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Jjblu

Will I able to get an approval? Complicated situation.

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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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It is possible the past case will come up.

Focus on showing a bona fide relationship.

Good luck.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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I would say probable.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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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?

Less 

 

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. 


F1 (graduated) with pending AOS after marriage! ^_^

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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?

Less 

 

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. 

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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.

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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

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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 


F1 (graduated) with pending AOS after marriage! ^_^

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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 by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

Applied for US Passport - requested Routine/ Regular Service

Oct. 27, 2017 (Day 00) - Submitted Passport Application, filed in person at Post Office

Oct. 30, 2017 (Day 03) - Online tracker shows application has been received and is under processing

Nov. 08, 2017 (Day 12) - Online tracker shows "in final stages" and projected completion time of 11/13/2017

Nov. 09, 2017 (Day 13) - Passport received in the mail.

Nov. 10, 2017 (Day 14) - Naturalization Certificate received back in the mail.

 

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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.

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