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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
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Posted

If you are not a US Citizen (USC) and your boyfriend/fiance is an CPR/LPR (Green card holder), then:

  1. His divorce must be finalized. Only then can you marry.
  2. He still needs to successfully complete ROC. Failure to do so successfully will terminate his legal status and he will be ineligible to petition anybody.
  3. Once married, he can file an I-130 for the spouse of an LPR (F2A category). This is currently an ~2 year wait before a visa becomes available. Once a visa is available, you can apply for it, do the paperwork, medical, interview, etc., and ultimately get the immigrant visa.

That said, just note that USCIS will likely be suspicious given that he was married for a short period of time, divorced, and immediately wants to bring a new spouse into the US (or grant LPR status if you are already in the US). I'm not accusing you of anything in any way, but looking at it from their perspective, it raises questions that you will need to be able to answer and prove your relationship as bona fide.

 

Furthermore, if he wants to go back home because he's happier there, then I see no good reason to try to stop him. It may be more worthwhile to consider moving back home with him if you want to be together.

 

If you are a USC and he's a CPR/LPR, then there's nothing for you to do but wait for the divorce to finalize. The ROC doesn't involve you from an immigration standpoint.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Unlockable Mentor

Unlockable   7,306

Posted
Filed: Citizen (pnd) Country: Dominican Republic
 Timeline
Posted

Very admirable for you to stick up for your girl but the truth is the information she provided was confusing and lacked clarification no matter how many times a person read it. So the people here are only going but what was posted.

 

That being said it is best for you to go through with the divorce. You can ROC with a divorce waiver. As for other options for you to stay here... don't know of any other outside of family based (marriage) immigration unless you have a qualifying adult relative.

 

The reason people mentioned a joint account is because when immigrants come on viisas based on marriage then when it is time to ROC, joint accounts and commingling of finances is one of the primary evidence they show to prove the marriage was bonafide.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Penguin_ie Grand Master

Penguin_ie   5,986

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

***** thread closed for unacceptable personal attacks.  This thread is not to be re-opened. ********

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.

mod penguin.jpg

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