My I-130 and I-485 was withdrawn because of divorce papers was not genuine

[carmel34 3,531]

Looks like this could be another example of many who put "married" on a sworn application to get a US non-immigrant visa, then entered on that visa and married a USC, filed for AOS, and got caught because the divorce decree from the so-called marriage was fake to try and hide the lie, so he filed for divorce from the first "wife" in the US and is now hoping that an annulment from the second wife and remarriage will fix the problem.  If he did lie on the original visa application and checked "married" when he was not, it could be a case of misrepresentation that will cause lots more problems when the new AOS package is filed.  Just something to be aware of as a very good, experienced immigration attorney may be needed, if a waiver is made available by the adjudicating officer which is at their discretion and not guaranteed.  Good luck!

[arken 4,197]

39 minutes ago, Timona said:

 

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

If they go through the legal process of divorcing in the US, i don't see a problem but i see your point. You can't avoid such. There are agents whose job is to fix the (fake) marriage with fake evidences so one can immigrate. It's the same way.

[El Escocés 217]

1 hour ago, arken said:

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.

Of course,

[Timona 3,941]

1 hour ago, arken said:

If they go through the legal process of divorcing in the US, i don't see a problem but i see your point. You can't avoid such. There are agents whose job is to fix the (fake) marriage with fake evidences so one can immigrate. It's the same way.

 

Yap. Glad you got me.

 

I have been reading articles about this. However, the only ones I have got so far are those in which one party has residency/ GC/ filed to AOS but is now divorcing. I have not found anything like 2 foreigners / 1 foreigner on eg B-2 wanting to divorce their spouse in the US...I do not know how a judge say in NY will give divorce yet the judge doesn't even know anything about the marriage as to whether it is legit or not. We already know some countries do not have good marriage records. Additionally, some countries are good at forging stuff. So the judge may or may not know about that.

[Timona 3,941]

Where did OP go to? I see he was last seen 6 hours ago. 

We never see such stories through. Sad 😂

[Chancy 6,233]

9 hours ago, Timona said:

I have not found anything like 2 foreigners / 1 foreigner on eg B-2 wanting to divorce their spouse in the US

 

Google "Guam quickie uncontested divorce".  The residency requirement is only 7 days for 1 spouse.

 

In case non-dual-citizen Filipinos are reading this -- No, a Guam divorce (or any divorce for that matter) will not be recognized under current Philippine law.  Also, no guarantee that it will be valid for US immigration purposes.