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Immigration questions. Indiana. Nah i am a natural citizen…

Immigration questions Lawyer's Assistant:...

Immigration questions

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Indiana

Lawyer's Assistant: Has anything been filed or reported?

Nah i am a natural citizen of the united states i wanna for my wife who has 2kids for me

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Connect me so i can ask him questions

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Answered in 1 minute by:
3/8/2018
Nisha Jones
Category: Legal
Satisfied Customers: 3,427
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an Immigration attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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I've reviewed your question and I'm happy to help.

Are you wondering about the process for petitioning for your wife and children to receive their permanent residency?

How old are your children, are they still minors? Thanks!

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Customer reply replied 4 months ago
here is my question? mywife came into the u.s as a visitor and got married to a citizen before in Texas in 2014 but she didnt tellme or annul the marriage then she submitted her documents to the USCIS and since then she has been renewing her work authorization documents,she got married to me in 2015 while while she was still married to the previous guy in Texas.....now we married n has 2kids......but in 2017 we had to remarry again when i was filing for my N-400 naturalization....now im a natural citizen and want to file for her as mywife.....she already divorced the guy she married in 2014.......my question is when submitting my documents which MARRIAGE CERTIFICATE are we to use?the 2015 marriage or the 2017 certificate

Thanks for the additional information.

Can you please clarify, what year did the divorce take place?

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Customer reply replied 4 months ago
she divorce her first husband 2017 March before i submitted my N-400 which i got naturalized SEPTEMBER

Then you two were married in 2017 after the divorce was finalized, correct?

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Customer reply replied 4 months ago
my kids are fine they are U.S citizen and we have there DNA Results are and with me and YES we remarried in 2017 after divorced was finalized tho.we were married previously
Customer reply replied 4 months ago
we remarried APRIL after divorce was Finalized march.....

Thanks for clarifying.

In that case, the 2017 marriage is the date you'll need to use, and you'll also need to submit a copy of the 2017 marriage certificate with your petition.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

Nisha Jones
Category: Legal
Satisfied Customers: 3,427
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
Nisha Jones and 87 other Legal Specialists are ready to help you
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Customer reply replied 4 months ago
but using the 2017 marriage certificate she wont be able to have the 10years greencard since that particular marriage is not up to 2years and we have the other marriage certificate which is 3years.
and last question Can a criminal record of battery with bodily injury or public intoxication affect the petition or cause any delay in Approval of the petition?

That's correct, however she will be able to receive the conditional resident card, and then transfer that to a 10 year GC in 2 years.

If you try to use the earlier marriage certificate you can run into some serious problems now, or later, due to the fact that the marriage was invalid since she was not yet divorced at the time.

Was the battery filed as an aggravated felony due to the bodily injury? Were these crimes on your record? Or the benecficiary's?

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Customer reply replied 4 months ago
nope it wasnt filed as a Felony just went to jail to jail for couple of days n got bailed

Was this a case against you the petitioner, or your spouse the beneficiary?

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Customer reply replied 4 months ago
im the petitioner i have it on my record

Thanks for the clarifying. No this should not be a problem.

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Customer reply replied 4 months ago
thanks very much i appreciate your time

You're welcome, no problem! If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. I'd be happy to help. Best of luck to you, take care!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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