Filing an I-130 When There Was a Prior Filing

[mrstobe]

The last question on the I-130 asks if you've ever filed an I-130 before, the date it was filed, and if it was approved or not. How do I go about filling out this section when I do not know the answers?

A month after turning 18 I was legally married. My ex's parents coerced us into getting married so their son could gain citizenship, I realized that later. They had a lawyer do all the paperwork and I just, like a robot, signed each document. I went to one interview and just answered the questions like their lawyer told me to. I never personally handled the paperwork, I do not know when it was filed, I do not know if it was approved. I was very naive at the time. We divorced legally after 6 years of marriage but were separated about a year after the event. He left the country soon after we separated and had to get a divorce based on "abandonment" since we couldn't find him. I'm guessing this means he never got citizenship, but am unsure.

Now that I'm ready to get married for real, I am at a loss of how to handle this. How do I go about finding out if his I-130 was ever approved and when it was filed?

Will this past cause issues for my fiance and I? We both consider this marriage my first, but of course legally I messed up by being a naive teenager believing adults and playing grown up. I am now 26, and have been legally divorced for a year and a half. My fiance and I have been together 3 years and have been living in his country of origin together for the past 2 years. We plan on filing the end of this year after our marriage and hope to be able to go back to the U.S in the autumn of 2015 so he can start his masters program and I can begin my real career.

[Disagreeable]

As you noted, you married the first time so he could become a citizen. That will be a serious bar too your second attempt.

[llworking]

As you noted, you married the first time so he could become a citizen. That will be a serious bar too your second attempt.

She didn't know that at the time. She only realized that later. Unless immigration specifically defines her previous marriage as a sham, it was not a sham from any legal standpoint.

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The last question on the I-130 asks if you've ever filed an I-130 before, the date it was filed, and if it was approved or not. How do I go about filling out this section when I do not know the answers?

A month after turning 18 I was legally married. My ex's parents coerced us into getting married so their son could gain citizenship, I realized that later. They had a lawyer do all the paperwork and I just, like a robot, signed each document. I went to one interview and just answered the questions like their lawyer told me to. I never personally handled the paperwork, I do not know when it was filed, I do not know if it was approved. I was very naive at the time. We divorced legally after 6 years of marriage but were separated about a year after the event. He left the country soon after we separated and had to get a divorce based on "abandonment" since we couldn't find him. I'm guessing this means he never got citizenship, but am unsure.

Now that I'm ready to get married for real, I am at a loss of how to handle this. How do I go about finding out if his I-130 was ever approved and when it was filed?

Will this past cause issues for my fiance and I? We both consider this marriage my first, but of course legally I messed up by being a naive teenager believing adults and playing grown up. I am now 26, and have been legally divorced for a year and a half. My fiance and I have been together 3 years and have been living in his country of origin together for the past 2 years. We plan on filing the end of this year after our marriage and hope to be able to go back to the U.S in the autumn of 2015 so he can start his masters program and I can begin my real career.

I would attach a letter explaining everything that you explained here, but without stating that you now realize that your previous marriage was a sham. Simply explain that you married at 18, your in-laws handled all of the paperwork, that it was filed sometime in XX month of XX year. Explain that you separated about a year after you married and you believe that he left the country. Give them his name and whatever other information you have available to provide.

[mrstobe]

[QUOTE=llworking;826050I would attach a letter explaining everything that you explained here, but without stating that you now realize that your previous marriage was a sham. Simply explain that you married at 18, your in-laws handled all of the paperwork, that it was filed sometime in XX month of XX year. Explain that you separated about a year after you married and you believe that he left the country. Give them his name and whatever other information you have available to provide.[/QUOTE]

Thank you very much. I know the month we married of course and so I am going to guess that's when they filed. Is the issue with finding out officially that it's not easy to obtain this information or that it is complicated due to my being abroad?

To the person saying I was in a sham marriage. To myself, it was real at the time. I loved him as much as an immature 18 year old can love somebody, anyway. I believe it was real to my ex as well. It was his parents who had, now obvious, ulterior motives. We had talked about marriage before but of course I just didn't expect to marry at 18.

[Disagreeable]

Oh I'm sure it was just as real as this one will be. That does not mean it will not create a red flag at immigration.

[mrstobe]

Grain of salt taken. I just dislike people who are rude and judgmental for no reason. I was under the false assumption that this website was for seeking advice from actual lawyers.

[budwad]

So according to your logic anyone who happens to fall in love with a non US citizen twice is screwed or a con artist? Anyone who's been taken advantage of is in the wrong, right? Rape victims are at fault for wearing a skirt too short, right? It happens to be quite easy to fall in love with someone from another country, especially when you're the foreigner in the country you're living.

As I said, I was young at the time of my first marriage and things didn't work out, something that happens with about 90% of marriages entered into at age 18. One word, "judgmental". It's something no one should strive to be.

You need to calm down. You need to take everything you get on a forum with a grain of slat. It is not legal advise but opinions on your best options based on the experience and knowledge of the volunteers that contribute to the forum. Your little rant about rape and love and falling in love with foreigners just shows your frustration.

You have been given some good advise as to what to do about answering and filing your I-130. Follow it or find an attorney.

You edited your post and now the cart is before the horse. It's not legal advise because nobody here is your attorney. That doesn't mean that the advise doesn't come from attorneys or people involved in the legal profession.

[Disagreeable]

I am just realistic, having been married for about 20 years, I waited and married a person I expect to spend the rest of my life with. That does not mean all is lost if it happens. You should be able to file a motion to reopen or a motion for reconsideration. If it comes to that, I recommend obtaining the services of an immigration lawyer. I suggest you research them in advance so you have one selected, as your motion will need to be timely.

Grain of salt taken. I just dislike people who are rude and judgmental for no reason. I was under the false assumption that this website was for seeking advice from actual lawyers.

[lyndag6183]

I have a pending immigrant visa application pending with USCIS, and it may seem I will not be able to submit all the documents within the deadline. I am currently here in the US, working as a registered nurse. I have a work permit which allows me to legally work here in the US. My boyfriend of 6 years who is a US citizen proposed we get married here in the US, so I can still stay here. My deadline is september 12. Should we wait for the USCIS response or just start the marriage process now?

[Disagreeable]

You could be denied if you marry as you mentioned it is marriage for citizenship. They may or may not allow a waiver if it is questioned. Before you do so, I suggest you consult an immigration lawyer.

I have a pending immigrant visa application pending with USCIS, and it may seem I will not be able to submit all the documents within the deadline. I am currently here in the US, working as a registered nurse. I have a work permit which allows me to legally work here in the US. My boyfriend of 6 years who is a US citizen proposed we get married here in the US, so I can still stay here. My deadline is september 12. Should we wait for the USCIS response or just start the marriage process now?