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darth vader

Opinion on our petition history and its potential impact on new petition

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My USC spouse is going to be filing a new I-130 petition for me. Here is our history with USCIS, please share your opinion if you think we are going to have hard time, elevated scrutiny or unusual processing time for the new petition due to this?

 

1. My wife filed an I-130 for non USC ex-husband whom she met in college in the U.S. The marriage lasted less than two years, and I-130 petition was withdrawn within 2-3 months of sending it since they separated and later divorced. The petition was withdrawn before it could be approved.

2. Same year, my wife met me over the internet, I was living in India at the time. Next year, she visited me after her divorce was finalized. She visited me multiple times in India. She petitioned for I-129f for me. I interviewed in Mumbai, was denied a visa, we married in India instead, and surprisingly were asked to appear for another interview. At this point we were married so we just withdrew the I-129f petition.

3. We both moved to Canada next year, and live together here since then. After living together in Canada for ~3 years and being married for four years we got an IR1 visa as a result of I-130 petition my wife had filed for me. However, we ended up not moving at the time due to changed circumstances, and stayed in Canada.

 

We are finally ready to move to the U.S. and plan to apply for an I-130 again. We have been married for over five years now, living together for four years. We have all joint finances, co-habitation, family photos, life insurance beneficiary of each other, joint taxes etc. Given the previous petitions, do you think we'll have any issues with out new I-130 petition?

Edited by darth vader
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Filed: IR-1/CR-1 Visa Country: Denmark
Timeline

The same situation applies to more people than you would believe. You will be okay

Our CR1 Journey:

 

USCIS Stage:

  • Feb 14 2019: NOA1 (NSC)
  • July 31 2019: I129f NOA1
  • Sep 19 2019: I129f NOA2 (Denied - 50 days from NOA1)
  • Sep 19 2019: I130 NOA2 (Approved - 217 days from NOA1)

 

NVC Stage:

  • Sep 27 2019: Sent to Department of State
  • Oct 31 2019: Case number received (34 days since sent)
  • Nov 1 2019: IV & AOS fees received & paid
  • Nov 14 2019: IV & AOS submitted
  • Dec 18 2019: All docs accepted, but one additional doc requested (5 weeks from submission)
  • Dec 18 2019: Requested doc submitted
  • Feb 19 2020: Documentarily Qualified (9 weeks from 2nd submission, 14 weeks from first submission)

 

Interview Stage:

  • Mar 11 2020: Interview letter received
  • Apr 1 2020: Interview date
  • Mar 17 2020: Interview cancelled due to COVID-19
  • August 3 2020: Rescheduled letter received, new appointment August 25 2020
  • August 25 2020: Visa approved at interview! (558 days from NOA1)
  • September 10 2020: Embassy received passport in mail
  • September 15 2020: Passport with visa in hand

 

October 11 2020: Arrived in US!

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