I-130 and 245(I)
Apr 29th 2001, 3:39 pm
#1
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Back in 1993, I was legally married to a US citizen for 3 years. Although a petition
for permanent residency (I-130) was filed on my behalf by my then wife, it was never
approved due to "lack of persecution" i.e. the marriage distintergrated and the
supporting documents (proof of wife US citzienship) requested by the INS were never
submitted.
Now 8 years later, I find myself here in the US on an expired H1 visa.
My question is that will section 245(i) help me if i should later decide to get
married to a US citizen. In other words, can I be grandfathered into section
245(I) due to the I-130 petition filed, but not approved, back in 1993.
for permanent residency (I-130) was filed on my behalf by my then wife, it was never
approved due to "lack of persecution" i.e. the marriage distintergrated and the
supporting documents (proof of wife US citzienship) requested by the INS were never
submitted.
Now 8 years later, I find myself here in the US on an expired H1 visa.
My question is that will section 245(i) help me if i should later decide to get
married to a US citizen. In other words, can I be grandfathered into section
245(I) due to the I-130 petition filed, but not approved, back in 1993.
