Will I able to get an approval? Complicated situation.

[Jjblu 0]

A few years ago, I got married to my first USC wife, apply for AOS, after our first interview-separated, we got into problems, we got some mismatched answers and the IO tricked her and she unwittingly signed a document to withdraw the case. The case and my i145 was denied due to withdrawal. We were going to reapply but she cheated on me and we got divorced. 
I was still in school so I was not out of status. 
Now I got married to another USC, and she also filed for my AOS, we have our interview coming up. Will my past marriage come up? Will they allege fraud? There was no language like that in my first marriage i145 denial, just that it was denied based on the i130 withdrawal. My new spouse and I just had a baby and I have to be here for my family. I’ll get an attorney for the interview but I would just like to know my chances of success? Has anyone been in this situation before?

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[geowrian 22,335]

It is possible the past case will come up.

Focus on showing a bona fide relationship.

Good luck.

[Boiler 43,432]

I would say probable.

[APGG94 35]

7 hours ago, Jjblu said:

A few years ago, I got married to my first USC wife, apply for AOS, after our first interview-separated, we got into problems, we got some mismatched answers and the IO tricked her and she unwittingly signed a document to withdraw the case. The case and my i145 was denied due to withdrawal. We were going to reapply but she cheated on me and we got divorced. 
I was still in school so I was not out of status. 
Now I got married to another USC, and she also filed for my AOS, we have our interview coming up. Will my past marriage come up? Will they allege fraud? There was no language like that in my first marriage i145 denial, just that it was denied based on the i130 withdrawal. My new spouse and I just had a baby and I have to be here for my family. I’ll get an attorney for the interview but I would just like to know my chances of success? Has anyone been in this situation before?

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Very likely. How far apart were your marriages? I would expect questions about your previous marriage/wife to come up. Answer truthfully. But proving a current bona fide relationship should be your main concern. 

[little immigrant 800]

Did you come here on a K1 and marry your first spouse? Because if so, you can only adjust through the original spouse. 

[Cyberfx1024 7,978]

17 hours ago, Jjblu said:

A few years ago, I got married to my first USC wife, apply for AOS, after our first interview-separated, we got into problems, we got some mismatched answers and the IO tricked her and she unwittingly signed a document to withdraw the case. The case and my i145 was denied due to withdrawal. We were going to reapply but she cheated on me and we got divorced. 
I was still in school so I was not out of status. 
Now I got married to another USC, and she also filed for my AOS, we have our interview coming up. Will my past marriage come up? Will they allege fraud? There was no language like that in my first marriage i145 denial, just that it was denied based on the i130 withdrawal. My new spouse and I just had a baby and I have to be here for my family. I’ll get an attorney for the interview but I would just like to know my chances of success? Has anyone been in this situation before?

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So you came under a K1, CR1, or a student visa? It will come up during the interview so be sure to answer truthfully and you should be fine. 

[Jjblu 0]

23 hours ago, APGG94 said:

Very likely. How far apart were your marriages? I would expect questions about your previous marriage/wife to come up. Answer truthfully. But proving a current bona fide relationship should be your main concern. 

2 years apart

14 hours ago, Cyberfx1024 said:

So you came under a K1, CR1, or a student visa? It will come up during the interview so be sure to answer truthfully and you should be fine. 

I on an F1 visa. I’m currently on OPT.

[Jjblu 0]

20 hours ago, little immigrant said:

Did you come here on a K1 and marry your first spouse? Because if so, you can only adjust through the original spouse. 

I on an F1 visa

[APGG94 35]

4 hours ago, Jjblu said:

2 years apart

I on an F1 visa. I’m currently on OPT.

Yes may definitely come up since it was such a short period of time. But some people are lucky and get officers that don't ask at all. It's all at the discretion of the officer who interviews you both. Like I said just be honest and you should be fine. Bring lots of evidence to prove relationship such as joint lease, bank accounts, health insurance etc 

[Going through 5,668]

It will come up at your interview.

Thankfully the paper she signed/any statements she made to the IO on record did not inclue allegations against you regarding a fraudulent marriage (for immigration benefits).

 

Keep in mind that the attorney you bring to your interview cannot answer any questions on your behalf, or clarify any answers on your behalf unless he/she is directly asked by the IO.

Edited October 17, 2018 by Going through

[Jjblu 0]

2 hours ago, Going through said:

It will come up at your interview.

Thankfully the paper she signed/any statements she made to the IO on record did not inclue allegations against you regarding a fraudulent marriage (for immigration benefits).

 

Keep in mind that the attorney you bring to your interview cannot answer any questions on your behalf, or clarify any answers on your behalf unless he/she is directly asked by the IO.

Yeah I know it will come up but my previous marriage was bonafide we just didn’t work out. I’ll just have to make them see that.