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Gayathri

Please tell me about I130 decline scenario

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Hi all,

My husband got married to US citizen in the year 2014 and he got his green card through that. He was working in USA that time and made adjustment of status. He applied green card through marriage as well as job he was doing it. Both became current and he got green card. He got divorce in 2016 due to some misunderstanding and he married me in 2018 and I live in India. Now he applied F2A for me and my I130 is applied. He is due to apply for his citizenship by Jan 2019. Could anyone please tell me it’s been 3 years he is holding green card and apply for spouse now. Will this affect my approval? 

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Yes because your case looks like a classic case of immigration fraud.  Marry USC to immigrate to the US, then divorce after ROC, go home to marry real love, and file spousal visa.  All in less than 5 years.  So, the I-130 for you is likely to be denied.  

 

Your husband will need to provide evidence that his prior marriage was not primarily for immigration.  The burden is on him to prove it.  

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4 minutes ago, Gayathri said:

It’s not fraud but his GC was granted via job as well. So it’s not through marriage alone. 

A person can not get a green card through a job and a spouse.  It's one or the other.  It can not be both.

 

If he got his green card based on a job, then you don't have a problem.

 

If he got his green card through his USC wife, then you have a problem.  

Edited by aaron2020

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2 hours ago, Gayathri said:

It’s not fraud but his GC was granted via job as well. So it’s not through marriage alone. 

He'll have to provide a divorce certificate  and a 2-yr marriage to a USC could attract scrutiny. Even if that marriage didn't result in a green card.


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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He needs to be a GC holder for 5 years or be a USC before he is eligible to file a spousal visa petition for you.  If he files now it will be denied because of ineligibility.  So you'll have to wait.

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The I-130 he filed should not be appealed.  It will not be overturned since it was filed too early.  Once he has held his green card for 5 years or becomes an US citizen he can file a new I-130.  If he files with green card your category if F2A which is over a 2 year wait use the USCIS approval.   If he files as a citizen the category is the same that we talk about here for a CR1/IR1 visa.   That timeline for USCIS is about half.    You still have to go thru NVC and Embassy Consulate to get the visa appointment.

 

In the meantime he should try to visit an add more proof of a bona fide marriage as there are going to be red flags about the case warranted or not.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry

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The 5 year ban is only if the green card was issued based on marriage. It does not apply to other family immigration cases, or any employment-based immigration cases.


Timelines:

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

12/1/17: sent

12/14/17: 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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2 hours ago, geowrian said:

The 5 year ban is only if the green card was issued based on marriage. It does not apply to other family immigration cases, or any employment-based immigration cases.

Thank you so much. That helps a lot

9 hours ago, Paul & Mary said:

The I-130 he filed should not be appealed.  It will not be overturned since it was filed too early.  Once he has held his green card for 5 years or becomes an US citizen he can file a new I-130.  If he files with green card your category if F2A which is over a 2 year wait use the USCIS approval.   If he files as a citizen the category is the same that we talk about here for a CR1/IR1 visa.   That timeline for USCIS is about half.    You still have to go thru NVC and Embassy Consulate to get the visa appointment.

 

In the meantime he should try to visit an add more proof of a bona fide marriage as there are going to be red flags about the case warranted or not.

Thank you

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22 hours ago, Gayathri said:

Hi all,

My husband got married to US citizen in the year 2014 and he got his green card through that. He was working in USA that time and made adjustment of status. He applied green card through marriage as well as job he was doing it. Both became current and he got green card. He got divorce in 2016 due to some misunderstanding and he married me in 2018 and I live in India. Now he applied F2A for me and my I130 is applied. He is due to apply for his citizenship by Jan 2019. Could anyone please tell me it’s been 3 years he is holding green card and apply for spouse now. Will this affect my approval? 

If he’s only had a GC for three years he won’t be applying for citizenship in 2019. 


 

 

 

 

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Thanks all for your help. I am sorry there was some confusion in the dates and we have cleared it now. So he is completing his 5 years of GC by Mar next year and he will be applying for citizenship. To clarify he got green card through employer. This confusion arised coz his employer filed a petition meanwhile they got married and tried to fast track the process but as his pd became current with employer petition itself. Thanks all for taking time and advising me. I am now relieved much 

Edited by Gayathri
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