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Hello everyone!
My situation is more complicated and need your help asap:
Came on a J1 visa in 2003, got married to USC in late 2004 and applied for AOS. The interview went well, we did present lease with both our names listed, joint bank accounts, health and auto insurances, phone bills and pictures and so on.
However it was later denied stating that at the time of the interview we lived under different addresses and failed to specify when I and my wife would move together again. The reason we leaved in different cities was because our jobs. Five months after we got married my wife took a job in another state and I couldn't follow her because I still had my job and couldn't find any closer. We explained this clearly to the interview officer. The interview was videotaped too and it never crossed our mind to submit a letter or something in writing that would stay on the record as well.
She filed a Motion to reopen within 30 days, explaining the situation in details again. The motion was granted and is still pending (or so I believe, I haven't heard from BCIS ever since).
Shortly after instead of moving back together, we got into lots of arguments, things went sour and our marriage ended in divorce.
It's been more than a year since my divorce, and my current girlfriend and I just got married. She had a previous marriage as well, she's the USC.
Currently my visas and passport are expired, all I have is the pending AOS application, which I guess it won't be approved because we got divorced in the meantime, right/
My questions would be:
1. Can my new spouse file a new AOS package on my behalf or do I have to leave the country and apply at the Consulate?
2. How would the first AOS application based on the first marriage influence the new one?
3.The first marriage lasted less than 2 years (18months only) when the divorce became final. Does this matter if a new AOS package will be filed based on the new marriage?
4. Do I have to ask my ex-wife to withdraw her petition that is still floating around?
5. My I-94 was retained at the AOS interview. Do I need to get it back?
Thank you very-very much for your help!!
My situation is more complicated and need your help asap:
Came on a J1 visa in 2003, got married to USC in late 2004 and applied for AOS. The interview went well, we did present lease with both our names listed, joint bank accounts, health and auto insurances, phone bills and pictures and so on.
However it was later denied stating that at the time of the interview we lived under different addresses and failed to specify when I and my wife would move together again. The reason we leaved in different cities was because our jobs. Five months after we got married my wife took a job in another state and I couldn't follow her because I still had my job and couldn't find any closer. We explained this clearly to the interview officer. The interview was videotaped too and it never crossed our mind to submit a letter or something in writing that would stay on the record as well.
She filed a Motion to reopen within 30 days, explaining the situation in details again. The motion was granted and is still pending (or so I believe, I haven't heard from BCIS ever since).
Shortly after instead of moving back together, we got into lots of arguments, things went sour and our marriage ended in divorce.
It's been more than a year since my divorce, and my current girlfriend and I just got married. She had a previous marriage as well, she's the USC.
Currently my visas and passport are expired, all I have is the pending AOS application, which I guess it won't be approved because we got divorced in the meantime, right/
My questions would be:
1. Can my new spouse file a new AOS package on my behalf or do I have to leave the country and apply at the Consulate?
2. How would the first AOS application based on the first marriage influence the new one?
3.The first marriage lasted less than 2 years (18months only) when the divorce became final. Does this matter if a new AOS package will be filed based on the new marriage?
4. Do I have to ask my ex-wife to withdraw her petition that is still floating around?
5. My I-94 was retained at the AOS interview. Do I need to get it back?
Thank you very-very much for your help!!
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