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eckoin

Prior marriage and a marriage-based AOS

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Wondering if any of you have a similar background or have any thoughts. 

 

I met my now-husband while traveling in the US, early 2014. I met with him again a couple of months later, while we were still travelling around. I moved back home to finish college, and then moved down to the US for work in late 2015, and well, now we're married. 

 

I married my first husband in 2012. In the first year, we realized that we're better friends than spouses, but didn't do much about it. By the end of 2013, we had our own separate social lives and were basically roommates. We "officially" separated late 2014, in that he moved across the country and I stayed at our old apartment. We officially divorced late 2016 (after a mandated one year separation period which was more like two years). 

 

I'm concerned that this will come up unfavourably during our AOS interview, since I met my husband while married and not even technically separated, even though the marriage part of my marriage was long dead by then. Any thoughts? 


Adjusting from TN to GC as immediate relative of USC

2015-11-23: Most recent TN received at CBP

2017-06-12: Married

2017-08-15: First child

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-03: NOA1 for I-485, I-130, and I-765

2018-07-24: Biometrics appointment

2018-07-25: Biometrics review completed

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-08-31: Request for additional information for EAD expedite mailed by USCIS

2018-09-07: Request for additional information for EAD expedite received in the mail

2018-09-07: Additional information for EAD expedite faxed to USCIS

2018-09-10: Mailed I-131 to USCIS

2018-09-14: EAD approved

2018-09-18: EAD approval notice received in the mail 

2018-09-18: EAD card was mailed 

2018-09-20: NOA1 for I-131

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

------------------

2018-11-21: TN expires

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10 minutes ago, little immigrant said:

Was your first husband a USC? When did you get married again? You didn't mention any dates when you got married only when you divorced. 

Oh no, first husband was in Canada. I didn't get to the US until 2015 when we were already completely separated. 

 

My USC husband and I got married in 2017. So the timeline is:

 

2012: married first spouse - Canada 

2013: decided marriage isn't working out, but to continue our lives as is - Canada

2014: met current (second) spouse on vacation in US, returned to Canada 

2014: separated from first spouse (still married) - Canada 

2015: moved to US for work, started dating current spouse - US

2016: first marriage dissolved by Canadian court 

2017: married current spouse - US 


Adjusting from TN to GC as immediate relative of USC

2015-11-23: Most recent TN received at CBP

2017-06-12: Married

2017-08-15: First child

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-03: NOA1 for I-485, I-130, and I-765

2018-07-24: Biometrics appointment

2018-07-25: Biometrics review completed

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-08-31: Request for additional information for EAD expedite mailed by USCIS

2018-09-07: Request for additional information for EAD expedite received in the mail

2018-09-07: Additional information for EAD expedite faxed to USCIS

2018-09-10: Mailed I-131 to USCIS

2018-09-14: EAD approved

2018-09-18: EAD approval notice received in the mail 

2018-09-18: EAD card was mailed 

2018-09-20: NOA1 for I-131

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

------------------

2018-11-21: TN expires

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Posted (edited)

It won’t be a problem. I was still legally married to my first husband when I met my current husband but we had been separated for some time. It wasn’t even mentioned during my interview that the date of my divorce decree was two years after I met my second husband.

Edited by JFH

 

 

 

 

 

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54 minutes ago, JFH said:

It won’t be a problem. I was still legally married to my first husband when I met my current husband but we had been separated for some time. It wasn’t even mentioned during my interview that the date of my divorce decree was two years after I met my second husband.

Good to hear, thanks! I can explain my life story, but really hoping it won't come up so I don't have to summarise 


Adjusting from TN to GC as immediate relative of USC

2015-11-23: Most recent TN received at CBP

2017-06-12: Married

2017-08-15: First child

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-03: NOA1 for I-485, I-130, and I-765

2018-07-24: Biometrics appointment

2018-07-25: Biometrics review completed

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-08-31: Request for additional information for EAD expedite mailed by USCIS

2018-09-07: Request for additional information for EAD expedite received in the mail

2018-09-07: Additional information for EAD expedite faxed to USCIS

2018-09-10: Mailed I-131 to USCIS

2018-09-14: EAD approved

2018-09-18: EAD approval notice received in the mail 

2018-09-18: EAD card was mailed 

2018-09-20: NOA1 for I-131

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

------------------

2018-11-21: TN expires

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20 hours ago, eckoin said:

Good to hear, thanks! I can explain my life story, but really hoping it won't come up so I don't have to summarise 

It probably won't even come up. You did not seek US immigration benefits through your previous marriage. HOWEVER, if you want to be ready for everything, I would have a brief timeline ready on paper. If the Immigration Officer asks, then you can walk him/her through it. BUT I seriously doubt it. It's just a lot of information to throw at someone who does not  even know you. So it might help them quickly process the info if you have a concise timeline with you. 

Remember that even if you were physically separated, most likely you were not legally separated. Make sure that if asked, you specify. 


Marriage-based AOS - Concurrent filing.
03/14/2018 - AOS package sent via FedEx to Chicago Lockbox.
03/16/2018 - FedEx confirmation of delivery to USCIS.
03/28/2018 - Four Email/Text notifications 11:18pm; 11:21pm; 11:24pm; 11:27pm.
04/02/2018 - Four I-797 Notice of Action letters received by mail.
04/06/2018 - Biometrics Appointment Notice for 04/18/17.
04/12/2018 - Biometrics Walk-in - Mission accomplished.
04/13/2018 - "We reviewed your biometrics and are still processing your case" - updated 04/15/2018

04/23/2018 - "Case is ready to be scheduled for an interview"

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2 minutes ago, USC4SPOUSE said:

It probably won't even come up. You did not seek US immigration benefits through your previous marriage. HOWEVER, if you want to be ready for everything, I would have a brief timeline ready on paper. If the Immigration Officer asks, then you can walk him/her through it. BUT I seriously doubt it. It's just a lot of information to throw at someone who does not  even know you. So it might help them quickly process the info if you have a concise timeline with you. 

Remember that even if you were physically separated, most likely you were not legally separated. Make sure that if asked, you specify. 

That's a really good idea, thank you! I'll prepare a timeline just in case (but yeah, definitely won't throw it at the officer if not asked first!) 

 

It's my understanding that in Canada, there is no distinction between physically and legally separated, in that legal separation doesn't have a definition. In order to get a divorce, you need to have either been "separated" for a year or more, or have evidence of physical or mental abuse, or cheating (with like, witness statements and everything). Separation is more or less defined by you, and while physical separation helps the case, you don't even have to be physically separated.

 

So we were technically separated for a while, but also technically shared an apartment thought my ex husband spent 8 out of 12 months in another province. It made financial sense to keep one apartment, and we were and are relatively good friends. 

 

Basically, we were young and confused. I'll definitely lay it out on paper if it does spark questions. Thanks again! 


Adjusting from TN to GC as immediate relative of USC

2015-11-23: Most recent TN received at CBP

2017-06-12: Married

2017-08-15: First child

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-03: NOA1 for I-485, I-130, and I-765

2018-07-24: Biometrics appointment

2018-07-25: Biometrics review completed

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-08-31: Request for additional information for EAD expedite mailed by USCIS

2018-09-07: Request for additional information for EAD expedite received in the mail

2018-09-07: Additional information for EAD expedite faxed to USCIS

2018-09-10: Mailed I-131 to USCIS

2018-09-14: EAD approved

2018-09-18: EAD approval notice received in the mail 

2018-09-18: EAD card was mailed 

2018-09-20: NOA1 for I-131

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

------------------

2018-11-21: TN expires

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