hello,
My wife has been in the states for 4 years now, she graduated and was on an OPT. One year ago she got married and then terminated the marriage within few month because they both realized that they weren't in love, and their marriage wasn't going well. At that time her husband applied for her the I 130 form, and before it was approved he sent a petition for withdrawal to USCIS. The USCIS did withdrawal the application, on the other hand, my wife never filed for AOS and continued to stay on her current status F1 post completion OPT. During this time we started to talk and chat, visit each other very often and on April 2017 we decided to move together and get married. We married in May and after few months sent the AOS package to USCIS while she was still under F1 visa. She had her fingerprints done about a month ago, and now we are waiting for her to get her EAD card. My concern is, is her prior marriage, despite the fact that she never applied for AOS and maintained her legal status, may affect the interview or decision somehow. Has anyone ever been through this situation before? Our attorney says it doesn't seem to create any problem, however, we find ourselves worried at this time of the process.
Thank, you
My wife has been in the states for 4 years now, she graduated and was on an OPT. One year ago she got married and then terminated the marriage within few month because they both realized that they weren't in love, and their marriage wasn't going well. At that time her husband applied for her the I 130 form, and before it was approved he sent a petition for withdrawal to USCIS. The USCIS did withdrawal the application, on the other hand, my wife never filed for AOS and continued to stay on her current status F1 post completion OPT. During this time we started to talk and chat, visit each other very often and on April 2017 we decided to move together and get married. We married in May and after few months sent the AOS package to USCIS while she was still under F1 visa. She had her fingerprints done about a month ago, and now we are waiting for her to get her EAD card. My concern is, is her prior marriage, despite the fact that she never applied for AOS and maintained her legal status, may affect the interview or decision somehow. Has anyone ever been through this situation before? Our attorney says it doesn't seem to create any problem, however, we find ourselves worried at this time of the process.
Thank, you
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