Second Marriage. About to start filing for green card but have serious concerns.

[ndhtai]

Hi all,

My first marriage fell through right before a scheduled interview back in 2014 (scheduled for October 2014). Me and my ex has divorced since then. I did not send a withdrawal letter and also did not show up for the interview since the relationship went sour(early 2014) before that point. I did not know about sending withdrawal before now and did not have attorney help. Me and my ex did date for about 2 years 2012-2014.

Now I have gotten into a new relationship(close to 3 years), me and my girlfriend have decided we want to be together and are about to file for GC. My concern as of late is whether my previous marriage was deemed as fraud or just an abandonment. The reason why I do not know for sure is I do not have the notice of decision (denied when I recently checked using receipt number.) I'm worried since it could be deemed as fraud and I do not know.

I have already scheduled to see an immigrant attorney next week, but it's really nerve-wrecking for me at the moment.

Any advice would be appreciated. I am the non-immigrant and both my ex and current girlfriend are USC.

[inadmissible]

There is no way to know without reviewing that denial notice or the adjudication notes from your A file. You could request copies under the FOIA if you want

However, you have little to lose by getting married and applying for adjustment of status

[ahole16]

Just talk to your attorney to see what you should file now for a GC. It should include your divorce papers and everything you ever filed for GC last time. At the time of your interview you would have to explain what happened (they will ask questions). But since it's the truth and you actually broke up, I think there shouldn't be a problem.

[ndhtai]

There is no way to know without reviewing that denial notice or the adjudication notes from your A file. You could request copies under the FOIA if you want

However, you have little to lose by getting married and applying for adjustment of status

Thank you, I'll look into requesting a receipt after talking to attorney.

[aquila]

Similar situation: Second marriage.

Here's my earlier post:

"Hi everyone!

I'm seeking advice and want to hear stories of people with similar experience(s).

I got married to my ex in 2010 and later discovered that she was not who she said she was. Before that, I was on a student visa (M-1) which expired a year and a half prior to the marriage. To cut long story short, I found out that she was living on a stolen identity and the marriage itself was abusive (of which I have police reports to prove). She was later convicted of identity theft, at which time I had already left her, but we were not divorced. During this period, we had filed forms I130, I485 and I765, which were returned to us because of some mistakes (I don't know if she resent them to USCIS without my knowledge and subsequent decision(s) that were made). However, she called Immigration on me, telling them that I had married her to become a citizen. We divorced in 2011 (though I was not there for fear of any connection she might have made to get me arrested by ICE, but I have divorce papers now). I married my current wife in 06, 2016 and we have filed forms I130, I485 and I765 two weeks ago. My wife and I are expecting in June. I'm just concerned about how my previous marriage might affect what may happen next, based on my ex wife's call to Immigration. Please any advice will be greatly appreciated."