trippletest
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Posts posted by trippletest
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Another thing worth mentioning, diadromous mermaid, that on the USCIS online case status account shows Last Updated: 07/05/2002 I-130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN for myself, my mother and brother with the same dates.
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Trippletest,
You claim to have an approved I-130 (immigrant petition), although I question whether or not you do and I recommend you consult with a competent attorney. To address your specific question, no one needs to come or go to another country to divorce.
diadromous mermaid,
Your posts have helped me the most. Because of your advice I understand many things now that I have never known and understood before. Don't loose faith in me please. Your replies are keeping me going into the right direction. I have lost my connection to the world coming to mexico. I grew up in the states and everything I know is american. I've had to face many burndens and overcome many differences to even get a phone, computer, internet and finally today; Voip service so I can call the states for USCIS, immigration lawyers and family lawyers for divorce.
I am not posting bogus information (my situation is very serious) and I always prefer to remain anonymous on the internet. And it takes me time to post because I am mostly working long hours.
I want and need to gather as much accurate information so I can resolve my problems within the next 2 weeks so I can go back to my home in California, USA; I cannot stand being here in mexico; I'm desperate to go back home.
Thank you diadromous mermaid,
Trippletest
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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. -
Where are you now? The USCIS isn't going to issue a visa for you to come to the U.S. to do a divorce.
I'm in mexico. What Visa would it be?
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Would I have to apply for a temporary nonimigrant visa that would allow me to enter the USA to file for divorce?
If so, after divorce is attained, can I continue to file for AOS to LPR or will it affect my status?
Reference thread: http://www.visajourney.com/forums/index.ph...p;#entry1280494
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When considering Immediate Relative Preferences where it states, for example, unmarried child over the age of 21; how do you categorize DIVORCED child over the age of 21? Does it return to the unmarried child over the age of 21 preference?
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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)?
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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. -
I need to call USCIS to ask them specific questions about my case. However, I don't want to have them to record anything that may hurt my case. I don't know if they log information in whenever they speak to you which affects your status.
My concern is should the USCIS be the 1st or last place to call for information about my specific situation? I want to protect myself because I don't know the answers to my questions.
Thanks.
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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.
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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.
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30-Day Notice of Information Collection Under Review: Form I-130 Petition for Alien Relative
Notice ( http://a257.g.akamaitech.net/7/257/2422/01...07/E7-20565.htm )
10/18/2007
from: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD
Has anyone read this? what is your interpretation of the letter (just a quality control thing)?
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thread updated and continued in following thread (part 2):
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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):
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some basics first:
1. How old were you when your father petitioned for you?
2. How old were you when I-130 was approved?
3. How old are you now?
4. Your father petitioned you when he was a PR? Is he a citizen now?
5. What was your status while in the USA? Did you overstay your athorised stay? If yes, for how long?
Since you are outside the USA, you don't use I-485.
1. How old were you when your father petitioned for you? 12-13+/-
2. How old were you when I-130 was approved? 14
3. How old are you now? 23
4. Your father petitioned you when he was a PR? Is he a citizen now? I'm not sure if he was a PR at that moment or had already become a US Citizen, but I do beleive that he became a Citizen around the time I was approved for the I-130 in 1998 when I was 14 years old
5. What was your status while in the USA? Did you overstay your athorised stay? If yes, for how long? I don't really know what my status was while I was in the USA (only that I was approved for the I-130). I was in the USA from 1988-2007 (I don't know how long my authorized stay was, if I had any - which I don't believe)
Since you are outside the USA, you don't use I-485. What do I use, then?
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To answer part of your question, leaving the country while I-485 is being processed without AP (I-131) approved, and the AP document in hand is considered to be abandonment of the I-485 filing.From what I understand I have to fill out an I-485 and possibly a supplement form A to the I-485 to become a permanent resident. Does this form restrict me to reside in the USA while I file to become a permanent resident or can I reside in my country of origin during the process?I haven't applied for the I-485 nor the I-824 yet and I definitely don’t have the I-131. I am outside the USA and have been for more than a year. I did not know I was approved for the I-130 when I went to my country of origin.
File the I-824 to get the approved I-130 moved to NVC, and then on to the US Consulate in your home country, you will then interview for an IR visa, you will need your parent who filed the I-130 in the first place to provide an I-864 to show support. The IR-Visa results in a Green-card issued upon entry to the USA.
Do you have any idea how long this process can take? I want to get a realistic idea of time so I can organize my life around this.
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To answer part of your question, leaving the country while I-485 is being processed without AP (I-131) approved, and the AP document in hand is considered to be abandonment of the I-485 filing.From what I understand I have to fill out an I-485 and possibly a supplement form A to the I-485 to become a permanent resident. Does this form restrict me to reside in the USA while I file to become a permanent resident or can I reside in my country of origin during the process?I haven't applied for the I-485 nor the I-824 yet and I definitely don’t have the I-131. I am outside the USA and have been for more than a year. I did not know I was approved for the I-130 when I went to my country of origin.
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Because of my specific and complicated situation I chose to start the in this section of the forum.
Does it matter if I applied for permanent residence by a permanent resident farther or a naturalized citizen father. Or does the case get updated to what the sponsor’s current status is when applying for a new form?
For example, I was approved for an I-130 before the year 2000 and I am barely finding out right now that it was approved and I want to continue by filing an I-485 which will upgrade my status to permanent resident; the problem is that it has been almost 10 years since the approval notice was sent which I never received because my parents moved us around a lot and our approval notice was sent back to USCIS. I checked online and my case is “Current Status: Approval notice sent (Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN)” Should I file for a change of address first before filing anything else? Or should I just enter the new address in the following forms that I will be sending?
I took the initiative to inform myself and take over the process which has been left behind.
From what I understand I have to fill out an I-485 and possibly a supplement form A to the I-485 to become a permanent resident. Does this form restrict me to reside in the USA while I file to become a permanent resident or can I reside in my country of origin during the process?
What other forms need to be filled out and what would the total cost be to get an idea? Do the medical, geographical, financial, etc. forms have to be filed and accompanied with the I-485 or should they be processed separately? (I just want to get started)
Also, USCIS gave my parents an I-824 form “Application for Action on an Approved Application or Petition.” Do I need to file for this form (does it have special information which I need to receive) or is my online case status sufficient to process my I-485?
I am limited to information from the web for the time being and I want to gather as much accurate information before I call USCIS to continue my process so that no more mistakes are made due to ignorance, negligence and dependence.
If I have always processed my case while residing in the USA and I process the following forms out of the USA does my case change or will it get delayed because I left the USA or have been out of the USA for over a year?
This is the first part of my questions. I understand that the information could vary but any information is appreciated. Thanks in advance.
How is Divorce categorized?
in Effects of Major Family Changes on Immigration Benefits
Posted
I was filed for my I-130 by my father when he was an LPR at the age of 13, and now I'm 23 (he became a USC in 2000-2001 I don't have confirmation on that yet I thought it was 1998 but I was wrong). Since I married when I turned 18 in 2002, diadromous mermaid states that my I-130 becomes INVALID. Therefore, I am completely screwed. I am investigating the process of divorce now. I don't know what to do; it's amazing how ignorance can harm your life.
Another thing worth mentioning, diadromous mermaid, that on the USCIS online case status account shows Last Updated: 07/05/2002 I-130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN for myself, my mother and brother with the same dates.
Kez,
I posted this thread ( http://www.visajourney.com/forums/index.ph...p;#entry1283463 ) describing my situation stating that I got married after my father filed for my I-130.