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we have to still wait

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Old Feb 20th 2004, 6:37 pm
  #1  
waiting for 4 years
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letysjim is just really niceletysjim is just really niceletysjim is just really niceletysjim is just really niceletysjim is just really niceletysjim is just really niceletysjim is just really niceletysjim is just really niceletysjim is just really nice
Default we have to still wait

I met Lety Arpil 5th , 2000 online and flew down to Mexico in July and asked her to marry me. she said yes .so I went back again the next year to get married and her divorce was not legal because her ex did not sign. so we only got married but not legal. then 2002 waiting the timeline of the divorce and finally issued in July the divorce final but still had to wait until the offical document was issued , according to The Mexican Embassy here in the USA , this was issused in feb 23 of 2003. but was told she had to wait until 1 year later to get married gain according to Mexican law . so I figured timelines and sent the 129 f to the NSC on June 20 and the first NOA June 23 and it was approved on Nov 24 of the same year, so after all this the interview was on feb 3 of this year . all was good and I thought the visa was going to be issused. the lady behind the window said I am sorry . her ex name is in the computer as wanted by the fbi . So she was fingerprinted and we have to wait 6-8 weeks to go back and the Visa will be issused . Unless they think of something else , but I still say the wait is almost over and it will be worth it .Thanks to all of you for your support . Once I was talking to a Lady at the BCIS and she said I would not marry you if i only saw you 2 times a year . I replied well you have a lot to do with this
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Old Feb 21st 2004, 5:25 pm
  #2  
Mtravelkay
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Default Re: we have to still wait

letysjim wrote:

    > I met Lety Arpil 5th , 2000 online and flew down to Mexico in July and
    > asked her to marry me. she said yes .so I went back again the next
    > year to get married and her divorce was not legal because her ex did
    > not sign. so we only got married but not legal. then 2002 waiting
    > the timeline of the divorce and finally issued in July the divorce
    > final but still had to wait until the offical document was issued ,
    > according to The Mexican Embassy here in the USA , this was issused in
    > feb 23 of 2003. but was told she had to wait until 1 year later to get
    > married gain according to Mexican law . so I figured timelines and
    > sent the 129 f to the NSC on June 20

That would be a problem. According to you, she can't marry until 1 year
after Feb 23, 2003. In order to file I-129F, both of you have to be
free to marry on the day of filing. Based on your info, she isn't
eligible to marry until Feb 23, 2004. This means the I-129F can't be
filed before Feb 23, 2004.
 
Old Feb 22nd 2004, 2:22 am
  #3  
waiting for 4 years
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Joined: Dec 2003
Posts: 116
letysjim is just really niceletysjim is just really niceletysjim is just really niceletysjim is just really niceletysjim is just really niceletysjim is just really niceletysjim is just really niceletysjim is just really niceletysjim is just really nice
Default Re: we have to still wait

yes but you are wrong we was approved on Nov 24th and waitibg for the fingerprints to clear


Originally posted by Mtravelkay
letysjim wrote:

    > I met Lety Arpil 5th , 2000 online and flew down to Mexico in July and
    > asked her to marry me. she said yes .so I went back again the next
    > year to get married and her divorce was not legal because her ex did
    > not sign. so we only got married but not legal. then 2002 waiting
    > the timeline of the divorce and finally issued in July the divorce
    > final but still had to wait until the offical document was issued ,
    > according to The Mexican Embassy here in the USA , this was issused in
    > feb 23 of 2003. but was told she had to wait until 1 year later to get
    > married gain according to Mexican law . so I figured timelines and
    > sent the 129 f to the NSC on June 20

That would be a problem. According to you, she can't marry until 1 year
after Feb 23, 2003. In order to file I-129F, both of you have to be
free to marry on the day of filing. Based on your info, she isn't
eligible to marry until Feb 23, 2004. This means the I-129F can't be
filed before Feb 23, 2004.
letysjim is offline  
Old Feb 22nd 2004, 7:20 am
  #4  
Mtravelkay
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Default Re: we have to still wait

letysjim wrote:

    > yes but you are wrong we was approved on Nov 24th and waitibg for the
    > fingerprints to clear

You haven't had the interview yet. I doubt USCIS knew, when they
approved this, that she was not eligible to marry.
And at any time during this process, if the information is discovered,
then there will be problems.
It is very clear... In order to file I-129F, you BOTH have to be
eligible to wed at the time of filing. You indicated that she was not
yet eligible to marry due to her divorce not being final for a year.

I would suggest you consult with an attorney. However if you want to
take chances, it is not up to be to stop you.
 
Old Feb 22nd 2004, 7:51 am
  #5  
waiting for 4 years
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Joined: Dec 2003
Posts: 116
letysjim is just really niceletysjim is just really niceletysjim is just really niceletysjim is just really niceletysjim is just really niceletysjim is just really niceletysjim is just really niceletysjim is just really niceletysjim is just really nice
Default Re: we have to still wait

again you are wrong
interview was on Feb 3rd and Visa was approved only because of a name check and we will go back after the year. the interviewer told us all was approved and if the fingerprints came back clean now we are waiting on the date of the clearnce of the prints 3-6 weeks left according to the time linei]Originally posted by Mtravelkay [/i]
letysjim wrote:

    > yes but you are wrong we was approved on Nov 24th and waitibg for the
    > fingerprints to clear

You haven't had the interview yet. I doubt USCIS knew, when they
approved this, that she was not eligible to marry.
And at any time during this process, if the information is discovered,
then there will be problems.
It is very clear... In order to file I-129F, you BOTH have to be
eligible to wed at the time of filing. You indicated that she was not
yet eligible to marry due to her divorce not being final for a year.

I would suggest you consult with an attorney. However if you want to
take chances, it is not up to be to stop you. [/QUOTE]
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Old Feb 22nd 2004, 8:12 am
  #6  
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Joined: Feb 2004
Posts: 32
immatchua is an unknown quantity at this point
Default Re: we have to still wait

I don't see why Mexican Law applies in the United States.

The statement "free to marry" should be construed to mean
"free to marry in the United States" otherwise any arbitrary foreign authority could decide she was not free to marry.
I am sure that is not what the BCIS meant.

Barring bad things happening with the fingerprints, my suggestion is that you should avoid dealings with the Mexican authorities unless absolutely necessary.

Originally posted by letysjim
I met Lety Arpil 5th , 2000 online and flew down to Mexico in July and asked her to marry me. she said yes .so I went back again the next year to get married and her divorce was not legal because her ex did not sign. so we only got married but not legal. then 2002 waiting the timeline of the divorce and finally issued in July the divorce final but still had to wait until the offical document was issued , according to The Mexican Embassy here in the USA , this was issused in feb 23 of 2003. but was told she had to wait until 1 year later to get married gain according to Mexican law . so I figured timelines and sent the 129 f to the NSC on June 20 and the first NOA June 23 and it was approved on Nov 24 of the same year, so after all this the interview was on feb 3 of this year . all was good and I thought the visa was going to be issused. the lady behind the window said I am sorry . her ex name is in the computer as wanted by the fbi . So she was fingerprinted and we have to wait 6-8 weeks to go back and the Visa will be issused . Unless they think of something else , but I still say the wait is almost over and it will be worth it .Thanks to all of you for your support . Once I was talking to a Lady at the BCIS and she said I would not marry you if i only saw you 2 times a year . I replied well you have a lot to do with this
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Old Feb 22nd 2004, 10:50 am
  #7  
Mtravelkay
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Default Re: we have to still wait

immatchua wrote:

    > I don't see why Mexican Law applies in the United States.
    >
    > The statement
    > "free to marry" should be construed to mean
    > "free to marry in the United
    > States" otherwise any arbitrary foreign authority could decide she was
    > not free to marry.
    > I am sure that is not what the BCIS meant.
    >

I was under the impression that Mexican law, which controled the
divorce, actually controled when the divorce was really final. Based on
what he was saying, it sounded like he was saying the divorce wasn't
really final until the one year period was up. If that is the case,
then he would have had to wait for the one year before he could file the
I-129F. I can't imagine the divorce law saying the divorce is FINAL,
but you have to wait a year to remarry.
 

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