₦airaland Forum

Hello VO Good day to you,

My CEAC status for a while now has been in "Expiring Soon". We are in the process of resubmitting the petition. So do I need to withdrawal the petition at embassy or at USCIS? Or is it already expired and done. This case came to embassy in 2013.

Expiring Soon
Immigrant Visa Case Number: LGS2012XXXXXX 01 LGS
Case Creation Date: 16-Aug-2012
Status Updated Date: 11-Aug-2014

"Section 203(g) of the Immigration and Nationality Act requires that your registration be canceled and any petition approved on your behalf canceled, if you do not apply for your immigrant visa within one year of being advised to do so.

You were advised of this requirement over 1 year ago, but we have not received a response from you since then. As a result, your application for a visa has been canceled and any petition approved on your behalf has also been canceled.

Your application may be reinstated and any petition re-validated if, within one year, you can establish that your failure to pursue your immigrant visa application was due to circumstances beyond your control. Please provide a written statement to the Embassy or Consulate outlining the circumstances beyond your control and noting that you still wish to pursue this visa petition."

boofydon:
Thanks for this reply.

You are welcome. Mercies Journeys.

VisaOfficer:
I stand corrected. Still, it seems that in practice USCIS is giving conditional status to people who hold CR1s, even if they have passed their second anniversary. It is probably best to carry a copy of your marriage certificate with you when you travel if this is an issue that will affect you.

You are very sweet Ma'am. Thank you very much for all you do here. Do have a nice day. Take care.

VisaOfficer:
Your status will be conditional, because your visa was issued before your second anniversary.

This is incorrect. If you've been married for at least two years on the day you POE (enter the US) then you will receive an unconditional ten year green card. You should travel with a certified copy of your marriage certificate, and remind CBP of this fact when they process you at Secondary.

http://travel.state....elative.html#12


"If you have been married for less than two years when your foreign citizen spouse enters the United States on an immigrant visa, his or her permanent resident status is considered “conditional.”"

http://www.uscis.gov...-based-marriage

"Your permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence."

veecee29:
Hi VO,
We did our traditional marriage on the 29th of March 2014 and we have a traditional marriage certificate to prove it.
We also did our registry marriage on the 29th of November 2014 which we also have a marriage certificate.
Using the traditional marriage date will qualify us for a IR1 visa while that of registry will qualify us for an CR1 visa.And we don't want a conditional visa after all these wait.
My question is: Can we use our traditional marriage date and certificate to petition for I-130?Will the USCIS recognize the certificate?
Thanks in anticipation of ur response.

Just to clarify you qualify only for a CR1 that's a "Conditional Resident" Green Card you would get, because you have been married under 2 years. IR1 will be given to couples who have been married over 2 years. Now if at the time you arrive to the US and its past your 2 year anniversary you would get your 10 year (IR1) green card). Hope that helps clear up the difference.

VisaOfficer:
They should contact USCIS and request that their case be transferred to Lagos.

Why would they contact USCIS after an approval when the approved petition must first go to NVC for further processing. Thn and only then it is sent to the embassy. Or did some new process start without us knowing it?

VisaOfficer: Good news! I asked our legal advisor in the U.S. and it turns out there IS a loophole! "Posts often return such cases to USCIS -- who will just reaffirm them as long as the relationship is otherwise valid. However you do have the option to move forward with the case, and not return, where the relationship is legally and otherwise valid, despite the pit stop." In short, as usual, being honest will not hurt your case! (This is an unusual situation, so you may want to print out this post and have it with you to show the officer, just in case.)

So just go to interview with divorce papers and new marriage certificate. We also have the original marriage certificate from the first time?

Should we notify the embassy ahead of time. My wife plans on being at interview. I am sure they may have questions.

Thank you for your input.

If you are a husband and wife in the immigration process (IR-1 Visa)and you separated and divorced before NVC. However you got remarried by the time of interview would you have to start all over in the petitioning? Or with good explanation for divorce and reconciliation be good enough to consider?

Is that one of those be honest up front situations or would you be doomed to being denied and never being able to immigrate?