CR, divorce and remarry same spouse Question
Dec 7th 2007, 5:56 pm
#1
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Joined: Sep 2002
Posts: 16,266
CR, divorce and remarry same spouse Question
Hi:
This is fact situation posed on an immigration LAWYER chat board. I've edited somewhat --
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CR issued July 2006 for marriage based case. The couple has a child from the relationship, but separated in February 2007, divorce final October 2007. Now, in December 2007 they get married, again. There is an 8 month separation, but a child and other documentary proof of the bona fides until February 2007.
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It was agreed among the lawyers what should be done, but there was also a feeling that CIS would be mightily confused.
This is fact situation posed on an immigration LAWYER chat board. I've edited somewhat --
--------------
CR issued July 2006 for marriage based case. The couple has a child from the relationship, but separated in February 2007, divorce final October 2007. Now, in December 2007 they get married, again. There is an 8 month separation, but a child and other documentary proof of the bona fides until February 2007.
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It was agreed among the lawyers what should be done, but there was also a feeling that CIS would be mightily confused.
Dec 7th 2007, 6:36 pm
#2
Joined: Apr 2002
Posts: 35,082
Re: CR, divorce and remarry same spouse Question
So much editing that it's not clear.. is there a question in there? 
Are they filing I-751 based on the original CR date?
Are they filing I-751 based on the original CR date?
Dec 7th 2007, 7:12 pm
#3
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Posts: 871
Re: CR, divorce and remarry same spouse Question
Here's my guess...
- File I-751 now with waiver of joint filing requirement (since divorce from marriage #1 is final s/he should not have to wait until ~Apr 2008)
- File with all the bona fides up until Feb 2007...
- Along with a statement from the spouse that they are now married again, and that both marriages were entered into in good faith, so much so that they are giving it another shot in this second time around. Include the second marriage certificate.
- File I-751 now with waiver of joint filing requirement (since divorce from marriage #1 is final s/he should not have to wait until ~Apr 2008)
- File with all the bona fides up until Feb 2007...
- Along with a statement from the spouse that they are now married again, and that both marriages were entered into in good faith, so much so that they are giving it another shot in this second time around. Include the second marriage certificate.
