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RFE for Prior Divorce (EB Based AOS)

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  • RFE for Prior Divorce (EB Based AOS)

    Hello All
    On November 18th 2019 I had my EB AoS Interview, the very next day I got an RFE saying that in my non-immigrant visa application (I129) I had stated that I was divorced but no divorce decree was provided at the time of filing 485 or at the interview proving that my last marriage ended. My last marriage ended in 2013 and I applied for I-129 in 2015, I got married again in 2017 and applied for 485 AoS in June 2019. I have mailed them my divorce decree today which has a court seal on it and clearly states the end date of the marriage. My question is, is this going to have an impact on my case ? Since this is Employment Based GC and my old marriage has no impact on this case I am guessing it should not, but I am a bit worried, any thoughts ?

    Thanks
    SyUzeit

  • #2
    What category are you? EB2?

    This will have no impact on your court. Only the spouse/dependent could be affected if they determine you are/were not properly divorced. The primary applicant should have no impact.

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    • #3
      Hi Bondsandloan, I am EB3 category, that makes me feel better, my spouse is well aware of my prior marriage and in this case I am the primary applicant & she has a derivative status.
      Thanks
      Sameer

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