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Form I-130 petition for previous spouse

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  • Form I-130 petition for previous spouse

    My Husband and I got married in January I'm on a visitors visa I came in march 2016 we are in the process of starting my green card application the issue is he had a foreign spouse ( outside the us) which he filed the form I -130 for (May 2016) and got a NOA but didn't go further cos they fell out my question is this going to affect my application if yes what can we do
    Last edited by Grace654; 03-13-2017, 12:02 PM.

  • #2
    In the United States, vague and omissive narratives will not endear you to immigration adjudicators

    Does your husband have a final divorce decree from his first spouse?

    If you are out-of-status, why aren't you applying simultaneously for adjustment-of-status?

    Because your husband was recently married to someone who sought immigration benefits on that basis, his current petition for you will receive additional scrutiny. However, if everything is on the up-and-up, you can expect to get the immigration benefits you seek
    Last edited by inadmissible; 03-13-2017, 02:00 PM.

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    • #3
      Originally posted by inadmissible View Post
      In the United States, vague and omissive narratives will not endear you to immigration adjudicators

      Does your husband have a final divorce decree from his second spouse?

      If you are out-of-status, why aren't you applying simultaneously for adjustment-of-status?

      Because your husband was recently married to someone who sought immigration benefits on that basis, his current petition for you will receive additional scrutiny. However, if everything is on the up-and-up, you can expect to get the immigration benefits you seek
      Thanks for replying me it was a family arranged (traditional) marriage back in Africa so there was no legal binding * does he still need a final divorce decree
      Yes I'm applying to adjust my status concurrently my concerns is should I go ahead or he withdraws the first petition before we start

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      • #4
        Originally posted by Grace654 View Post
        Thanks for replying me it was a family arranged (traditional) marriage back in Africa so there was no legal binding * does he still need a final divorce decree
        Yes I'm applying to adjust my status concurrently my concerns is should I go ahead or he withdraws the first petition before we start
        I don't see how he can have it both ways

        If his previous marriage valid where it occurred, he needs to dissolve that marriage some how

        If his previous marriage was not valid where it occurred, he should not have filed Form I-130 on that basis

        For the second I-130 he filed on your behalf, did he say he was married once, or twice?

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        • #5
          Originally posted by inadmissible View Post
          I don't see how he can have it both ways

          If his previous marriage valid where it occurred, he needs to dissolve that marriage some how

          If his previous marriage was not valid where it occurred, he should not have filed Form I-130 on that basis

          For the second I-130 he filed on your behalf, did he say he was married once, or twice?

          We resolved in getting a divorce decree from the country the marriage held so he can say he has previously been married on my petition

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