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

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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.

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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

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

Edited by pushbrk

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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.

This will not be over quickly. You will not enjoy this.

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

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

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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.

I'm a dual US/Hungarian citizen (both by birth; Hungarian citizenship verification TBA), and my husband is a dual British/Irish citizen (by treaty) from Northern Ireland. We are atheists.

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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.


04/01/13: I-130 Sent

04/03/13: I-130 Package received by CIS – Priority Date

04/04/13: I-130 NOA1 Email received

04/08/13: I-130 Check cashed ($420)

04/08/13: I-130 NOA1 Hardcopy received

11/14/13: I-130 transferred from NBC to Nebraska Service Center

03/02/14: I-130 NOA2 Email received

03/06/14: I-130 Email received - Shipped to NVC

03/06/14: I-130 NOA2 hardcopy received


03/12/14: I-130 petition received at NVC

04/14/14: I-130 Case number Assigned

04/16/14: AOS invoice generated

04/16/14: AOS invoice available and PAID ($88.00)

04/17/14: Mailed AOS Package to NVC

04/21/14: AOS Package delivered at NVC

04/24/14: IV invoice available and PAID ($230)

04/25/14: IV Package mailed to NVC

04/28/14: IV Package delivered at NVC

04/28/14: IV Fees deducted from bank account

04/29/14: IV fee shows as “PAID”

04/29/14: DS-260 Submitted online

05/12/14: AOS (I-864) Accepted – No checklist

05/20/14: Case complete

06/11/14: Interview date assigned (July 29 at 8am)

06/12/14: Case shipped to consulate

CONSULATE (Cameroon):

06/16/14: Case arrives consulate

06/26/14: Case shows READY in system

07/14/14: Medical done - Medical Fees ($220)

07/29/14: Interview date @ 8:00 am. Interview Approved

08/21/14: Visa Received

08/27/14: US Entry

09/05/14: Paid Immigrant Fee via USCIS Elis system ($165)

09/12/14: Immigrant Case received by USCIS Mesquite TX office

10/02/14: Green card received


06/03/16: I-751 sent ($590)

06/06/16: NOA1 Date (I-751 Package received by CIS)

06/13/16: I-1751 NOA1 Hardcopy received (with note EXTENDING CONDITIONAL RESIDENCE FOR 1 MORE YEAR). No need to have passport stamped at local office while case is being processed.

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