Hi, I came into US 3 years ago and got married to a US citizen last year November and my wife filed in I-130 and I-485 a month after our marriage. She got pregnant last year December and I thought she was carrying my baby but i found out another man was responsible for the pregnancy in June. We tried to make the marriage work despite what happened so I stayed in the marriage but everything wasn’t going on fine. In May we received a RFIE letter on I-485 requesting for more information on affidavit of support which we mailed to them. My wife makes less then $15k a year so my dad also stand as a sponsor. She gave birth last month and since then I have been considering a divorce because I couldn’t bear it. Last week we got another RFIE letter from USCIS on I-130 asking for more evidence of bonafide marriage. My we were trying to get the documents together my I-485 was denied. Now I intend to divorce her because she has someone else’s child while we were married and more so she now started acting up and I can not live with that most especially I can not take care of another man’s child. I know if I divorce her, the I-130 too will be dead but my question is will that affect me later on when I remarry and put in another petition.
My I-485 was denied without an interview appointment
- Thread starter fikdot
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1AurCitizen
Registered Users (C)
Once you divorce, you are out of status and illegally in the US. You would have to return to your country. Who are you going to remarry; someone in your home country?
Your divorcing her now following i485 denial, rather than when you first found out she was carrying another man's child looks suspicious.
What visa did you enter the US on 3 years ago?
Your divorcing her now following i485 denial, rather than when you first found out she was carrying another man's child looks suspicious.
What visa did you enter the US on 3 years ago?
I came into US with a visiting visa. I want to marry another woman here and file in another petition after getting remarrying
1AurCitizen
Registered Users (C)
Generally speaking, obtaining a visitor visa requires ties to your country, like a job, family, etc. Do you have none of those?
And, out of curiosity, how would you know you'd fall in love with a US national who would file a petition for you? Are you only looking for USCs to get a green card?
I have another i130 which my Step mom put in for me in 2016 before getting married here. The pint is I can’t continue with the marriage and at thesame time I don’t wanna go back to my country so I intend to find a lady to start a life with here. If I’m lucky enough to find another woman and we get married, will the one i got denied affect the future one?
1AurCitizen
Registered Users (C)
Therefore the marriage would be solely to obtain a green card?
That’s not the reason. I can’t continue with my current marriage so I intend to divorce and at some point I will have to remarry. I just want to know how this might affect me in future. And can the i130 my step mom filed for me in 2016 still hold me here since it is still a pending case I have pending with uscis
SusieQQQ
Well-Known Member
The short answer is yes, if the denial of the first was due to lack of proving a bona fide marriage. Basically, you’d have to prove that both the first and the new one were bona fide to get the second one approved as a basis for AOS.
On what basis did your stepmom file for you - is that F1? You could still use that, but you can’t stay in the US out of status until then. You can’t adjust status using F1 (or any F-category) if you’ve been out of status. You’d need to go back home, and you’d need to do it before you incur a ban for unlawful presence, and wait it out. (Note: if there is a suspicion of immigration fraud from the marriage-based visa/s, it may affect your eligibility under F1 too.)