Help with divorce/annulment & immigration decision:

[trippletest 0]

To make a long story short, I was brought into the USA when I was a child (1-2 years old).

In 1998 (14 years old) I was approved for my I-130 (it was probably filed when I was 12-13 years old).

Around 1998 my father (my sponsor) became a US Citizen (I am unsure if he was a PR or USC when he filed for my I-130).

I married a US Citizen in 2002 when I had just turned 18. We separated in 2005. I moved to my home country in 2006 and have been here for 1 year and 6 months now.

I married her because I was in love with her and I wanted to be with her for the rest of my life. My father had a lot to do with the influence, though (My father always took care of immigration and government paperwork - I was always dependent of him - my entire family for that matter). I believe that his interest was for me to be happy and to be with the person I loved but I also believe that, because he told me, since she is a US Citizen it can help my status go faster or it can help solve my immigration issues. My wife knew my situation and agreed. I believe that we were too young to marry (myself 18 and her 21 - we were dating since I was 15). I didn't understand what I understand now.

My trip back to my home country has allowed me to find myself, focus and organize my life. For the past month or two I have been researching everything that I can about my status and it has brought me this far. I have become independent and succeeded alone without depending on my father. I understand my situation, responsibilities and obligations; and I want to confront them but wisely so that no more mistakes are made.

I'm researching annulments and divorces. I would prefer to annul the marriage Valid Reasons for Annulment: underage participants, prior existing marriage, physical incapacity, marriage by force, unsound mind, and fraud. but I am unsure if I qualify. Does anyone know more about this or is my only choice a divorce? I am 23 now.

My main concern is choosing the best option available to me (taking into consideration time and costs which is very limited to me).

Do you suggest I take care of the divorce/annulment first before I continue to file for my I-824 and I-485 (I have had other persons say that I will have to file for other forms and not the 824 and 845)? How will that offset the outcome of my status?

Or should I submit my forms first and then annul/divorce after I become accepted? This is critical. I really don’t know what to do.

Any help and info will be appreciated and thanks in advance.

Reference thread (part 1):

http://www.visajourney.com/forums/index.php?showtopic=92202

Edited October 22, 2007 by trippletest

[diadromous mermaid 36]

To make a long story short, I was brought into the USA when I was a child (1-2 years old).

In 1998 (14 years old) I was approved for my I-130 (it was probably filed when I was 12-13 years old).

Around 1998 my father (my sponsor) became a US Citizen (I am unsure if he was a PR or USC when he filed for my I-130).

I married a US Citizen in 2002 when I had just turned 18. We separated in 2005. I moved to my home country in 2006 and have been here for 1 year and 6 months now.

I married her because I was in love with her and I wanted to be with her for the rest of my life. My father had a lot to do with the influence, though (My father always took care of immigration and government paperwork - I was always dependent of him - my entire family for that matter). I believe that his interest was for me to be happy and to be with the person I loved but I also believe that, because he told me, since she is a US Citizen it can help my status go faster or it can help solve my immigration issues. My wife knew my situation and agreed. I believe that we were too young to marry (myself 18 and her 21 - we were dating since I was 15). I didn't understand what I understand now.

My trip back to my home country has allowed me to find myself, focus and organize my life. For the past month or two I have been researching everything that I can about my status and it has brought me this far. I have become independent and succeeded alone without depending on my father. I understand my situation, responsibilities and obligations; and I want to confront them but wisely so that no more mistakes are made.

I'm researching annulments and divorces. I would prefer to annul the marriage Valid Reasons for Annulment: underage participants, prior existing marriage, physical incapacity, marriage by force, unsound mind, and fraud. but I am unsure if I qualify. Does anyone know more about this or is my only choice a divorce? I am 23 now.

My main concern is choosing the best option available to me (taking into consideration time and costs which is very limited to me).

Do you suggest I take care of the divorce/annulment first before I continue to file for my I-824 and I-485 (I have had other persons say that I will have to file for other forms and not the 824 and 845)? How will that offset the outcome of my status?

Or should I submit my forms first and then annul/divorce after I become accepted? This is critical. I really don’t know what to do.

Any help and info will be appreciated and thanks in advance.

Reference thread (part 1):

http://www.visajourney.com/forums/index.php?showtopic=92202

The grounds you've cited for annulment don't apply. You were an adult, and unless you were coerced or non compos mentis then you did so of free will.

If you are outside the US at this time, how do you figure the out-of-status time will play out?

[trippletest 0]

The grounds you've cited for annulment don't apply. You were an adult, and unless you were coerced or non compos mentis then you did so of free will.

If you are outside the US at this time, how do you figure the out-of-status time will play out?

My parents went to the USCIS office and they told her I had to fill out an I-824 and my I-130 status is still approved.

[diadromous mermaid 36]

The grounds you've cited for annulment don't apply. You were an adult, and unless you were coerced or non compos mentis then you did so of free will.

If you are outside the US at this time, how do you figure the out-of-status time will play out?

My parents went to the USCIS office and they told her I had to fill out an I-824 and my I-130 status is still approved.

What country are you in right now? My understanding is that with the approved I-130, you would still be subject to the availability of a visa. Have you checked to see if the visa priority date is current?

[trippletest 0]

The grounds you've cited for annulment don't apply. You were an adult, and unless you were coerced or non compos mentis then you did so of free will.

If you are outside the US at this time, how do you figure the out-of-status time will play out?

My parents went to the USCIS office and they told her I had to fill out an I-824 and my I-130 status is still approved.

What country are you in right now? My understanding is that with the approved I-130, you would still be subject to the availability of a visa. Have you checked to see if the visa priority date is current?

I'm in Mexico. How do I check to see i the visa priority date is current? The way I know that it was approved is by the case status online at USCIS.com. It only states when it was approved in 1998 and it was updated in 2002 (based on my online filing account at USCIS) so I'm not sure what the expiration date it might have, does an I-130 have an expiration date? My mother went to the USCIS office in the states and they had her file for an I-824 to request copies of the approved I-130.

[diadromous mermaid 36]

The grounds you've cited for annulment don't apply. You were an adult, and unless you were coerced or non compos mentis then you did so of free will.

If you are outside the US at this time, how do you figure the out-of-status time will play out?

My parents went to the USCIS office and they told her I had to fill out an I-824 and my I-130 status is still approved.

What country are you in right now? My understanding is that with the approved I-130, you would still be subject to the availability of a visa. Have you checked to see if the visa priority date is current?

I'm in Mexico. How do I check to see i the visa priority date is current? The way I know that it was approved is by the case status online at USCIS.com. It only states when it was approved in 1998 and it was updated in 2002 (based on my online filing account at USCIS) so I'm not sure what the expiration date it might have, does an I-130 have an expiration date? My mother went to the USCIS office in the states and they had her file for an I-824 to request copies of the approved I-130.

You say you are intent on following through with your family-based petition by way of your father's petition, rather than a marriage-based one, and that is due to the fact that your marriage, by your own admission is not viable and you are headed towards divorce. I think, unless my information is not accurate, if your father petitioned for you as an LPR (even if he subsequently upgraded the petition once he became a US citizen) you're considered Third Preference category, since you have married and are over 21 years of age. So, according to the bulletion issued by the Department of State, you've got quite a wait. The current priority date is 08JUN92 for Mexico. Of course, you should confer with an immigration specialist, since we don't know all of the details that might be pertinent. I'm inclined to believe that it would be wise to confer with an immigration attorney to ask if any time spent in the USA over 180 days could possible cause a bar to admissibility.

[little white guy 0]

The grounds you've cited for annulment don't apply. You were an adult, and unless you were coerced or non compos mentis then you did so of free will.

If you are outside the US at this time, how do you figure the out-of-status time will play out?

My parents went to the USCIS office and they told her I had to fill out an I-824 and my I-130 status is still approved.

What country are you in right now? My understanding is that with the approved I-130, you would still be subject to the availability of a visa. Have you checked to see if the visa priority date is current?

I'm in Mexico. How do I check to see i the visa priority date is current? The way I know that it was approved is by the case status online at USCIS.com. It only states when it was approved in 1998 and it was updated in 2002 (based on my online filing account at USCIS) so I'm not sure what the expiration date it might have, does an I-130 have an expiration date? My mother went to the USCIS office in the states and they had her file for an I-824 to request copies of the approved I-130.

You say you are intent on following through with your family-based petition by way of your father's petition, rather than a marriage-based one, and that is due to the fact that your marriage, by your own admission is not viable and you are headed towards divorce. I think, unless my information is not accurate, if your father petitioned for you as an LPR (even if he subsequently upgraded the petition once he became a US citizen) you're considered Third Preference category, since you have married and are over 21 years of age. So, according to the bulletion issued by the Department of State, you've got quite a wait. The current priority date is 08JUN92 for Mexico. Of course, you should confer with an immigration specialist, since we don't know all of the details that might be pertinent. I'm inclined to believe that it would be wise to confer with an immigration attorney to ask if any time spent in the USA over 180 days could possible cause a bar to admissibility.

Other parts not sure of.

One thing you can count on is yes a divorce is

your path..You must do it in the state you married in.

If you don't and try to file with dhs in the future your

marriage (divorce) will be known.........................

One thing am not sure about is does dhs check records

in all states, the 1st address you gave them yes they do

check local records, county records and state.

[diadromous mermaid 36]

The grounds you've cited for annulment don't apply. You were an adult, and unless you were coerced or non compos mentis then you did so of free will.

If you are outside the US at this time, how do you figure the out-of-status time will play out?

My parents went to the USCIS office and they told her I had to fill out an I-824 and my I-130 status is still approved.

What country are you in right now? My understanding is that with the approved I-130, you would still be subject to the availability of a visa. Have you checked to see if the visa priority date is current?

I'm in Mexico. How do I check to see i the visa priority date is current? The way I know that it was approved is by the case status online at USCIS.com. It only states when it was approved in 1998 and it was updated in 2002 (based on my online filing account at USCIS) so I'm not sure what the expiration date it might have, does an I-130 have an expiration date? My mother went to the USCIS office in the states and they had her file for an I-824 to request copies of the approved I-130.

You say you are intent on following through with your family-based petition by way of your father's petition, rather than a marriage-based one, and that is due to the fact that your marriage, by your own admission is not viable and you are headed towards divorce. I think, unless my information is not accurate, if your father petitioned for you as an LPR (even if he subsequently upgraded the petition once he became a US citizen) you're considered Third Preference category, since you have married and are over 21 years of age. So, according to the bulletion issued by the Department of State, you've got quite a wait. The current priority date is 08JUN92 for Mexico. Of course, you should confer with an immigration specialist, since we don't know all of the details that might be pertinent. I'm inclined to believe that it would be wise to confer with an immigration attorney to ask if any time spent in the USA over 180 days could possible cause a bar to admissibility.

Other parts not sure of.

One thing you can count on is yes a divorce is

your path..You must do it in the state you married in.

If you don't and try to file with dhs in the future your

marriage (divorce) will be known.........................

One thing am not sure about is does dhs check records

in all states, the 1st address you gave them yes they do

check local records, county records and state.

I hope you're not suggesting that he could attempt to conceal the fact that he was married, are you?

[rouguewave 7]

Other parts not sure of.

One thing you can count on is yes a divorce is

your path..You must do it in the state you married in.

If you don't and try to file with dhs in the future your

marriage (divorce) will be known.........................

One thing am not sure about is does dhs check records

in all states, the 1st address you gave them yes they do

check local records, county records and state.

Actually, what you have said is NOT true. In the US, you do NOT have to be divorced in the state you married in. You can get a divorce in ANY US state and it will apply.

to the OP: IF you were married in the US and IF you believe divorce is necessary and IF you can get back into US (from Mexico) your best bet would be to consider relocating to a state that has the most liberal divorce laws & process (e.g. Nevada). It might help to use a general site like this for some basic research. http://www.divorcelawinfo.com/index.htm

IF you were married in the US and IF you believe divorce is necessary and IF you cannot get back into US, you will also need to research the conditions underwhich the US will recognise the divorce. Perhaps this site will help. http://travel.state.gov/family/family_issu...ivorce_592.html

I believe your original question is still unanswered, which is: "Do you suggest I take care of the divorce/annulment first before I continue to file for my I-824 and I-485 (I have had other persons say that I will have to file for other forms and not the 824 and 845)? How will that offset the outcome of my status? Or should I submit my forms first and then annul/divorce after I become accepted?"

I suspect there are others who will have better answers on this for you.

[trippletest 0]

My following replies are in red font:

to the OP: IF you were married in the US and IF you believe divorce is necessary and IF you can get back into US (from Mexico) your best bet would be to consider relocating to a state that has the most liberal divorce laws & process (e.g. Nevada). It might help to use a general site like this for some basic research. http://www.divorcelawinfo.com/index.htm Thanks for the info on this but it is now clear to me that I cannot relocate to Nevada only to divorce (Navada requires 6 month residency as a requirment and this extends the period to wait plus legally staying in nevada) but I might have to travel to the USA to validate a mexican divorce or file in california. Is it possible to apply for a temporary nonimigrant visa that would allow me to enter the USA for devorce purposes?

IF you were married in the US and IF you believe divorce is necessary and IF you cannot get back into US, you will also need to research the conditions underwhich the US will recognise the divorce. Perhaps this site will help. http://travel.state.gov/family/family_issu...ivorce_592.html This might be the most reachable option available to me. I have to make sure that my divorce will be recognized in california. I am still concerned of what my final status and preference would be to continue to file for LPR with the I-485 (I also saw on a USICS facts sheet that the I-485 was for LPR while in the USA which I am not, what form would it be, then?).

I believe your original question is still unanswered, which is: "Do you suggest I take care of the divorce/annulment first before I continue to file for my I-824 and I-485 (I have had other persons say that I will have to file for other forms and not the 824 and 845)? How will that offset the outcome of my status? Or should I submit my forms first and then annul/divorce after I become accepted?" My questions have become more specific: Would I have to apply for a temporary nonimigrant visa that would allow me to enter the USA to file for divorce? Once this process is complete can I submit my I-824 and I-485 under my father's sponsorship bennifits? What immediate relative preference would I fall under? Since I am over the age of 21 and divorced (how does the divorce status get categorized? will I be categorized as an unmarried child over the age of 21? I don't see anything any preference with DIVORCED status) Or since I was petittioned for an IR with the I-130 at the age of 12-13 and approved for the I-130 in 1998 at the age of 14 (I fell under the category of unmarried child under the age of 21 [1st preference]) but my case was never followed through and I am unsure what how long I will have to wait to return to my home in the USA.

I suspect there are others who will have better answers on this for you. There are several points that are still unclear for me which I will probably post subthreads linked to this thread since this one is becoming very hard to follow through. However, thank your for the links on divorce rouguewave. I have researched enough to know that I must contact here in mexico and via phone to the USA non-profit family lawyers and immigration attourneys (I will have Voip service soon)

I hope you're not suggesting that he could attempt to conceal the fact that he was married, are you? Risking detection of this matter can lead to denial of my application or worse it can cancel my application all together. I don't want to complicate my situation more---I want to simplify it to get it solved. It is interesting to know, however, if USCIS checks marriage status if it is specified on the form that you are or not married.

Edited October 25, 2007 by trippletest

[trippletest 0]

You say you are intent on following through with your family-based petition by way of your father's petition, rather than a marriage-based one, and that is due to the fact that your marriage, by your own admission is not viable and you are headed towards divorce. I think, unless my information is not accurate, if your father petitioned for you as an LPR (even if he subsequently upgraded the petition once he became a US citizen) you're considered Third Preference category, since you have married and are over 21 years of age. So, according to the bulletion issued by the Department of State, you've got quite a wait. The current priority date is 08JUN92 for Mexico. Of course, you should confer with an immigration specialist, since we don't know all of the details that might be pertinent. I'm inclined to believe that it would be wise to confer with an immigration attorney to ask if any time spent in the USA over 180 days could possible cause a bar to admissibility. What's the difference between an Immigration Specialist and Immigration Attourney (do you recomend me not to discuss this information with USCIS untill I've consulted a specialist and/or attourney - will a non-profit immigration office help me with this and does a non-profit office have accurate information related to my case)?

[rouguewave 7]

My following replies are in red font:

to the OP: IF you were married in the US and IF you believe divorce is necessary and IF you can get back into US (from Mexico) your best bet would be to consider relocating to a state that has the most liberal divorce laws & process (e.g. Nevada). It might help to use a general site like this for some basic research. http://www.divorcelawinfo.com/index.htm Thanks for the info on this but it is now clear to me that I cannot relocate to Nevada only to divorce (Navada requires 6 month residency as a requirment and this extends the period to wait plus legally staying in nevada) but I might have to travel to the USA to validate a mexican divorce or file in california. Is it possible to apply for a temporary nonimigrant visa that would allow me to enter the USA for devorce purposes?

IF you were married in the US and IF you believe divorce is necessary and IF you cannot get back into US, you will also need to research the conditions underwhich the US will recognise the divorce. Perhaps this site will help. http://travel.state.gov/family/family_issu...ivorce_592.html This might be the most reachable option available to me. I have to make sure that my divorce will be recognized in california. I am still concerned of what my final status and preference would be to continue to file for LPR with the I-485 (I also saw on a USICS facts sheet that the I-485 was for LPR while in the USA which I am not, what form would it be, then?).

I believe your original question is still unanswered, which is: "Do you suggest I take care of the divorce/annulment first before I continue to file for my I-824 and I-485 (I have had other persons say that I will have to file for other forms and not the 824 and 845)? How will that offset the outcome of my status? Or should I submit my forms first and then annul/divorce after I become accepted?" My questions have become more specific: Would I have to apply for a temporary nonimigrant visa that would allow me to enter the USA to file for divorce? Once this process is complete can I submit my I-824 and I-485 under my father's sponsorship bennifits? What immediate relative preference would I fall under? Since I am over the age of 21 and divorced (how does the divorce status get categorized? will I be categorized as an unmarried child over the age of 21? I don't see anything any preference with DIVORCED status) Or since I was petittioned for an IR with the I-130 at the age of 12-13 and approved for the I-130 in 1998 at the age of 14 (I fell under the category of unmarried child under the age of 21 [1st preference]) but my case was never followed through and I am unsure what how long I will have to wait to return to my home in the USA.

I suspect there are others who will have better answers on this for you. There are several points that are still unclear for me which I will probably post subthreads linked to this thread since this one is becoming very hard to follow through. However, thank your for the links on divorce rouguewave. I have researched enough to know that I must contact here in mexico and via phone to the USA non-profit family lawyers and immigration attourneys (I will have Voip service soon)

I hope you're not suggesting that he could attempt to conceal the fact that he was married, are you? Risking detection of this matter can lead to denial of my application or worse it can cancel my application all together. I don't want to complicate my situation more---I want to simplify it to get it solved. It is interesting to know, however, if USCIS checks marriage status if it is specified on the form that you are or not married.

Where did you get the 6 months for Nevada from? From the site I suggested, I see this: "Divorce Law Nevada permits no fault divorce based on incompatibility or living separate and apart for one year. It also permits fault divorces. It is a community property state. The residency requirement is short: only six weeks."

http://www.divorcelawinfo.com/states/nevada/nevada.htm

You clearly have a complicated situation. If you're trying to handle it yourself, I'd suggest reading more carefully. Its also risky to be trying to manage all this through internet community forums like VJ. You really ought to consider some form of legal advice. I'm a software engineer, not an attorney. I just tried to help by looking on a few websites.

[trippletest 0]

Where did you get the 6 months for Nevada from? From the site I suggested, I see this: "Divorce Law Nevada permits no fault divorce based on incompatibility or living separate and apart for one year. It also permits fault divorces. It is a community property state. The residency requirement is short: only six weeks."

http://www.divorcelawinfo.com/states/nevada/nevada.htm

You clearly have a complicated situation. If you're trying to handle it yourself, I'd suggest reading more carefully. Its also risky to be trying to manage all this through internet community forums like VJ. You really ought to consider some form of legal advice. I'm a software engineer, not an attorney. I just tried to help by looking on a few websites.

Yes, I've been exhausting myself with researching and work and I think I missread the month vs week part . It's a good thing that you corrected me on that because I had a different concept with the 6 months and now I can keep that open. I just got Vonage installed and I start the calling process. I will be updating the thread with my progress because believe it or not this has been the best help I have ever received and it is making a difference. Thank you all especially rouguewave and diadromous mermaid.

[diadromous mermaid 36]

This might be the most reachable option available to me. I have to make sure that my divorce will be recognized in california. I am still concerned of what my final status and preference would be to continue to file for LPR with the I-485 (I also saw on a USICS facts sheet that the I-485 was for LPR while in the USA which I am not, what form would it be, then?).

Would I have to apply for a temporary nonimigrant visa that would allow me to enter the USA to file for divorce?

Doing that, and then petitioning to remain without leaving the country falls into the nasty class of misuse of a visa for which there can be some stringent penalties.

I am still puzzled with why you did not adjust whilst you were residing in the USA with your US citizen wife. When the issue of removal came up, did you not confer with an attorney? Did your attorney not look into LIFE?

What I believe you need to do is to confer with an immigration attorney (pro bono if you can find one...or certainly even arranging a first consultation with an immigration attorney, which is usually free of charge) to ascertain a couple of things:

1.) Since the I-130 was approved in 1998 are there any unusual elements to your case? Query how LIFE Family Unity Act of 2000 might or might not apply with the attorney.

2.) What can you expect to be the remaining waiting time for a visa ? (looks like 6 years to me)

3.) Would a divorce be well-timed now, and if so, why?

4.) Have you accrued any unlawful status time in the USA?

5.) If there was any unlawful presence time, has that triggered any bar to admissibility?

6.) If there is any bar, can it be overcome?

7.) Would being married, albeit not viable at this time, serve in overcoming any bar, if there should be one?

Those are the types of questions I'd pose to a specialist. Good luck!