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Everything posted by pushbrk
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Having read back over this, to clear up any confusion, the divorce in question is the one from the first wife, to whom the OP is still married. That marriage MUST BE disclosed, and the evidence it was ended by death or divorce, must be provided. Once that is accomplished, where an how the remarriage is accomplished, doesn't matter, as long as it is legal and lawful where it is officiated. Probably need to reside first, for some period (90 days or less depending on which US State) before filing. You'll need to research which State will work, and how/whether you can serve by publication etc. It's a mess but there ARE solutions.
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Glick on the word "Guides" at the top of any page here to understand the process. Download the main form, and it's instructions, then become an A-Student of BOTH. Divorces worldwide are only granted where people LIVE. Only one must be there, either one, but the other must be "served". Google "divorce in (the country where you life) or contact a family attorney THERE. As long as it was not the Philippines, it PROBABLY doesn't matter where you married, but WHY is it a secret?
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You "get divorced" where you live now, but where you married can be an issue depending on other things. It may or may not be relevant, and most likely relevant if it she country that issued one or the other of your passports. You can explain in open fields on the last two pages of the I-130 and I-130a forms.
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Affidavit of support
pushbrk replied to 8ray's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
I mean it it is clearly enough, you don't need a joint sponsor. Typing two opposites already today. -
Affidavit of support
pushbrk replied to 8ray's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Is your Social Security income less than the required income to sponsor? If it is, you don't need a joint sponsor. -
Just going to add that if the USC has never worked or had income, she is not required to file a tax return. She will provide an affidavit of support form, stating no income and she'll check a box indicating no tax returns because not required. It will be abundantly clear she has no employment or earnings history.
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Three hours is a risk. It's a "legal" connection but if her incoming flight is delayed, she could easily miss her incoming flight. Depending on your confidence in her abilities, and whether there is a later flight to her destination for the same day, you might want a longer layover. All US (really all major worldwide) international airports would require transfer from the arriving international terminal to a domestic terminal. What's ideal is a 4 plus hour layover, in my experience, PLUS somebody to meet her and escort her to her next check-in. What I did for my Chinese wife and her daughter years ago, was to just meet them myself at their POE, and drive them home. You could also fly to the POE and escort her the rest of the way. Faking the need for a wheelchair, is pretty sketchy.
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Adjustment of Status
pushbrk replied to Sammy.NZ's topic in Removing Conditions on Residency General Discussion
Stop looking to adjust status. You need to look at "Removal of Conditions". Click on the word Guides at the top of any page here -
Who receives NVC welcome letter?
pushbrk replied to Petersaad1's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Correct. Check the I-130 top of page six. The beneficiary's email address is also asked for there. -
I-130 for wife but not for child. 'The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require their own petition to immigrate."
pushbrk replied to RnJ2021's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
It definitely does matter what the court order says, but generally court ordered full custody is sufficient, unless international travel is specifically addressed. -
I-130 for wife but not for child. 'The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require their own petition to immigrate."
pushbrk replied to RnJ2021's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
As an aside. This is another caution to those who insist everybody should do this themselves. Only those with the aptitude and motivation to carefully study forms and instructions, are able to do this on their own. That's lots of folks, but not everybody. -
What is needed is detailed on websites of Chinese Consulates in the USA. The local registry will not necessarily be aware of the issues with this document coming from the USA, other than what is commonly obtained in China. The embassy's page is NOT assuming the US Citizen is living in China. They know it's far easier to get the acceptable document from a US Consulate. When people plan ahead, they make a stop at a Consulate to get this document. It's far easier that way. I got what I needed using an agency in New Jersey because my trip did not allow for me to stop at a Consulate. Really, the best thing to do is to plan to stop at a Consulate, as part of the travel plan.
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You've been given a link to the information you need several times already. In Beijing, you go to the US Embassy. Here's the link again. It does not have to be Beijing. Any US Consulate in China can do it. https://china.usembassy-china.org.cn/marriage/
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No, there does not have to be a way to obtain the document in the USA before you go, but there is. I used an agency in New Jersey to get mine, but that was in 2005. I don't have the contact information for that agency now. Here's some information about it. http://sanfrancisco.china-consulate.gov.cn/eng/lszj/rz/200311/t20031117_9542589.htm#:~:text=Legal marriage age in China,20 or older for female.&text=(1) Affidavit of Single Status,where the document is executed.
