Ms.F.Brown

11 hours ago, Gemm said:

Hi guys I checkEd my status today and these in what I found, anybody has the same message? What is this mean? Are we moving forward? Or the they even touch it? 

I get the same email at least once a month 😒.  I wish it did mean that we was moving forward in the process. One can only hold on to prayer & sanity lol.

On 4/21/2019 at 7:56 AM, Georgia16 said:

Hi,

 

There won't be a thread for processing of K-2's as they are children of those who come on a K-1 visa.

 

I have done the K-2 visa for my son and there is no I-130 involved in that one.

 

If a couple is already married and they are bringing a child with them or later it will be called a CR-2 (if married under 2 years) and an IR-2 if married over 2 years. And that is where the I-130 is used. 

 

So your case will not be a K-2. Also, a K-2 have to adjust status when they arrive in the states whereas a CR-2/IR-2 will be like the parent have get the status upon arrival. 

 

You can follow the general forum for I-130 like linked above. 

Thank you 

3 hours ago, nastra30 said:

Your stepson's visa is therefore going to be CR2/IR2; Not K-2. Don't confuse the two categories.

I'm not confusing anything. I've received my NOA1 all ready in the mail so I'm good. An thanks for the link 😊.

3 hours ago, nastra30 said:

If you filed I-130 for your stepson and it's saying K-2, you better be on the phone to USCIS on Monday sharp.

NO NEED BUT THANKS 👍🏾

Hello I'm petitioning for my stepson. We sent his package in on Feb 28th and they received it on March 2nd.

16 minutes ago, payxibka said:

What visa did your husband arrive on?

I-130 Petition CR1/IR-1

39 minutes ago, JFH said:

K-2 and IR-2 are separate things. Which visa are you applying 

(k2) IR-2 which is the I-130 petition for minor kids. But no one answered my question. It there a forum for March 2019 filers?

35 minutes ago, nastra30 said:

K-2 is not an I-130 petition. 

When i filed my stepson petition on the Application it said K-2. But just want to know if a forum has been made for the March 2019 filers?

No there is a (k2) IR-2 which is the I-130 petition for minor kids.

10 minutes ago, payxibka said:

No such thing as an i130 for a K2.  If you mean i130/i129f for a k3 then you filed a petition for a Visa that simply doesn't get issued anymore. 

No there is a (k2) IR-2 which is the I-130 petition for minor kids

Is there a I-130 (K2) forum for march Filers

If my husband has his 10yr GC. Do he still have to ROC in 2yrs????

13 hours ago, ms_bobdog said:

It is not when she filed her spousal visa, but when she got remarried. If she got remarried while still legally married to her first husband, that is bigamy. 

OP, why don't you just ask your friend to come in here and tell her story?

She said she got remarried 2 weeks after she got divorced from the 1st husband.

12 hours ago, JackandRed said:

Yes that is correct. I provided my final divorce decree and certified translation of my current marriage certificate  in Senegal. I have had no problems here in U.S.

The problem isn't her being married in Nigeria. The problem is her divorce being finialized from her first husband before marrying the second husband.

10 hours ago, pushbrk said:

The issue is not whether the decree was in the package when she filed.  The issue is whether the woman was "free to marry" when she married the Nigerian.  Divorce is controlled by State Law.  USCIS knows that.  If they ruled she was not free to marry, then they will not recognize the marriage.  They will need to legally marry, then start a spouse visa case.

 

I know this sounds a bit crazy, but we often see cases where a couple is "too married for a fiance visa and not married enough for a spouse visa".  This is one of those cases.

 

How to marry in Nigeria when you are already married under Nigeria law, is another matter, about which they will need to inquire in Nigeria.  It could be a "Catch 22".  Google it.

Thank you, thank you this is the anwsers im looking for right here. Cause she is truly caught in the middle of a divorce and a marriage. An her lawyer at the time screwed her in the process smh.

13 hours ago, NuestraUnion said:

Just for clarification, did she only file for divorce or was the divorce officially finalized before she got remarried?

That i dont know because all she said was that she got divorced right before she went to get remarried (2 weeks).

11 minutes ago, NateAndJessica said:

no, married is married no matter where. They got very very bad advice in 2015.

YES!!! I honestly feel that her lawyer at the time screwed her and didnt do thier job correctly.

3 hours ago, Sunnyland said:

 

OP,  did not the petitioner have the divorce decree in hand before applying for her new "spouse" spouse visa? Is not one of the required documents to send when doing this kind of visa? I just don't understand how she thought she was divorced in first place without even having her divorce papers in hand.

 

If she was not legally divorced from her first husband before marrying this new guy in Nigeria, then they can not renew vows since this second wedding was not legal.  Am I missing something?

She divorced the first husband is 2013 and then married the second husband. She didnt file the spousal visa until 2015. So to my understanding yes she did have the decree from the first one in the package.

3 hours ago, Going through said:

If by "they", you mean the USCIS customer service line...."they" are notorious for giving out the wrong information.

 

Fortunately she has the option of moving forward with the CR-1 visa now.

Customer service wasnt the ones who told her that. She got a official denial letter from USCIS saying it was denied. Her attorney at the time enquired about the denial and that was the reason that was given to them.

3 hours ago, Mrsrwhite said:

She could not have legally being married in 2013, because as she later found out she was not officially divorced at the time of the second marriage.  I suggest she just 'get married" and because that first marriage is null and void....is not recognized.  

GET married, apply, and send an explanation  at some stage in the process , and prepare to address any other question they may have.  If everything is above board then it just delay not the end.   Good luck to your friend.

 

A lawyer may just make it smoother too.

 

Thank you so much for you anwser cause it is very helpful. But she used a lawyers the first time. An the lawyer was the one who told her that USCIS denied her because USCIS said they marriage wasnt valid.

41 minutes ago, TNJ17 said:

I don’t understand how this is a surprise for such a large group of people, but newsflash, if you’re married somewhere you’re married everywhere. It was stupid of them to file for K1 visa when they were already married. The first thing about K1 is that you state you’re free to marry which they aren’t. They lied to immigration hoping to cut the time short. There is no way immigration would overlook that. File for the right visa, spousal visa in case that’s not clear, and wait out the time. It’s a made your bed gotta lie in it situation. 

Once again she filed the K1 because USCIS told her to file for the K1 visa. They told her that she was not legally married to her husband in their eyes. So buy them telling her and her lawyer that thats what she did. No one was trying to lie to immigration nor file the wrong petition which wastes money.

39 minutes ago, Boiler said:

30 days is her State requirement?

 

Get married again?

I told her that she should've renewed her vows in 2015. When they first told her that her marriage wasnt valid.

32 minutes ago, ms_bobdog said:

My bigger concern here isn't so much that she thinks that USCIS doesn't see her as married, but that she had committed polygamy. At least from whatever I can see from the story, she wasn't legally divorced when she re-married, am I right? Or am I missing something?

No she had already filed for her divorce before she got remarried. Now did she know she had to wait 30 days??? That part i dont really know.

4 minutes ago, Roel said:

No matter where in the world they marry, US recognize it. (at least from what I know)

From my understanding i thought the same thing.

1 minute ago, ms_bobdog said:

I don't get how they are not considered married in the US. At the point she filed for the K1, she was already legally divorced from her first husband and legally married to the second. So why would she file for a K1 at that point?

USCIS told her to file for the K1 because in their eyes she was not legally married to the second husband. They said she didn't wait the proper wait time between the marriages (30 days).

1 minute ago, Boiler said:

Husbands do not qualify for K1's.

Yes we know that they dont. But what do she do when the states say they arent married???

The Embassy of Nigeria always know she was married. Which is why the K1 visa was denied. It was USCIS that denied her IR-1/CR1 in 2015 and told her to file the K1 because they wasnt married in the eyes of States. So now shes stuck in between USCIS and the EMBASSY.