Married second time, use approved I130 to apply for residence.

[mamaquack]

I am confused... I got married in 06 to an American Citizen, here, in the USA. We file the I130, got an interview, got a VISA number, and then we got divorced. I married my actual husband in 2008, and we never put the papers in, last year we ask for an app with infopass, and they told me that I don't need to file another I130, because I aleady have a Visa number approved from my previous marriage. We are ready to put my papers in, but this is driving me crazy, because the people from the infopass appointment told me yes, and the people on the call center tell me no.

Can I file the I485 directly this time, no I130? We have been married for 4 years, have a son together, and about to start trying for the second now, so, everything is legal and fine, I am just tired of not having papers, and the state of Florida is asking me for residence to renew my massage therapist license.

Help is greatly appreciated!!!

 

[Jackolantern]

I am confused... I got married in 06 to an American Citizen, here, in the USA. We file the I130, got an interview, got a VISA number, and then we got divorced.

What do you mean you got a visa number? Did they stamp your passport with anything after the interview? Did you ever get a physical green card?

Where was the interview ... inside or outside the US? How long were you married at the time of the interview? How long were you married when the divorce was finalized?

Can I file the I485 directly this time, no I130?

If you got permanent resident status from the first marriage, you would file nothing except maybe I-751. Otherwise you would have to file everything ... I-130 + I-485 + all the other related forms. If you answer the above questions that will help us figure out what you need to file.

 

[mamaquack]

No, in 2005 I filed for a political assylum to stay legal for longer while I decided what to do. Because I was under the immigraton court process, when I got married with my former husband, we had to file, by instructions of USCIS, the I130 first, get an interview, get it approved, which would give me a VISA number, and then put the I485, and working authorization, etc. We got the I130 approved in 2007, but that was it, because we divorced each other, and we both got married again.
With my current husband, we never filed anything. When I asked for an appointment on infopass on the service center in Oakland Park in FL, the guy at the window there said I can use the approved I130 I had from the previous marriage, no need to file another one. When I call the call center, they said I need to file one. I asked an immigration lawyer locally, and he was lost, had no idea that they ask you to file an I130 when you were under removal procedures before, which really, wasn't removal procedures, but it's immigration court, so, it's considered removal procedures...
I really need to get this done, but I don't want to spend the money for filing an I130 if I don't have to... kind of tight on money right now, and this is a big fee without the I130 to begin with.

 

[Jackolantern]

You divorced without I-485 approval, so you never became a permanent resident, and you definitely will need to file a new I-130 and I-485 to adjust status. An I-130 filed for one spouse cannot be used as a basis to adjust status with another spouse. And the old I-130 became nullified anyway as a result of the divorce.