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informationonly

Married someone else before divorce was final

By informationonly in Adjustment of Status Case Filing and Progress Reports

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Mr & Mrs Enthusiast

Mr & Mrs   53

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21 hours ago, informationonly said:

My cousin married another person while he was legally married to a US citizen. He received paperwork from the courts in Georgia and thought his divorce was final so off he went to his native country and married someone there. They now have a little baby and his wife traveled to US and he wants to file a petition for her. Because of the discrepancy of the marriage and divorce dates. He divorced his new wife and married her again. I am helping him with his immigration forms and I am confused. On this form I-130 he must list his previous wives, do we list his first marriage with the current wife as a past marriage , do we not mention that they were married, divorced, married again. I really appreciate everyone's help, I want to get this fixed for him before he makes another mistake. Thank you everyone.

Technically if he married her while he wasnt officially divorced that makes second marriage null .So second marriage isnt marriage per law and he will be considered married to his first wife at that time. 

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debbiedoo Experienced

debbiedoo   2,339

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

you cant adjust from outside the US.

 

your cousin has made a royal mess of things and needs to hire an attorney

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130 (direct adjustment)

11/7/2019      Interview- Norfolk

11/10/2019    APPROVED (notification rec'd 11/10, approval dated 11/8)

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves with no RFE's or delays.

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

10/14/21 (havent heard anything... when do i start to get worried?)

9/15/22 APPROVED! Now to wait for NVC and interview....

 

ROC

10/14/21 Mailed to AZ PO Box. Let the waiting begin. Again.

10/16/21 Received at PO Box

10/19/21 Received Text NOA1

10/23/21 Received Mailed NOA1

 

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Tinman71 Contributor

Tinman71   42

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Filed: K-1 Visa Country: Canada
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Lawyer up. He's made this many mistakes so far no need to make more. Nobody in your group seems to understand the process already. Therefore an attorney should probably assist 

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RICARDO4EVA2 Mentor

RICARDO4EVA2   194

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Filed: F-2A Visa Country: Jamaica
 Timeline
Posted
9 hours ago, CEE53147 said:

 

You are not an attorney. He should be filing for himself.  The fact that you are posting to this forum means he needs an attorney yesterday!

Negative

 

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee
Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package
Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete
May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

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RICARDO4EVA2 Mentor

RICARDO4EVA2   194

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Filed: F-2A Visa Country: Jamaica
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2 hours ago, Mr & Mrs said:

Technically if he married her while he wasnt officially divorced that makes second marriage null .So second marriage isnt marriage per law and he will be considered married to his first wife at that time. 

Huh? Do a quick Google definition search for, "bigamy." The risks and results will sure surprise you!!

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee
Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package
Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete
May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

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Mr & Mrs Enthusiast

Mr & Mrs   53

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14 minutes ago, RICARDO4EVA2 said:

Huh? Do a quick Google definition search for, "bigamy." The risks and results will sure surprise you!!

So what are you trying to say to me ,keep ur own advise to urself dont try to become an keyboard warrior here. I said his second marriage automatically became null if he is already married,i never said if he did the right /wrong thing or if it won't cost him any consequences.

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informationonly Rookie

informationonly   0

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Thank you everyone for the information. I am only helping him to make sure he does not do anything else wrong and I am not too familiar with the terminology. I guess when she is applying for the visa at an embassy that's called a "petition" not "adjusting the status". He received his green card many years ago and is a US citizen. and I will let you guys know how it goes. Thanks:)👌

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