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
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Form I-130 petition for previous spouse
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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 seekLast edited by inadmissible; 03-13-2017, 02:00 PM.
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Originally posted by inadmissible View PostIn 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
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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Originally posted by Grace654 View PostThanks 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
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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Originally posted by inadmissible View PostI 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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