Need Help with Marriage status

[biolaser]

Hi My 140 has been approved, and my I485 is pending. I need help for preparing my wife's I485.

We were married outside US, and she entered US on F2 visa in 2004, and changed to F1 in 2005.

In 2006, we divorced. We remarried in US in 2010 ( has new certificate), and now have two children.


I would like to use the new marriage certificate, which will not require translation and certificate. Is this enough? will USCIS RFE for her entry as F2?

Does she need to report me as previous spouse?

it sounds awkward. (I did not report the divorce in my I485 since previous and current spouse are the same person, I am not sure whether it is a problem).

Thanks for your help.

[rayb]

If your wife is sponsoring and Adjusting your status, is she a U.S. citizen yet?

--Ray B

Hi My 140 has been approved, and my I485 is pending. I need help for preparing my wife's I485.

We were married outside US, and she entered US on F2 visa in 2004, and changed to F1 in 2005.

In 2006, we divorced. We remarried in US in 2010 ( has new certificate), and now have two children.


I would like to use the new marriage certificate, which will not require translation and certificate. Is this enough? will USCIS RFE for her entry as F2?

Does she need to report me as previous spouse?

it sounds awkward. (I did not report the divorce in my I485 since previous and current spouse are the same person, I am not sure whether it is a problem).

Thanks for your help.

[biolaser]

No. She is filing I485 now, the questions is about this filing.
Thanks,

If your wife is sponsoring and Adjusting your status, is she a U.S. citizen yet?

--Ray B

[rayb]

I'm sorry, but I don't understand your wife's status. You do not have a Green Card. Your wife is just adjusting her status, but she has been in the U.S. for several years. Your wife is now applying to adjust her status, but with what basis?

I just don't have a clear picture of your wife's status and what you/she is trying to do.

--Ray B

No. She is filing I485 now, the questions is about this filing.
Thanks,

[biolaser]

Thank you Ray. My wife can file I485 now because my EB1 petition (I140) is approved, she can adjusts her status as a derivative beneficiary.

I'm sorry, but I don't understand your wife's status. You do not have a Green Card. Your wife is just adjusting her status, but she has been in the U.S. for several years. Your wife is now applying to adjust her status, but with what basis?

I just don't have a clear picture of your wife's status and what you/she is trying to do.

--Ray B

[rayb]

That clears it up a little. I would advise being very careful about putting anything about her earlier marriage on paper.

But still a little gray to me is her status upon entry to the U.S. Has she been here already for several years, and with what visa type?

--Ray B

Thank you Ray. My wife can file I485 now because my EB1 petition (I140) is approved, she can adjusts her status as a derivative beneficiary.