Divorced immigrant and re-married. PLEASE HELP

M

Morbid

Registered Users (C)
Hi there, I would like to keep this short so I don't confuse anyone.

I got married in Las Vegas to USC woman and filed petition papers back in 2005. During
that time, I then left to LA to find a better job and life for us while she stayed with her
sister in Las Vegas. During the GC interview, we were separated for a long time and we
were never notified whether or not it was granted or not. After that however, she
cheats on me by having a baby with her ex boyfriend and we remained separated since
06-07. I now found another woman to be with and got married recently last month.

I would just like to know:

How do I remove myself from my previous petition? Is it the I-130 or I-485?

Would I have to prove both marriages during my next interview for this new petition?

Thanks alot guys
 
Did you divorce the first wife before marrying the second?

You don't need to remove yourself from the old petition, you just need to find out if the first I-485 was approved, and if it wasn't approved file the papers for the new one.
 
Jackolantern said:
Did you divorce the first wife before marrying the second?

You don't need to remove yourself from the old petition, you just need to find out if the first I-485 was approved, and if it wasn't approved file the papers for the new one.
Click to expand...

Hi Jack,

Yes I did divorce first before re-marrying. How do I know if the first I-485 was
approved?

And if not, will filing a new I-485 with my current wife essentially void the first one?

Thanks
 
Morbid said:
Hi Jack,

Yes I did divorce first before re-marrying. How do I know if the first I-485 was
approved?

And if not, will filing a new I-485 with my current wife essentially void the first one?

Thanks
Click to expand...


You are going to be fried like beans and rice by USCIS. Your case is going to smell fraud, in your initial filing, you had stoke interview. You intend to remarry your current girlfriend and file for immigration immediately, are you kidding me? You should think thoroughly about your next steps, problems are in your future with USCIS.
 
Al Southner said:
You are going to be fried like beans and rice by USCIS. Your case is going to smell fraud, in your initial filing, you had stoke interview. You intend to remarry your current girlfriend and file for immigration immediately, are you kidding me? You should think thoroughly about your next steps, problems are in your future with USCIS.
Click to expand...

What options should I be thinking about? Reading your post leaves things to be desired. :P

I'm sure the situation itself will be difficult, which is why I'm open to any advice as possible.

Thanks
 
Morbid said:
Hi Jack,

Yes I did divorce first before re-marrying. How do I know if the first I-485 was
approved?
Click to expand...

If you have the I-485 receipt notice, check the status online. If you don't see the status, or if it doesn't show approved (sometimes they don't update the status when it's approved), take the I-485 receipt to an Infopass appointment.

Or you could just directly go ahead and apply for the new one, and they'll let you know if the old one was approved and is still valid. Even if it was approved, if you were married for less than 2 years at the time they would have issued a 2-year conditional card which would be expired by now and your status would have been canceled due to your failure to file I-751 to convert to a 10-year card.

So unless you were married for at least 2 years and they issued a 10-year card, you would need to start over and apply for a new card anyway. How long were you married when you attended the GC interview?
 
Jackolantern said:
If you have the I-485 receipt notice, check the status online. If you don't see the status, or if it doesn't show approved (sometimes they don't update the status when it's approved), take the I-485 receipt to an Infopass appointment.

Or you could just directly go ahead and apply for the new one, and they'll let you know if the old one was approved and is still valid. Even if it was approved, if you were married for less than 2 years at the time they would have issued a 2-year conditional card which would be expired by now and your status would have been canceled due to your failure to file I-751 to convert to a 10-year card.

So unless you were married for at least 2 years and they issued a 10-year card, you would need to start over and apply for a new card anyway. How long were you married when you attended the GC interview?
Click to expand...

We were married for about a 1 1/2 years when we attended the interview.

I checked the I-485 receipt online and there's been no change on the status. So just
to confirm, once I re-apply the I-485, they'll send me information regarding the last
filing and I just tell them to reject it?

Thanks Jack
 
If the old one was approved and the GC is still valid, they'll reject the new filing either up front or at the interview, letting you know that the old one is still valid.

If the old one got denied, or approved then expired in 2 years, they'll accept the new filing and nothing needs to be done about the old dead one.

If the old one is still pending, they'll tell you to withdraw the old one at the interview.
 
Jackolantern said:
If the old one was approved and the GC is still valid, they'll reject the new filing either up front or at the interview, letting you know that the old one is still valid.

If the old one got denied, or approved then expired in 2 years, they'll accept the new filing and nothing needs to be done about the old dead one.

If the old one is still pending, they'll tell you to withdraw the old one at the interview.
Click to expand...

Hey Jack,

Sorry, I'm trying to understand this whole process. But which interview will I be going
to, to withdraw the last application? The GC interview?

Thanks
 
Al Southner is right. Be well prepared. Consider consulting with a good lawyer.
Bring forth a bunch of documents. Be as convincing as possible. The fact that USCIS smelled blood in the water the last time - indicates that they will be looking at your petition under a high powered microscope. Be prepared to expain why you left your ex-wife in Las Vegas while working in LA for so long. (Most people would move with their wife).
Do your homework before you go for the interview.
There might be a grizzly bear out there waiting to interview you. Having said that, I wish you all the best.
 
Sorry to say that but your case sucks. You just got married and now looking for a green card again. I would suggest to wait for a few more months before you apply again. Both your marriages show your intent to secure a GC and nothing else.
Good Luck!
 
citi786 said:
Sorry to say that but your case sucks. You just got married and now looking for a green card again. I would suggest to wait for a few more months before you apply again. Both your marriages show your intent to secure a GC and nothing else.
Good Luck!
Click to expand...

Thanks again guys for the advices.

I have no intentions of just doing this for a GC. Although yes, that may not be how they see it.

Having said that, I would just like to work to support my family financially in the interim, for a few months before we officially apply for my GC.

Can I apply for an EAD without applying for an I-485? Or is there another route?

Thanks again.
 
Morbid said:
Can I apply for an EAD without applying for an I-485? Or is there another route?

Thanks again.
Click to expand...


Absolutely NOT!!!! You can't apply for EAD without I-485, unless you are doing OPT. You are naive to think you aren't doing this for a green card, USCIS knows better and you are going to feel the teeth of fraud detection in the near future. Supporting your family through financial means has never surpassed suspicion of fraud, as for your case, it is screaming "I am in this for the green card, didn't you see my previous application?"
 
Al Southner said:
Absolutely NOT!!!! You can't apply for EAD without I-485, unless you are doing OPT. You are naive to think you aren't doing this for a green card, USCIS knows better and you are going to feel the teeth of fraud detection in the near future. Supporting your family through financial means has never surpassed suspicion of fraud, as for your case, it is screaming "I am in this for the green card, didn't you see my previous application?"
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You seem a judge. You cant judge people you dont know that way. I am new to this board and it seems you know a lot, but your attitude sucks sir. People come here for help and advise not to be judged.

Morbid, your case is tough but there is always light at the end of the tunnel, just be prepared and you will get ur GC. A denial wouldnt be the end, you can fight that further in an appeal and sometimes Judges are easier that those guys at USCIS.

Good Luck!
 
Morbid said:
Sorry, I'm trying to understand this whole process. But which interview will I be going
to, to withdraw the last application? The GC interview?

Thanks
Click to expand...

There will be an interview for your new I-485. If the old I-485 is still pending, they'll ask you to withdraw it.
 
Hello,
i am new to this forum,i intend to see a lawyer ,but i would appreciate any word from someone that has been or knows a similar situation.
I am currently married with an USC,and done my FP,my EAD card was sent ,like a week ago(he claims that nothing came,in mail,although all our mail was fine ,so far).
We started to have few problems and then more and more and he thinks ,i depend on him ,in order to stay legally in this country(which is true).
My biggest mistake ,was that when he told me ,he found somebody else,i said"me too". I wasn't ,at that time,but i guess i wanted him to feel the same way.i forgot to mention,that we've been married for a year.Now,i really found someone,he is special,he is listening to me ,he went trough the same thing and ended in a divorce,and i feel like i want to end my marriage ,because i live with a stranger and i don't want to go on for papers.Sounds crazy,to divorce my husband ,withdraw mt petition and marry this wonderful man? And of course to reapply latter ,again for all the forms.Do not judge me,or try to tell me ,that i should stay in this marriage,which felt apart more than 4 months ago,do not try to tell me that maybe my husband changed his mind ,about the interview.He doesn't even want to hear about the divorce,because he knows that i have someone else,he had a girl too,but i guess she left him and now he's trying to make our marriage work,after ignoring me for almost 4 months.If you can help with an advice,i will truly appreciate.
 
crissn72 said:
Hello,
i am new to this forum,i intend to see a lawyer ,but i would appreciate any word from someone that has been or knows a similar situation.
I am currently married with an USC,and done ............
Click to expand...

When you come looking for advice, you cannot tell the advisor what not to tell you. Any advisor owes it to himself/herself to speak their mind. If you don't want advise you do not agree with, do not ask.

Having said that, I believe you cannot withdraw the I-130 petition because it is the petitioner who has to withdraw it, in this case your husband. You can withdraw your I-485 petition by notifying USCIS.

Of course you can file a new petition with the new soon to be husband. Know that you will be scrutinized HEAVILY. The scrutiny will be more intense if you get divorced, get remarried straight away, and then file a new petition straight away. You may want to allow some time to pass after your divorce before remarrying or filing a new petition.

I wish you the best, however be ready for a battle with USCIS. Getting a good lawyer is the right idea.
 
Thank you,didn't mean to be rude,i am just lost and i wanted to see ,if anyone had similar situations ,in the past.I saw some comments ,on the forums,like ''go home" and stuff like that.I spoke with a lawyer,he told me i should be fine.I would like to allow ,even a year ,before i will marry my soon to be husband,but i am afraid ,they will send me home and from the date i married my husband,until i apply for AOS,it was about 8 months.I came in B2 visa,i was in and out,i kept my status ,until a month after the marriage,when i could have extended,but i asked a lawyer and he said ,that i don't need an extension of the I-94. I have a lot of evidences of my current marriage and since,i know why i would like to divorce this one and remarry this wonderful man ,i don't think ,they can suspect anything ,as long as we live together ,and he knows ,what i've been trough and what will be the consequence ,if he won't belive in our relationship.Aside ,from immigration matter,is not an unusual situation ,that 2 people don't get along anymore,and from my side,i did everything i could ,to fix it.I think ,staying with him ,going to the interview and pretending that we are a happy family ,will be a fraud. Maybe ,will hire a lawyer to go with us,although we are not afraid,bit better be safe than sorry.I only want to withdraw my I-485 and get a divorce,which my husband is saying ,he won't sign. My question was,if i wait,how long can i do that? if i withdraw my petition,then ,i have no reason to stay here. I get mixed feelings,from time to time...i feel like i want to leave everything and everyone behind,without an explication ,and go home,but i won't see him again and i don't think he wants to leave everything and follow me,we never talked about it. I am not scared of any future interview ,next to this man,i am scared of what will happen ,when i withdraw my I-485.
 
For the first time in months,i had a normal conversation with my husband and he says ,he agrees to sign the divorce papers. I went to a lawyer ,specialized in immigration and divorce,and we started the divorce ,as the first step. My husband said,he'll be there on Monday,to sign ...hope so! The next step ,the lawyer advise,is the withdrawal of my I-485 and then wait a decent amount of time,before i will marry ,my future husband.I am more calm,and i see a good future ,next to my ''boyfriend'',or i don't know how to call him. What concern me,is that for 2 purposes i would like to wait a little with the next marriage:1. not to raise suspicions in the USCIS ,eyes,when i will reapply for AOS.2. I need to make sure that he is ,the man ,that i want to spend the rest of my life with it.I know ,he'll wait for me ,we are not that young anymore,but the feelings we live now,are unique. So,again,the lawyer ,advise me to wait between divorce and remarriage ,and i don't have a problem with that.My question is,after ,withdrawal of I-485,what is gonna happen to me.The lawyer said,i should be fine,since i don't have anything ,not a small thing in my record and even if i will be placed in removal process ,very fast,(for which ,he doesn't see any reason),i can appeal before an immigration judge(i am not sure if i remembered that right,but i think ,that was what he said). If you can help with an advice ,i truly appreciate .I do trust my lawyer,but the more i read about all those unhappy experiences ,i realize ,that i am not the first one in this situation.Thank you,in advance for any response.
 
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