I am a US citizen and I want to apply for immigration petition for my spouse , we are living overseas , in the I-130 application , question number 11 in section B asks to list previous marriages , I was previously married without consummation and ended my previous marriage legally in the country where it happened ( not the US ) then after 2 years got married to my current spouse for the last 2 years and we have one baby born in the US
You will need to disclose it and include a copy of the divorce judgment -- from what you've described, it shouldn't affect the processing time.
Q.: "Is being previously divorced affect the processing time for my application ??"
Answer: Will not affect at all, as long as disclose and produce a legible copy of the final divorce decree.
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You need to supply the government with a certified copy of your divorce decree. It should not affect the processing time.
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
Having a divorce doesn't affect processing times. Provide the divorce decree. Contact a US immigration attorney for assistance.
Based on the information you have provided, your previous divorce will not affect the processing time for your I-130 Immigrant Petition for Alien Relative, that you will be filing on behalf of your current spouse. It will also not affect the eligibility of your I-130 Immigrant Petition for approval by the USCIS.
Please be sure to obtain duplicate court-certified copies of your divorce decree from the court which granted your divorce. Include one certified copy with your I-130 Immigrant Petition. The second certified copy will be required during the second phase of your spouse's immigration processing, after your I-130 Immigrant Petition will have been approved. This second phase is known as "Consular Processing."
If your divorce decree is in a foreign language, you will also need to provide a Certified English translation of it to the USCIS and, in the second phase of your spouse's immigrant processing, provide a Certified English trnaslation of it to the U.S. Embassy or Consulate where your spouse will be applying for an immigrant visa (unless the divorce decree is in the same language as the native language where the U.S. Embassy / Consulate is located, in which case it will be presumed that the U.S. Consular Officer will have a working knowledge of the native language of the country where the U.S. Embassy / Consulate is located. However, even then, in terms of our own firm's practice, we prefer to obtain a Cetified English translation of this type of document, as a courtesy to the Consular Officer who, while he or she might have developed a working knowledge of the native language of the host country, may not have highly proficient level of fluency in that language.
Please schedule a consultation with an immigration lawyer for additional information and assistance.
This information does not establish an attorney-client relationship or any responsibility or liability on the part of the attorney for actions taken by the recipient arising from having read this information. The recipient of the information is advised to contact an experienced attorney for a formal consultation regarding this matter.
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