Legal Question in Immigration Law in Florida

On 10/10/2011 I have officially been divorced from my Exwife Angelika Hernandez in Freiburg, GermanyOn 08/03/2012 I got married to Brieane Bonacich who is US Citizen. After receiving my Temporary License (M435621854200) & Temporary Work Permit and Advance Parole Card (MSC1291007694) I started working on11/07/2012.On 11/28/2012 I assisted to my marriage interview in Oakland Park where I was made to sign a Affidavit stating where my Ex-Wife and I was living at the time of the divorce. I stated that I was In Barcelona, Spain and she was in Zurich, Switzerland.  (Florida Law requires one of the divorcees to be domiciled in the city where the divorce was made in order to consider it legal) I had unwarily stated the incorrect city as my ex-wife in fact was domiciled in Freiburg, Germany where my divorce was issued but was transitioning to Zurich for work purposes.  Also Freiburg and Zurich are neighboring cities). The Immigration officer had told me she would be sending me a document with requirements on how to prove the validity of the divorce (which she never did)On 01/11/2013 I received a letter from the Oakland Park Immigration office telling me my marriage case was denied. My work permit had been revoked as well and that I had 30 days to leave the country.On 02/11/2013 an Appeal to the Board of Immigration was sent (case# a204161290). A I-290B was made under the basis that the Officer did not give a chance to proof the validity of the divorce (as she had originally said she would). Also we sent communications between I and the German Embassy in Miami as well as the US Embassy in Germany stating what was needed to prove the legality of a divorce in Germany where the documents needed were the Divorce Decree, “Meldebestatigung” (German Domicile Certificate) as well as an Affidavit from my Ex-wife stating she was in fact domiciled in Freiburg during the divorce and other proof of Residence (mostly service bills with my Ex-wife’s name on it during the time of our divorce). All the mentioned documents were certified with the Apostil of The Hague, translated and sent to Immigration for the Appeal.On 04/22/2013 Due to the complications with my Marriage case I proceeded to find a plan B in case my motion to reconsider was denied so I applied for an H1B visa with my employer.

10/16/2013 my H1B (EAC-13-142-50282) petition was approved along with a change of status which gave me status from 10/16/2013 – 09/30/2015.

On 10/17/2013 the marriage case was reopened for both the I-485 (MSC1291007691) and I-130 (MSC1291007692)On 11/05/2013 an interview which will be video-recorded was set for the marriage case.------------------------------------------------------------------------------------------------------------------------------------------What should I do if my priority is obtaining the 10 year permanent card the safest and quickest time possible?Should I cancel my interview and wait 9 more month till I have been married two years (as I have status till 09/30/2015 with my H1B) and then reapply to my marriage case to obtain a unconditional permanent residence?OrShould I continue with my marriage case, assist to the interview on 11/05/2013 knowing that my wife had to move to California for Family Issues (her mom past away) and I am stuck here in Fl with my employer as it is giving me my legal status in which case I would have to wait an additional two years assuming everything goes well in the interview?Questions1)      What would be the status of my marriage case if I cancel the interview so that I can wait 9 more months?

 

2)      Can I postpone the interview several times until it gets to the two years of marriage?

 

 

3)      What are the chances of having trouble with my marriage case history if I cancel the interview and apply in 9 month for my marriage case again?

 

4)      Can I apply at another state that does not have the international divorce law after the two years of marriage (08/03/2014)? Do I have to be a resident of that state?

 

 

If I assist the interview

 

5)      What should I be careful with?

 

6)      Should I bring a lawyer with me?


Asked on 10/31/13, 10:25 am

2 Answers from Attorneys

James Brown Brown Law Practice, PLLC

Your H-1B is a nonimmigrant visa, adjustment of status through marriage will give you an immigrant visa (assuming the adjustment application is approved) and a potential pathway to citizenship.

What you should do procedurally depends on many factors which are specific to your situation and outside of the scope of this forum.

I highly recommend you contact a local attorney if you have not done so already to discuss your situation.

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Answered on 10/31/13, 10:48 am
Marlene Hemmings Marlene Hemmings, Attorney at Law

I recommend that you attend the interview & not postpone it any longer, however, I would also recommend finding a local, experienced immigration attorney asap to represent you at the interview & also address the rest of your more specific questions.

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Answered on 11/04/13, 9:00 am


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