Filing new i485 with pending i485 from previous marriage

[Icedfire22”” 3]

Hi all , I was married, filed I-130 and I-485 concurrently with my ex wife . Case has been pending since 2018 went through a lot with with ex wife . Filed for divorce in 2020 and remarried SOMEONE else. It’s been a year of being married , we are having a baby together plus tons of evidence already and mortgage in both our names. Filed  I-130 on 12/23/2022 online with current spouse , and front loaded with all the evidence. About to file i-485 this week. So question: 
1) I have a valid EAD card that expires in 2024 , do I need to apply for a new EAD card (form I-765) when filing I-485  ( if yes, am I applying for renewal of permission or initial permission for employment) or do I just file for i-485 now and wait until the EAD card expires to file for renewal with new case 
2) i intend withdrawing the old I-130 and I-485 from  my previous marriage during the interview whenever we are called for it (based on consultation with an immigration attorney ) is that the right way to go about it or should I withdraw it  NOW  before putting  in the new i485  this week ? 

I will appreciate any help I can get

[Boiler 43,463]

On what basis did you obtain an EAD?

[Icedfire22”” 3]

@Boiler , EAD was based on previous pending i485 . It was renewed about the time the divorce was finalized and just renewed more recently after the divorce. But it was renewed for two years 

Edited December 31, 2022 by Icedfire22””

[powerpuff 5,907]

Which visa were you adjusting from with your ex-wife?

[Icedfire22”” 3]

@powerpuff from a b1/b2

[Boiler 43,463]

When you applied for the B did you state you were married or single?

[Family 3,483]

Your I-485 and its EAD is no longer valid since the day of divorce from Wife Ones I-130. 
The only reason it was renewed was because you failed to inform USCIS the basis for “ pending “ I-485 no longer existed. 
So clean it up now by immediately sending in a copy of the divorce and letter of withdrawal ASAP. 
 

File your new I-484 without waiting for confirmation of any kind 

 

Edited December 31, 2022 by Family

[Icedfire22”” 3]

@Boiler  you mean the initial application ?  I don’t get ?

[powerpuff 5,907]

 agree with @Family

 

Is there a reason why your I-485 has been pending for 5 years? 

[Boiler 43,463]

2 minutes ago, Icedfire22”” said:

@Boiler  you mean the initial application ?  I don’t get ?

Yes

[Family 3,483]

You will need TONS of evidence your FIRST marriage was not a sham / or for immigration purposes. 
 

A case pending since 2018 means they flagged you and those issues won’t go away no matter how solid second marriage is

[Icedfire22”” 3]

@Family thank you so much for your input . Would you know about the EAD card if I should apply for a new  initial permission for EAD card  or submit the new i485 without the i765? 
on the i765 application, I don’t have a lot of options

 

[Boiler 43,463]

You need a basis to apply for EAD

[Icedfire22”” 3]

1 minute ago, Boiler said:

You need a basis to apply for EAD

That’s what i am asking . I am applying on the basis of a new marriage. I already filed the new I-130 , I am applying for the EAD based on the new i485 I am about to submit this week . The old one is not expired yet but I understand it might be invalid as soon as I withdraw the old one 

[Crazy Cat 39,285]

 

5 minutes ago, Icedfire22”” said:

The old one is not expired yet but I understand it might be invalid as soon as I withdraw the old one 

You don't have a valid EAD now.   The old one is invalid. You should expect to be heavily scrutinized during this next I-485 process. 

Edited December 31, 2022 by Crazy Cat