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Filed: Other Country: Canada
Timeline

I'm a Canadian girl who married her American boy but this is where it gets tricky. My divorce was finalized while I was out of the country but what I didn't realize is that in Ontario it doesn't take effect until 31 days after decree. I married before that time was up thinking that I was ok (no need to show certificate of divorce in Florida). My husband has filed our I-485. I'm just now finding out about that wait period! What can I do?

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Filed: AOS (pnd) Country: Philippines
Timeline

I'm a Canadian girl who married her American boy but this is where it gets tricky. My divorce was finalized while I was out of the country but what I didn't realize is that in Ontario it doesn't take effect until 31 days after decree. I married before that time was up thinking that I was ok (no need to show certificate of divorce in Florida). My husband has filed our I-485. I'm just now finding out about that wait period! What can I do?

is there any way he can ask to get that i485 back? or call uscis and ask if they can not look through it until the 31 days is up?

or maybe have to re marry?

I hope someone else can help me on this. Good luck!


April 15, 2014 : I-129F Package Sent

April 19, 2014 : I-129F Package Delivery Confirmation via USPS

April 24, 2014 - NOA1 received via email/text

April 25, 2014 - Alien Registration Number changed

April 28, 2014 - NOA1 received in mail.

May 23, 2014 - RFE received in mail.

June 5, 2014 - Response to RFE Sent

June 11, 2014 - NOA2 Approval via website!!!

June 14, 2014 - NOA2 received in mail.

June 24, 2014 - NVC Case # via phone!

June 25, 2014 - NVC forwarded case to Embassy

June 26, 2014 - Embassy received case.

June 26, 2014 - NVC letter in mail.

August 4-5, 2014 - Medical

August 6, 2014 - CFO Seminar

August 13, 2014 - VIsa Interview (Expedited)

August 19, 2014 - VISA ready for pick up!

August 20, 2014 - Packet 3 Arrived

August 26, 2014 - POE!

August 26, 2014 - Notice to schedule an Interview...

October 23, 2014 - AOS/EAD Package Sent

October 30, 2014 - NOA1 via website

November 1, 2014 - NOA1 received in mail

November 6, 2014 - Biometrics Appointment Scheduled in mail

November 19, 2014 - Biometrics Appointment

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Filed: Citizen (apr) Country: Ireland
Timeline

** Moving fro Progress reports to AOS from Tourist Visa ****

You married in Florida? I *think* you only need to be elligible to marry there you married, so if you are officially divorced, and married in Florida whcih does NOT have a waiting period, you should be ok.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Filed: Timeline

Yes, in order for your marriage to be recognised for immigration purposes, you have to abide by the laws of the location where you got married. However, any prior marriage must be legally terminated:

http://www.state.gov/documents/organization/86920.pdf

If the marriage is not considered to be legally terminated, you might have committed "accidental bigamy." In Florida, bigamy is a third-degree felony:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0826/Sections/0826.01.html

However, there are exceptions and you could fall under the following exception:

If you are applying for adjustment based on your marriage to a US citizen, then your being legally able to marry at the time of your current marriage is likely to be heavily scrutinised, since it will form part of the basis for your eligibility to adjust status.

All that said, I don't think you should panic yet. It may/may not be an automatic denial - you might get an RFE asking for more information. I strongly suggest that you consult a local family law attorney with international experience, as you will also need to find out if your current marriage is void.

If you get an interview based on your i-485 application, it would behoove you to make sure you are covered if you are questioned about the overlap. For example, the interviewer may want to know why you didn't follow up to ensure that you were legally able to marry. If you go for naturalisation, be prepared for this issue to rear its head again - there's a question on the N-400 application that asks if you've ever been married to more than one person at the same time.

I wish you luck. It sounds like this was not intentional, but now that you know it might be an issue you need to make sure that you get legal advice to ensure it doesn't create roadblocks further down the line.

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Thank you all for the insight. Your been truly helpful and not condescending. Does anybody know if they would actually check with canada to see if my former marriage was null and void?

It's possible they might not check but this is something you want to get cleared up before going any further in this process.

At each stage of the process and forward into the future if you were not legally married when you applied for your green card, it can be revoked and you can be banned from the USA for misrepresentation. Including even after you have applied for citizenship.

It might be really annoying to get it sorted out now, and to pay the AOS fees again etc if needed but better now than be deported down the line when you have a life established in the USA and kids etc.

Also it will always be hanging over you in the back of your mind.

Step 1. Find out the exact legal position you are in. Everything may be okay as mentioned in a previous post.

Fingers crossed for you.

Edited by Trellick

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Filed: Other Country: Canada
Timeline

Consulting a lawyer, seems to be the answer thus far is that USCIS wouldn't even check the status of my previous marriage as long as current one checks out. Apparently they don't consult with Canada during the process? Not sure if I trust this.

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Consulting a lawyer, seems to be the answer thus far is that USCIS wouldn't even check the status of my previous marriage as long as current one checks out. Apparently they don't consult with Canada during the process? Not sure if I trust this.

They will ask for your divorce paper during your immigration (AOS, ROC, and naturalization...) so if the divorce decree has a finalized date conflicting with your marriage license, this would bring you hell. Good luck.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Filed: Citizen (apr) Country: Iran
Timeline

You will need it for certain for the I-130 which has to be filed with the I-485. Certain forms filed with the I-485 ask about prior marriage dates and divorce dates. You really need to get a copy of the court order for the divorce to find out if you are legally married now.

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Filed: Citizen (apr) Country: Ukraine
Timeline

Get married again ??



- - - - - - - - - - - - - - - - Time Line - - - - - - - - - - - - - - - - - -

10 YEAR GREEN CARD PROCESS

July 22, 2017  ROC packet sent to Vermont.

July 24, 2017  ROC packet signed for in Vermont.

August 8, 2017  NOA received at house.  15 days since ROC signed for in VSC.

August 12, 2017 ASC appointment received. 19 days since ROC in VSC.

August 25, 2017 BIO completed. 32 days since ROC received in VSC.

August 11, 2018  18 month 'Courtesy Copy' extension letter received.  Critical number  297

October 20, 2018 18 month 'Official' extension letter received.  Critical number 297

December 4, 2018  USCIS Account shows: We approved your Form I-751, Petition to Remove Conditions on Residence, 

December 4, 2018, ordered your new card for Receipt # EAC17297003XX, and will mail to the address you gave.

491 days from NOA issued by VSC until Petition approved.

December 7, 2018 USCIS sent notice:  Card mailed.

December 12, 2018 Ten year Green Card received from Lees Summit, MO

499 days from NOA issued by VSC until Green Card received.

- - - - - - - - - - 

CITIZENSHIP PROCESS

December 6, 2018 submitted N-400 application on-line.  Estimated Completion Time: 8 months or August 2019.

December 8, 2018 received notice on USCIS that Biometrics scheduled . . . but the actual date was not yet shown.

December 11, 2018 saw in 'Documents' section of USCIS that Bio scheduled for 24 December 2018.

December 21, 2018 saw on USCIS website that they will be closed 24 December 2018 as extra holiday.

January 9, 2019 went for re-scheduled BIO appointment.  33 days after N-400 submitted on-line.

February 19, 2019 received letter in US mail that Citizenship interview scheduled for 26 March 2019. 74 days after submission on-line.

March 26, 2019 Citizenship interview scheduled for.  109 days after N-400 submitted on-line.

March 26, 2019 Passed Citizenship interview.

April 12, 2019  Received notice that Oath Ceremony had been scheduled for 24 April 2019.  17 days after interview.

April 24, 2019  Oath Ceremony completed.  29 days after interview.     139 days after N-400 submitted on-line.

April 25, 2019  USA Passport Application submitted.

May 3, 2019     USA Passport received.    149 days after N-400 submitted on-line.

May 9, 2019     Certificate of Naturalization and Citizenship returned in mail.

 

 

 

 

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