Can I continue with the CR-1 spouse visa/I130 application process if my wife and I divorced and reconciled during the process?

[CRM 0]

I am trying to apply for a CR-1 visa for my wife.

We have successfully submitted our I-130, paid the Immigration Visa fee of $404, the Affidavit of Support fee of $88, and submitted our Affidavit of Support. We have yet to submit our DS-230.

At this point we went through some difficulties, got a divorce in her home country (PR China), then quickly reconciled and remarried within three month.

Can I just continue with the CR-1 application process by submitting our DS-230 form (with both our old and new marriage certificates and a letter of explanation), even though we went through this divorce and remarriage during the process?

Or would doing so be risky or illegal and the safe thing to do be to cancel the current process and restart it again by submitting a new I-130?

Thanks in advance.

[sanlot 4]

Hummm ......interesting

[degreeofhope 2]

If you haven't notified NVC, I would leave it as is, because your application preceded your divorce. Did you go through the divorce process? do you have a divorce paper?

If you already have, then most likely you would have to redo from start.

[Jawaree 717]

I would check with an atty...seem if you restart you have to give them marriage, divorce, marriage

certificate again....letter of explanation ...did you get marriage counseling that brought you back

together? if so I would that proof also. May delay things but you don't want to get caught hiding things

[pushbrk 12,092]

It's a unique situation and I think you'll need to start over. It's worth a call to NVC first though.

Edited April 30, 2013 by pushbrk

[NigeriaorBust 4,087]

I would think that the marriage that your petitionm was based on has been terinated , killing the petition, A new marrage needs a new petition. Just like a person that finds their marriage was invali have to start after they fix tha issue.

[Darnell 8,478]

This is a great question for Marc Ellis, in my opinion.

Google 'Marc Ellis Immigration' and you'll find his website.

[speedwell 224]

I agree with Nigeria or Bust. The initial I-130 was to prove that the marriage existed. That marriage no longer exists. Now there's a new marriage.

How did you file your tax forms? Remember that if you were single on December 31st of the tax year, you cannot file married, and vice versa. If you had a married return, then a single return, then a married return, it's going to look pretty funny.

[longtrip 24]

I agree with Nigeria. Your initial petition was based on the first marriage. Therefore you will need refile since you have gotten married again after a divorce.

[Taurusgirl 1]

I'm afraid you should notify USCIS or NVC about your situation