Who may not file form I130?

[olaru_steve 1]

Folks, I have been a good audience of this forum and have gotten valuable information from all of you. I received my GC via marriage to USC and condition was removed in sep 2013. Unfortunately my marriage of 3 years didn't go well so i had to file petition for divorce in Nov 2013 and divorce was finalized in dec 2013. It was a mutual agreement (uncontested) between us to separate from each other. Since i was alone and frustrated, i went back to my home country and ended up marrying another girl through local costumes. I am about to file the petition (i-130) for my wife overseas and saw the following in I-130 filling instructions:

Who May Not File Form I-130?

A Spouse, if you gained lawful permanent resident status by virtue of a prior marriage to a U.S. citizen or lawful permanent resident, unless:

A) A period of five years has elapsed since you became a lawful permanent resident; or

B) You can establish by clear and convincing evidence that the prior marriage through which you gained immigration status was not entered into for the purpose of evading any provision of the immigration laws: or

C) Your prior marriage through which you gained your immigration status was terminated by the death of your former spouse.

Does anyone has gone through similar situations? What is needed to establish (clear and convincing evidence) that the prior marriage wasn't entered into the purpose of evading immigration laws? Because my first marriage didn't work quit well due to number of reasons. I just don't want to end up being in same situations after three years so i desperately want to stay together with my wife and don't leave her alone. Please share your valuable experiences to sail through this huge obstacle.

[apple21 953]

"A) A period of five years has elapsed since you became a lawful permanent resident;"

You cannot file based on that, initially.

Edited February 11, 2014 by apple21

[olaru_steve 1]

"A) A period of five years has elapsed since you became a lawful permanent resident;"

You cannot file based on that, initially.

Well the three options are followed by OR so if either one of them is true then one can file. Since my marriage was true and didn't had any intention avoid immigration laws, what type of doc or anything else is required to approve it wasn't just for the purpose of evading immigration laws.

[Darnell 8,479]

study the evidence types (there are 6) in the I-130 instructions.

[olaru_steve 1]

Darnell, i don't see evidence types in I-130 filling instructions? can you please list those 6 types of documents for me or you can simply list the title of the topic and i will go through the doc to see where it exists?

[olaru_steve 1]

I just wanted to let you know that my marriage of 3 years was terminated (divorces finalized in early dec 2013) and remarried in late Jan 2014. I am not USC yet. I have to wait another 2 and half years to apply for citizen ships.

[NigeriaorBust 4,087]

It is on you to prove that your marriage to a USC was not to violate immigration law. You proved a valid marriage for ROC ( or did you use a divorce waiver ) but you remarried before the ink was dry on you divorce. That goes against a valid marriage to a USC ( like you had a "real" wife in wait while you played the green card game ) If you file an I130 now and they find against you not only will the I130 be denied you will run a high risk of losing your own green card.

[Darnell 8,479]

not see em? ok, and uh oh.

[olaru_steve 1]

NigeriaOrBust,

you are right. For USCIS it might seem that way, indeed i was able to remove my conditions without any issues however i ended up filling uncontested with my wife after a month and half of removing conditions due to our internal problems. So i went back to my native country and my parents convinced me to marry girl after little over a month divorced decree was signed.

Given how my relationship ended here in US, i decided to get remarried because i needed someone who could comfort me when i needed. I guess people get married and go apart. I have lot of docs to prove our marriage in US was legitimate. We lived together, shared our joint account, filed taxes jointly for last 3 years, have all the utility bills (water, electricity, cable) since we were married, my ex-wife was under my health insurance plan, is covered under my auto insurance plan, have identification card showing same address, docs showing travel to different places etc..

I will not be eligible to apply for naturalization until may of 2016. I guess it will take another 5 months to clear the naturalization process so should i wait until then to petition my current wife or do you still see any risk petitioning my wife based on my docs above.

Even though the divorce was finalized middle of dec 2013, it was filed in early Nov2013. So given some time there i was able to heal. In deed my ex and i decided together to separate with each other. Back in home we have arranged marriage so i ended up having arrange marriage which was arranged by my parents. Due to my father's fragile health, he insisted me to get married so i couldn't deny him.

Please help me get through my situation with your valuable advices.

[NigeriaorBust 4,087]

If you apply now the time line will be closely looked at because of the "who may not use this form " you basically need a waiver to file an I130 ( not one based on a separate form but a waiver of the ban on 5 years ) I think your divorce to marriage time line is a bit fast and there is a chance that you will have issues under the extra scrunity. If you wait until 5 years after your first green card you will still have some questions about the rapid timeline but it shouldn't be as much . So many scammers come married to a USC and then when they think it is safe they dump the USC to return home and marry their true love ( or sometimes reunite with their old wife ) This is the mind set immigration will look at your case with. If I were an immigration officer I would see someone that waited until I had my 10 year card in hand and then dumped USC wife to run home and marry. Other than the typical stuff couple generate ( both real and those posing as married ) do you have evidence that you tried to amke you prior marriage work ?

[olaru_steve 1]

NigeriaorBust,

Sorry for long reading..

We didn't go to counseling or anything like that to check if my marriage would work. my ex and i talked about our situation and the divorce was filed under both of our understanding. I guess my back ground might help you to think bit differently than for those who try to evade immigration system. I came to US as student first. First time i went back to my home country was after 5 years i was in US. Then i changed my status to H1B and my previous employer had filed my i-140. while i was in H1B, i meet my ex through our mutual friend and got married and she petition for me using I-130. I was still in H1B status when my ex petition for me. So me having girlfried back home or even wife simply goes out of the equation because had i had my girl friend or even wife, i would've gone back while i was in H1B and marry her and brought her back under dependent visa. My first marriage was with my ex.

Yes i agree, it seems like i entered into second marriage bit sooner but i had been living separately with my ex-wife since sep 2013. So when divorce was finalized, i told everything to my parents who strongly disagree in love marriage. Divorce was finalized and i went back to my home country then my parents arranged a girl who i married. Yes there are people who have patched up with their ex's however we don't see that happening to us and we both don't want to wast our times just trying for things that didn't work after 3 years into marriage.

With all of my unique situations, do you still see if i am evading immigration simply get around immigration laws. I do have a good job in US and have been here for a long time. It just happen to me and situation is bit unique than for others.

Can you please advise what type of waiver form is required to file along with I-130? If they ask for evidence of bonafied marriage (which was also submitted while removing conditions in my residency) should i furnish written documents or do they recall me for verbal interview.

You never know whats in immigration officer's head however i believe i have a solid proof as well. I simply didn't have to go through marriage just to get green card because i would've gotten via employer which i simply choose not to.

Any advise will be appreciated.

[Darnell 8,479]

I say wait till the five years are up then file the I-130. <EOM>

[SennaBrigante 92]

What Darnell said.

The timeline between ROC, divorce and new marriage played out in less than a year. Very red flag.

Even if you are able to prove that your first marriage was not for immigration purposes, will you also be able to prove the arranged marriage was not arranged prior to your divorce? USCIS might also see it as your present wife marrying for immigration purposes only. Better to wait it out.

[arnav 10]

O_Steve

you will knocking on the door called "TROUBLES" . 100% USCIS hold your I-130 petition for couple of years and called you for interview before your citizenship interview and asked you to prove your marriage was real with USC. That time it might be you can lose your GC too no surprise or doubt on it.

And doesn't matter even if you become USC and file I-130 still they will going to hold your file for extra time and will send to your local office for an interview.

SO good luck with that.

[olaru_steve 1]

SennaBrigante,

is there a guideline anywhere what is considered as red flag for immigration officer?

Yes all of you are right. Seems like i have lot of homework to do to prove marriage to USC wasn't shame.