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Withdrawal of i-130 and new petition

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  • Withdrawal of i-130 and new petition

    Hello everyone, I need help.
    My ex wife and I are withdrawing the I 130 she filed for me 2 years ago. She is a LPR. We are in good terms still, thank God. Now I am married and my new wife who is a citizen would like to file for me. I am thinking of concurrent filing. Ex wife sent letter to USCIS and NVC to withdraw her I 130 that was approved and the priority date is current.
    Can I go ahead and have my new wife file for me or should I wait until the previous I 130 is withdrawn?

  • #2
    No need to wait. Multiple people can file petitions for you; they do not conflict, and you do not have control over people filing petitions for you because they are filed by them, not you. As long as you don't act on that old petition (which you can't anyway since you are no longer married), it is not relevant.

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

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    • #3
      Your wife can go ahead and petition for you

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      • #4
        Originally posted by inadmissible View Post
        Your wife can go ahead and petition for you
        Thank you,
        I just don't want any complications since there was a petition for me and the fact that I got married weeks after divorce. In this case I think having a good relationship with my ex wife is a blessing. We parted ways and kept a god relationship. Also do you think that I could be in removal in a worst case scenario? I am married to a citizen but overstayed.

        - - - Updated - - -

        Originally posted by newacct View Post
        No need to wait. Multiple people can file petitions for you; they do not conflict, and you do not have control over people filing petitions for you because they are filed by them, not you. As long as you don't act on that old petition (which you can't anyway since you are no longer married), it is not relevant.
        Thank you,
        I just don't want any complications since there was a petition for me and the fact that I got married weeks after divorce. In this case I think having a good relationship with my ex wife is a blessing. We parted ways and kept a god relationship. Also do you think that I could be in removal in a worst case scenario? I am married to a citizen but overstayed.

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