Filing I-485 the second time (second marriage)

G

Gelia

Registered Users (C)
Hey guys,

I have a pretty unique situation. I am a Canadian citizen and got married back in 2005 to a U.S. citizen. I moved here from Canada and we filed for my conditional 2 year green card. I was able to get it after 8 months which was the standard during that time. However, things didn't work out and I filed for divorce. I also surrendered my green card because I was not interested in staying in the U.S. or keeping anything that was associated with him. I moved back to Canada in 2007. However, in 2009 I met my current husband through friends and he is also a U.S. citizen! We got married in May. 2010 and I moved to the U.S. AGAIN and just recently filed my I-485 in February 2011.

My husband also has his own story! He was also married before and had sponsored his ex-wife. He filed for divorce and since her I-485 application was still pending, he withdrew his application and sponsorship. This happened back in 2004.

So my husband and I filed my application on February 19, 2011 but till now we have not even received a NOA for my I-485, I-130 or I-765. Do you think they are looking into this as a strange case?? We really didn't plan things to work out like this! I never wanted to come back to the US and he wasn't interested in marring a non U.S. citizen after our experiences! But fate had something different in store for us.

Do they think we're committing fraud even though I myself went to the U.S. customs office and gave up my green card and he also withdrew his application as soon as he had filed for divorce.

Any input would be greatly appreciated!!!
 
well, your situation is indeed a little complicated and from the way i see it , you'll need to gather as many evidences as possible to prove your marriage (s) was (were) bonafide i dont want to discourage you but USCIS will propably try to grill you.

good luck
 
You will receive your Reciept shortly it takes about 2-3 weeks, your situation is not that unique but both of you did the right thing and should not encounter any turbulence.
A positive point in your situation is that you are a Canadian Citizen and are less likely to be a economic immigrant.
 
Thank you so much for replying! I guess I should just be more patient about receiving my receipts.

Also, we submitted a joint lease as well as joint bank account statements as proof of our bonafide marriage. We thought that was enough but if they ask for more evidence we would gladly provide the pictures and affidavits.

But I don't have pictures to prove that my past marriage was bonafide since I threw everything away. It was an arranged marriage. I just have a divorce judgment which shows that I filed for divorce. Also when I surrendered my green card, the US customs officer told me that if I apply for a green card again, it would be a shorter process since I am giving this up voluntarily. At that time I was so annoyed at my ex that I told her, don't worry I am not coming back to this country! :( Guess I didn't know my future husband lived here too!!

I have two more weeks left till the 30 day period is over. I will contact USCIS then to inquire about the status of my application.
 
The CBP officer was right, you will receive less scrutiny than other because you had a GC once that you voluntarily surrendered. Did you made sure that you put your old A-Number on your forms, so they can pull your old file and see that you surrendered before and will not need a new A -Number?
You destroying evidence of your previous marriage is a natural reaction and that relationship is old news for them also just as much as it is for you.
 
Yes I did. Also, when I filled out the I-485, it asks whether you have applied for permanent residence before and also asks for the final disposition. I mentioned that I had applied for permanent residence, was granted it and then voluntarily surrendered it in July 2007.
I think they are definitely reviewing my old file and maybe that's why it will take some time before I get my receipt to make sure my old file was properly closed?
 
Yay I just saw my checks have been cashed today so this means I should be receiving the NOA's next week! So happy!!!
 
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