I130 to ex spouse

[Brian1967## 119]

Hello all i was recently spoke to someone I know in California. He was divorced from his immigrant spouse for over a year, he has since got back together with his ex wife ( the immigrant ex wife), Here is the issue her I751 will more than likely be denied for non bonafid marriage. He wants to get remarried to her and file and I130 (how is that for an intresting case) The issue is should a lawyer be hired? The couple knows how to fill out all the paperwork and file it. Second question should they get remarried and then file I130 before the denial notice arrives? This is a very unusal case, that I have ever heard of it but, they have lived together for over a year already I found out and they get along great, and advise or thoughts? Positive or Negative are welcome but please stick to the subject. Thank You

[aaron2020 11,651]

Hi,

His ex-wife should have filed the I-751 once she was divorced as required.

This is not a DIY in my opinion. This is complex and requires a lawyer.

Best of luck.

[Brian1967## 119]

You know is asked him that and they get the feeling the I751 was denied for non bona fide marriage

[Villanelle 4,121]

Well people can do whatever they want- (mary, divorce, marry again, file petitions) its more a question of how well is it going to go over and the chances of approval.

What you need to keep in mind is the concept that once is a process started it must complete. The Mrs was issued a conditional GC based on the marriage which has since dissolved. She was required to do something with it. That can be the removing conditions process whether it comes out positive or negative or surrendering it. What ever she chooses or is chosen for her must be complete and have a big period at the end.

So since this is a depending on circumstances type situation lets look at her specific circumstances. She apparently attempted to file with a divorce waiver. She is reporting she is going to be denied although she has no proof of the denial yet. The smart thing to do would be to wait for the denial as sometimes people get overly anxious. Im assuming she went to an interview and it didnt go well. It might have just been a tough interview where she got the impression she was doing poorly and there was no way they would approve her but maybe afterwards the interviewer reviewed her papers and put her through.

But lets say she is denied. She will receive the denial letter along with instructions to leave the US as she has no more status. The question of can I apply for a new 130/485 AOS packet while a decision has not been made yet on the 751. Ummm no. She currently has a status (a GC) until the denial so she can not apply for "double benefits" (another GC). If she wants to move quickly the soonest she can apply is when the online system or phone system shows it was denied. She doesnt need to wait for the paper in the mail.

After that she would be following the process of anyone else who is here with out status and marries and applies for AOS>

The couple can marry at anytime that will not impact a decision for the 751. However for the new AOS- they can expect a high level of scrutiny as it can appear this is a benefit only arrangement or since the first time around it didnt work- the Mrs getting a GC so they are trying again. Its not going to be a smooth process by any means and it can range from stokes interviews, to home visits to even being denied and having to appeal in court.

No one can tell you how far (bad) it is going to go. It will depend on many factors like the proof they have of the current on going relationship since the divorce, the reasons for the divorce the evidence they didnt have on the 751- how the two come off in the interview. If everything they say is logical and sincere.

They can either start with a lawyer now or start the process and wait to see how bumpy it gets.

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Anyway welcome back Brian! You have been missed and oh my I really hope this post for a 'friend' isnt you remarrying your ex!

[Penguin_ie 5,986]

Are you saying she filed for ROC before and was denied for non-bonafide? Or just they were afraid that that would happen and that is why she did NOT file? Because as mentioned, as soon as the couple divorced she should have filed with a divorce waiver.