I married US citizen from 1996 and divorced in 2003. filed I-130 in 1997 but was denied for wife no show in 2004. i filed I-130 with my US citizen mother in 2003 and was approved in 2005. I waited for processing time for 7 years and finally went for interview in Sept 2, 2010. Im filing to adjust under 245i. the interviewer was very strict, she did not say anything about the paperwork for I-130 with my mother but requested evidence that my previous marriage, which is basis for 245i, was legit. I thought that all i had to have is an approved case before April 2001 to benefit from 245i. another interview is scheduled for Sept28. what evidence can i provide to satisfy her? PLEASE HELP
No you have to prove that the basis of that approval which in your case is a marriage to a USC is legit, if you are unable to prove that or have some what of a evidence than this un co- operative DAO may turn into your worst nightmare.
I suggest you should get a good attorney right away, that DAO if not satisfied may start the process to revoke the approval of that I-130, your basis of 245i, opening a pandora box for you, this might get serious, dont take this lightly. They are highly suspecting your marriage because of that no show.
Do you any contact with your ex?
I suggest you should get a good attorney right away, that DAO if not satisfied may start the process to revoke the approval of that I-130, your basis of 245i 245i relief is not based on the approval of a previous immigrant petition, merely its filing, provided it was not frivolous. The original I-130 was never approved Ill bet (they are typically only approved at the interview) but its the bona fides of the marriage that the examiner is questioning. Is there proof of shared residence, tax returns, etc?
parent/child I-130 eligibility under section 245i