divorce and then remarry

[liverpool2512 0]

Hello everyone. I had married this girl in 2018. And we already send aos package but the thing is we never went to the interview and I didn't even go to the biometric appointment and I just let it sit there. Then unfortunately our marriage fall apart and the divorce was finalized in June 2020( we filed in 2019 ). Few years back I met a new girl (who is USC) . We are from the same country of origin and speak the same language same culture. we fell in love and get married in November 2020 and we want to try the process again (nothing to lose right). Then I realized my ex-wife never withdraw i130. So do i have to withdraw my i485 and do it again? OR i just filed a new application write letter to them explain what happened?. My question is when should I filed a new application, should i hired a lawyer to do it thanks .Please advise me what to do next thank you

[JFH 12,189]

How did you arrive in the US? What visa type?

[liverpool2512 0]

i arrived by f1 visa it expired in 2018 😢  

[JFH 12,189]

So you can file an adjustment of status but on the I-130 you need to provide details of the previous petition. 

[liverpool2512 0]

But do i need to withdraw the previous petition or can i just wait and file a new one ?thanks for your help

[JFH 12,189]

1 hour ago, liverpool2512 said:

But do i need to withdraw the previous petition or can i just wait and file a new one ?thanks for your help

You can’t withdraw the petition. It has already been approved. An approved I-130 with no further action taken will be archived. If you are in contact with your former wife you can ask her to contact USCIS to explain that the petition is not required although they have probably realized that already. As the beneficiary you can’t do anything with it. 

[Demise 1,096]

3 hours ago, liverpool2512 said:

Hello everyone. I had married this girl in 2018. And we already send aos package but the thing is we never went to the interview and I didn't even go to the biometric appointment and I just let it sit there. Then unfortunately our marriage fall apart and the divorce was finalized in June 2020( we filed in 2019 ). Few years back I met a new girl (who is USC) . We are from the same country of origin and speak the same language same culture. we fell in love and get married in November 2020 and we want to try the process again (nothing to lose right). Then I realized my ex-wife never withdraw i130. So do i have to withdraw my i485 and do it again? OR i just filed a new application write letter to them explain what happened?. My question is when should I filed a new application, should i hired a lawyer to do it thanks .Please advise me what to do next thank you

Well, you do not have to do anything regarding the old I-130 and I-485, the I-130 was voided by operation of law when you divorced your ex. So just disclose that yes you were petitioned for before and yes you did apply for permanent residence earlier and you divorced and abandoned that application.

 

Note however, that in this case USCIS will most likely want to see evidence that you entered both the current and prior marriage in good faith and not to just get a green card. You can either front-load the packet, or wait for an RFE and give it all to them when they ask.

[liverpool2512 0]

21 minutes ago, Demise said:

Well, you do not have to do anything regarding the old I-130 and I-485, the I-130 was voided by operation of law when you divorced your ex. So just disclose that yes you were petitioned for before and yes you did apply for permanent residence earlier and you divorced and abandoned that application.

 

Note however, that in this case USCIS will most likely want to see evidence that you entered both the current and prior marriage in good faith and not to just get a green card. You can either front-load the packet, or wait for an RFE and give it all to them when they ask.

i just sent  them the letter says i wanna withdraw the i485 last week .They just send me an RFE,To be honest i dont what an rfe at this point are for.i I just wanna withdraw the old application and started a new one,  I haven't got the letter yet so i cant tell you guys what they want , probably because of the winter storm uri  delayed my mail.If i ignore them and send them the whole new package (i 130,i485) is it ok thank you guys for help

 

[African Zealot 1,452]

I suggest you need to get a competent immigration lawyer. Unfortunately (and I may be wrong) it doesn’t appear to me you have the knowledge to go through this by yourself. Your case is not clean. Quickie marriage and divorce with an abandoned immigration petition based on the marriage.

[E_pluribus_unum 73]

On 2/20/2021 at 12:09 PM, liverpool2512 said:

i just sent  them the letter says i wanna withdraw the i485 last week .They just send me an RFE,To be honest i dont what an rfe at this point are for.i I just wanna withdraw the old application and started a new one,  I haven't got the letter yet so i cant tell you guys what they want , probably because of the winter storm uri  delayed my mail.If i ignore them and send them the whole new package (i 130,i485) is it ok thank you guys for help

 

If the other I-130 was already approved, you can have your new spouse submit the new I-130 now. You can do it online or on paper.

 

If you send a new I-485 now without the first one being withdrawn or denied first, the new application may just get rejected or eventually denied due to the first one being active. You would just be wasting your money as USCIS will not refund you the fees and you would have to re-file and pay once the previous i-485 is either denied or withdrawn. 

 

As stated above, it will be best to get an immigration attorney. You state that you married the first girl in 2018 and divorced in 2020 then go on to state that you met your new girl a "few years back" so it sounds like you were still married to the first girl when you met the new girl. You married the new girl in November 2020 with the signature of the first divorce still wet and now you would like to adjust. USCIS tends to see this as an attempt to procure an immigration benefit by fraud. 

 

You will need to submit A LOT of evidence to show this current marriage is bonafide.

 

Good luck!