file an I-129F. Because in Item 2. under "Who may file form I-129F" it states that both the petitioner and beneficiary be free to marry.

2. You submitted a letter of intent to marry your beneficiary. It could be disregarded as well if you were not legally able to marry when you signed and dated it.

The question that needs to be answered I think is; On the day you signed and submitted your petition were you legally able to marry in the state of California?

I hope it all works out for the best, good luck.

[Julie y Pat 67]

like others have said, all you have is an approved NOA2, which means about as much as a stop sign on a country road at three in the morning. you sent a document that wasn't valid yet. try cashing a post dated check. it may work once in a while, but you have to count on the teller at the bank overlooking something important. Go to the same bank the following week with another post dated check, and I'll bet the bank manager will want a word with you, letting you know that what you did last week was illegal. The adjudicator of your petition will not be the last person to look at your documents

[NigeriaorBust 4,088]

You actually have 2 choices, continue with an iffy petition and look over your shoulder until after she is a USc or withdrawl the current petition now and start over with a valid petition. It is most probable that you won't make it through AOS on your current path and will end up in a start all over position and maybe with a fraud tag. It is up to you.