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 My work permit had been revoked as well and that I had 30 days to leave the country.On�02/11/2013�an Appeal to the Board of Immigration was sent (case# a204161290).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?

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

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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?

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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?

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If I assist the interview

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5)������What should I be careful with?

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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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