Help!! I have a question and I REALLY need some advice...

[DMikeS4321]

We are finally submitting our paperwork for Lao Po's visa (via Roger Lin) and we have come across some questions. I'm hoping someone can help with this.

 

The reason it has taken so long to get started (Lao Po and I were married in June of 2006) is that I couldn't find any divorce records from my first marriage. I didn't even remember what county it was in. There were no computers in those days and I thought the divorce was in Los Angeles County. I didn't remember the date; in fact, I couldn't even remember the year. After a lot of searching, I determined that the divorce took place sometime in 1979, but we still couldn't find the county of record. Searched and searched until we finally determined it was Orange County, but... they couldn't find anything. I was just about to give up and pretend the marriage never happened when I got a break and found some old papers that steered us to late 1979. Seems we filed for divorce in 1978 but, for some reason, the final notice of dissolution wasn't recorded until December 31, 1979 (New Years Eve), and it was misfiled at that!

 

Sorry for all the background, but I thought it might be relevant.

 

So, I have the papers now, but it was hard. Here is my problem:

 

Line 11 on the I-129F and Line D-2 on the I-130 ask if I have ever filed for this or any other alien fiance or family member before. My former wife was indeed from the Philippines. We met and married there in 1973. Roger initially misunderstood and checked the "NO" box, but I told him this when I was "proofing" the documents. He changed the answer to "YES", but that triggers a question about place and date of filing and Alien Registration Number. Roger says it's safe to assume that she is a citizen and put "unknown" on the form where it asks questions about her status. He "corrected" I-129F, but I don't really know if this is good. There is virtually NO chance that I can find my ex-wife. She would contact my mom every year for Christmas up until about 10 to 12 years ago, then she just dropped from sight. I didn't owe any spousal support in the divorce and we had no children. It has been a real chore just finding the divorce papers.

 

My questions are:

 

1. Is it safe to assume she is a citizen and proceed accordingly?

 

2. I'm certain that being caught in a mis-statement would be the kiss of death for our immigration case. Does everyone agree?

 

3. I don't even know if the she is still alive (she was older than I by about 10 years) and I don't know how to find out, short of spending thousands of dollars (that I don't have right now) hiring a private investigator with no guarantee of any kind of success. I don't know if my ex went back to the Philippines. I don't know if she went back to her maiden name, which, it turns out, was probably different from what we all assumed it was to start with. I have no idea what her Alien Registration Number is/was, I have no idea what kind of immigrant she was. I know she had a SSN, as she always had a job. I certainly don't know if she ever became a citizen... I'm stuck.

 

It was hard enough finding the mis-filed divorce papers; this has all the markings of an endless quest for information that may be beyond our reach.

 

Any help with answers to my questions will be greatly appreciated.

 

Thanks in advance...

 

Best Regards

 

P.S. As an aside, I was able to get my first wife over here from the Philippines on a spousal visa, with NO legal help or advice of any kind, in less than 4 months. Her 10 year old son from a previous marriage followed about a year later. WTF has changed?? I'm really curious about that one.

Edited July 10, 2007 by DMikeS4321 (see edit history)

[DMikeS4321]

My questions are:

 

1. Is it safe to assume she is a citizen and proceed accordingly?

 

It's never safe to assume. Unknown would be appropriate.

 

2. I'm certain that being caught in a mis-statement would be the kiss of death for our immigration case. Does everyone agree?

 

YES

 

3. I don't even know if the she is still alive (she was older than I by about 10 years) and I don't know how to find out, short of spending thousands of dollars (that I don't have right now) hiring a private investigator with no guarantee of any kind of success.

 

That's why "unknown" is a good answer

 

P.S. As an aside, I was able to get my first wife over here from the Philippines on a spousal visa, with NO legal help or advice of any kind, in less than 4 months. Her 10 year old son from a previous marriage followed about a year later. WTF has changed?? I'm really curious about that one.

My answers are imbedded. To your final comment, EVERYTHING changed and continues morphing to this day.

 

 

Thanks for the help, Don. I appreciate it. I don't want to screw up right out of the gate.

 

Best Regards

[Rickmt57]

I wish I could help but your questions are indeed for someone that know a lot more about the laws then I. I might suggest an attorney just for advice maybe not the whole filling. As you stated yourself a big mistake could be very costly.

[C4Racer]

My questions are:

 

1. Is it safe to assume she is a citizen and proceed accordingly?

 

2. I'm certain that being caught in a mis-statement would be the kiss of death for our immigration case. Does everyone agree?

 

3. I don't even know if the she is still alive (she was older than I by about 10 years) and I don't know how to find out, short of spending thousands of dollars (that I don't have right now) hiring a private investigator with no guarantee of any kind of success. I don't know if my ex went back to the Philippines. I don't know if she went back to her maiden name, which, it turns out, was probably different from what we all assumed it was to start with. I have no idea what her Alien Registration Number is/was, I have no idea what kind of immigrant she was. I know she had a SSN, as she always had a job. I certainly don't know if she ever became a citizen... I'm stuck.

 

P.S. As an aside, I was able to get my first wife over here from the Philippines on a spousal visa, with NO legal help or advice of any kind, in less than 4 months. Her 10 year old son from a previous marriage followed about a year later. WTF has changed?? I'm really curious about that one.

 

Not much change at all. I have a friend who just did K1 visa through Phillipines. Delayed because of the new procedures after 9-11, but still only took them start to finish 6 months. Another friend did K3, same amount of time. These times were entire process through NSC, NVC and the US embassy in the Phillipines.

China has always been slower. It's hard to compare processed between countries as times drastically vary.

 

YES, YES, YES, YES, YES on number 2. Never ever tell a lie or make a mistatement knowingly. It is better to disclose as much as you know and then say unknown on the parts you just don't know. Get caught in a lie, no matter how slight and you are screwed.

[DMikeS4321]

YES, YES, YES, YES, YES on number 2. Never ever tell a lie or make a mistatement knowingly. It is better to disclose as much as you know and then say unknown on the parts you just don't know. Get caught in a lie, no matter how slight and you are screwed.

 

Hey, thanks. I already knew this, but I guess I was just fantasizing about an easy solution to what has been a nerve-wracking problem. Guess I shouldn't complain, we've only just started...

[SinoTexas]

My ex is from Scotland. On the part you are talking about on the I-129 F, I said yes, listed the date of the application, added yes for approval. There wasn't a question asking for an Alien Registration number on the form I filled out. You must have a newer/different form. I would not have know the Alien Registration number...too many years ago.

 

As aye,

 

Jim

[chilton747]

Mike the divorce was in 1979. That was 28 years ago. Tell them the truth with what you know. I doubt that a divorce of 28 years ago will raise any questions.

[SinoTexas]

If that is your only marriage and divorce to a foreign national and you are filling in the answer with several "unknown's" you are probably going to be ok. If you have multiple marriages and divorces to foreign nationals and you write in unknown for these as well, your application may be a little more scrutinized.

 

As aye,

 

Jim

[IllinoisDave]

Maybe you could add an addendum on a separate page including the explanation you just gave here? Get it all out in the initial filing.

[Randy W]

Maybe you could add an addendum on a separate page including the explanation you just gave here? Get it all out in the initial filing.

Dangerous - "Yes" and "Unknown" answer the question very directly and fit in the blanks.

[jim_julian]

Maybe you could add an addendum on a separate page including the explanation you just gave here? Get it all out in the initial filing.

Dangerous - "Yes" and "Unknown" answer the question very directly and fit in the blanks.

 

Hmmm ... always a tough call but I would be tempted to add a sheet referring to the "Unknown" and simply state: "Divorce was final in December 1979. I have not personally had any contact with my ex-wife since XXXXX and have no knowledge of her current status or whereabouts."

 

Do you have the ex's SSAN? That might be something to have in your hip pocket as the USG would likely have records of her by the SSAN.

[IllinoisDave]

Maybe you could add an addendum on a separate page including the explanation you just gave here? Get it all out in the initial filing.

Dangerous - "Yes" and "Unknown" answer the question very directly and fit in the blanks.

 

Hmmm ... always a tough call but I would be tempted to add a sheet referring to the "Unknown" and simply state: "Divorce was final in December 1979. I have not personally had any contact with my ex-wife since XXXXX and have no knowledge of her current status or whereabouts."

 

Do you have the ex's SSAN? That might be something to have in your hip pocket as the USG would likely have records of her by the SSAN.

 

My thinking was given the number of blue slips handed out of late asking for more info on exes, letting them know right off the bat how little contact you've actually had with her for such a long time may head off problems later.

 

But I can also see the argument for not adding any more than asked for.

 

Jim's right. Tough call.

[Randy W]

Maybe you could add an addendum on a separate page including the explanation you just gave here? Get it all out in the initial filing.

Dangerous - "Yes" and "Unknown" answer the question very directly and fit in the blanks.

 

Hmmm ... always a tough call but I would be tempted to add a sheet referring to the "Unknown" and simply state: "Divorce was final in December 1979. I have not personally had any contact with my ex-wife since XXXXX and have no knowledge of her current status or whereabouts."

 

Do you have the ex's SSAN? That might be something to have in your hip pocket as the USG would likely have records of her by the SSAN.

My thinking was given the number of blue slips handed out of late asking for more info on exes, letting them know right off the bat how little contact you've actually had with her for such a long time may head off problems later.

 

But I can also see the argument for not adding any more than asked for.

 

Jim's right. Tough call.

My thinking is that a long-gone relationship does not affect the current one, unless specifically brought up by the VO. You want to paint a pretty picture of the current relationship. Jim's statement is a simple statement of facts regarding the blanks to be filled in, and would be unlikely to raise any additional questions.

Edited July 10, 2007 by Randy W (see edit history)

[I love Sunshine]

He changed the answer to "YES", but that triggers a question about place and date of filing and Alien Registration Number. Roger says it's safe to assume that she is a citizen and put "unknown" on the form where it asks questions about her status.

 

I had a similar situation when I filed. I divorced recently, and even though my ex came here on a K-1 visa many years ago and had paperwork on her A number, she refused to give it to me, despite being ordered to do so by the judge.

 

What I did follows what Jim suggests. I called the USCIS before I filed my initial K-1 application and they suggested I put 'unknown'. I also put 'see attached' and attached a short letter with my I-129F. In that letter, I put all the information I did know about her, a copy of the marriage certificate and divorce decree, her social security number, and approximate date of filing, and the approval came relatively quickly.

 

I agree with those that say honesty is the best policy from the beginning. You would hate to saddle your poor SO with having to face an interview and potentially have to explain situations such as this -- she will be nervous enough as it is.

Edited July 10, 2007 by I love Sunshine (see edit history)

[IllinoisDave]

As I read some of the posts, I'm afraid that my comments may have been mis-interpreted. I was suggesting the OP include in an addendum the explanation about why he doesn't have any info about his ex from so long ago.

I just wanted to make sure it was clear that I wasn't suggesting he include any info he wasn't sure was true.

 

If no one interpreted my comments that way then never mind.