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Divorced and remarried while waiting for green card.............i need help.

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  • Divorced and remarried while waiting for green card.............i need help.

    Dear folks,
    I have been on this journey since 2015. My Priority date is 12/15/15. I had my interview April 21, 2016, and since then no information other than that my case is still being reviewed. My wife sued for divorce ( irreconcilable Difference), and we got divorced December, 2016. My EAD expired and i apply for renewal which is in progress. my travel docs are approved. While still waiting for GC, I remarried this week to another US citizen.

    This where i need Advice and help.
    1. Do I write to the USCIS to stop the other process, or Just apply on a different pedestal.
    2. Must i use a lawyer? My marriage has always been for real but my wife leaves with mum for work proximity, and i don't have a good income for now.

    Pls, sincerely advice me generally.

    Thanks

    Giver.

  • #2
    Your ex-wife will withdraw her I-130, you will withdraw your I-485

    Each of you will write letters to USCIS at the address on your filing receipts (I-797 Notice of Action). In the letter cite the form, the receipt#, and include of copy of the applicable receipt

    Separately, you and your new wife will file a new I-130/I-485

    You don't need an attorney to do this unless you face issues (like being accused of marriage fraud)

    Comment


    • #3
      Could you please give more details and timeline on divorce and new marriage?

      Comment


      • #4
        Did you enter on a K-1?

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          Originally posted by inadmissible View Post
          Your ex-wife will withdraw her I-130, you will withdraw your I-485

          Each of you will write letters to USCIS at the address on your filing receipts (I-797 Notice of Action). In the letter cite the form, the receipt#, and include of copy of the applicable receipt

          Separately, you and your new wife will file a new I-130/I-485

          You don't need an attorney to do this unless you face issues (like being accused of marriage fraud)



          But both the i-130/i-485 has not been approved. I may not see my old wife to write them. can i write to withdraw just the i-485 since the i-130 has not been approved?

          - - - Updated - - -

          Originally posted by newacct View Post
          Did you enter on a K-1?

          I entered on b1/b2 visa

          Comment


          • #6
            Seek legal counsel

            Originally posted by Giver View Post
            But both the i-130/i-485 has not been approved. I may not see my old wife to write them. can i write to withdraw just the i-485 since the i-130 has not been approved?

            - - - Updated - - -




            I entered on b1/b2 visa
            Some here will disagree but if it were me, I would seek legal counsel. USCIS will be suspicious of your first marriage and as you go into the second marriage it will be that much more difficult.
            IMIHELP has a link explaining "SUSPECTED FRAUD INTERVIEW", check it out and then decide: https://www.immihelp.com/family-base...interview.html

            Comment


            • #7
              Originally posted by Giver View Post
              But both the i-130/i-485 has not been approved. I may not see my old wife to write them. can i write to withdraw just the i-485 since the i-130 has not been approved?
              Just withdraw the I-485. Don't worry about the I-130.

              This is my personal opinion and is not to be construed as legal advice.

              Comment

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