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Dash06

My I-130 and I-485 was withdrawn because of divorce papers was not genuine

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Filed: H-1B Visa Country: Nigeria
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I got married to my wife who is a citizen of United States in 2019 and filed my I-130 and I-485. My I-130 was approved without interview. I interview for I-485 in January 2021 and I got a response that my divorce paper is fake, unless I provide more evidence that is genuine then my marriage to my wife is illegal. All efforts to get evidence of my divorce papers from Nigeria failed and I had to withdraw my case. I filed for divorce from my ex-wife from Nigeria here in Arizona and it has been finalized. My issue now is I was married to my wife here in Arizona in 2019. For my marriage to be legal, I have to remarry my wife the date after the divorce was finalized. Can I marry my wife twice in Arizona and file another I-130 and I-485 or is there a way I can void our first marriage in 2019? Can I be married to the same person legally twice in Arizona? Please I need your help because I am confused. 

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Filed: Citizen (apr) Country: Taiwan
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Your case sounds familiar.  Have you posted here before?

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: F-2A Visa Country: Nepal
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25 minutes ago, Lucky Cat said:

Your case sounds familiar.  Have you posted here before?

 

Yeah, sound familiar.


To the OP:

It sounds like you got your divorce finalized finally, the best way is annulment of your current marriage since it wasn't a valid marriage to begin with. Once annulment, you two marry and it will still be called first marriage between you two.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Filed: K-1 Visa Country: Wales
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Intrigued as to what your Lawyer said?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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File an annulment in Arizona, remarry and refile.

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 - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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*~*~*procedural question moved from “progress reports” to “general discussion”*~*~*

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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2 hours ago, Adedamola06 said:

I got married to my wife who is a citizen of United States in 2019 and filed my I-130 and I-485. My I-130 was approved without interview. I interview for I-485 in January 2021 and I got a response that my divorce paper is fake, unless I provide more evidence that is genuine then my marriage to my wife is illegal. All efforts to get evidence of my divorce papers from Nigeria failed and I had to withdraw my case. I filed for divorce from my ex-wife from Nigeria here in Arizona and it has been finalized. My issue now is I was married to my wife here in Arizona in 2019. For my marriage to be legal, I have to remarry my wife the date after the divorce was finalized. Can I marry my wife twice in Arizona and file another I-130 and I-485 or is there a way I can void our first marriage in 2019? Can I be married to the same person legally twice in Arizona? Please I need your help because I am confused. 

This is the type of scenario that should deter people from doing just that.  Not worth the risk.

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Yes it is bigamy.  I´d use a lawyer, but a defense to bigamy could be the reliance, that he believed that, the divorce papers he had were valid.  If sounds like rather than fixing the issue with the original paperwork,  the OP just refiled a divorce, which is problematic.  

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 - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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Filed: Citizen (apr) Country: Kenya
Timeline

My questions to VJers:

1. Can one divorce twice?

2. Can non-citizen, OP in this case, come to US and divorce foreign spouse in US courts? I kind of find it weird that US court would grant a divorce for (a) marriage not done in US AND (b) none of parties is LPR/ USC...this opens loopholes for people to come on B-2/ non-immigrant visas and easily divorce foreign spouse that is left behind in country of origin, with or without that spouse's knowledge. 

 

If (b) above is true, then all those whose "cyber agent" indicated "married" should pretty easily get foreign divorce in US and easily go through with AOS after marrying USC.

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Filed: Citizen (apr) Country: Kenya
Timeline

How did you obtain the Nigerian divorce papers?

1. Were you in the US by then? If so, did you send someone OR

2. You got them yourself while back in Nigeria?

@Adedamola06

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Filed: Citizen (apr) Country: Scotland
Timeline
6 hours ago, Timona said:

Can non-citizen, OP in this case, come to US and divorce foreign spouse in US courts?

As long as a marriage is lawful in its country of origin, individuals can usually get divorced in another country in a similar manner to their home country. 

H1B: Feb 2001 (London)

L1A:  Jan 2014 (London)

AOS: May 24th 2016 - June 20th 2017

N400: March 23rd 2020 - June 29th 2021

Passport: July 1st 2021 - August 30th 2021

Social Security: July 1st 2021 - October 5th 2021

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Filed: F-2A Visa Country: Nepal
Timeline
7 hours ago, Timona said:

How did you obtain the Nigerian divorce papers?

1. Were you in the US by then? If so, did you send someone OR

2. You got them yourself while back in Nigeria?

@Adedamola06

This brings up one question to the OP.
OP, are you sure this latest divorce (certificate) is valid? What is the likelihood that this one is fake as well like last time?

 

7 minutes ago, Keyboard Warrior said:

As long as a marriage is lawful in its country of origin, individuals can usually get divorced in another country in a similar manner to their home country. 

Not in a similar manner to their home country, if someone married abroad is getting divorced in the US, they have to follow the divorce rules of US (State) not the one from their home country.

Edited by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Filed: Citizen (apr) Country: Kenya
Timeline
7 minutes ago, arken said:

This brings up one question to the OP.
OP, are you sure this latest divorce (certificate) is valid? What is the likelihood that this one is fake as well like last time?

 

Not in a similar manner to their home country, if someone married abroad is getting divorced in the US, they have to follow the divorce rules of US (State) not the one from their home country.

 

So what prevents the "cyber agent" story people from legally divorcing while in US? That's where I'm scratching my brain.

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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