Filing new i485 with pending i485 from previous marriage

[Family 3,536]

2 minutes ago, Boiler said:

Perhaps the ex spouse has notified them, the case was dead as soon as the divorce was completed.

Adjustment would have been denied on the spot if she had

[Boiler 43,622]

1 minute ago, Icedfire22”” said:

She didn’t notify them as we didn’t have a messy divorce and we still wish each other well . 

Nothing to do with the nature of the divorce. Just clearing up issues.

[Icedfire22”” 3]

2 minutes ago, Family said:

The attorneys who advised you not to withdraw the moment your divorce was finalized, gave you the advice you wanted to hear . Strategic…I understand.

 

Because I assume you did not have a new wife on the back burner ready to file for you . 
 

Hope you also clearly understand the Timeline of your new romance will be VERY scrutinized ..and they will try to use it to discredit bonafides of first marriage 

Thank you so much . now i understand the whole picture and why the attorney gave his advise. I am not so worried about scrutinization, I know my case might be delayed this time around  again and even longer , but my marriage is real , we have a baby on the way , a mortgage in both our names and divorce is not an option for us .. we intend to wait this out even if it takes 20 years this time . The only fear I always have is with my EAD as I have a very stable job and wonder what’s my fate and if I will have to notify my employer about my EAD even though it isn’t expired , I know it’s invalid as soon I withdraw the case 

[Crazy Cat 39,404]

7 minutes ago, Icedfire22”” said:

my EAD even though it isn’t expired , I know it’s invalid as soon I withdraw the case 

It was invalidated when you divorced.   The EAD was based on the I-485 which died when you divorced.  The divorce removed the basis for the I-485 and the EAD.

Edited December 31, 2022 by Crazy Cat

[Boiler 43,622]

By the sound of it you have been working illegally for a couple of years.

[Timona 3,959]

1 hour ago, Icedfire22”” said:

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

 

2 hours ago, Boiler said:

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

 

Yes. We're you married when you came over/ applied for B-2?

[Rocio0010 5,571]

There is a reason why your case has been pending since 2018.

 

Some key questions:

1) did you state you were married when you applied for your b1/b2?

2) how long after your arrival did you get married?

3) is your first spouse from your same ethnicity?

[SalishSea 16,827]

4 hours ago, Icedfire22”” said:

Thank you so much . now i understand the whole picture and why the attorney gave his advise. I am not so worried about scrutinization, I know my case might be delayed this time around  again and even longer , but my marriage is real , we have a baby on the way , a mortgage in both our names and divorce is not an option for us .. we intend to wait this out even if it takes 20 years this time . The only fear I always have is with my EAD as I have a very stable job and wonder what’s my fate and if I will have to notify my employer about my EAD even though it isn’t expired , I know it’s invalid as soon I withdraw the case 

I don’t think you’re getting the entire picture.   
 

Your EAD is (and has been) invalid already.

 

The heavy scrutiny will be for your first marriage’s bonafides, since you already had issues with the stokes interview.

 

Even with a current bonafide marriage, you could be subject to a misrep with deportation.

 

 

[da95826 387]

5 hours ago, Icedfire22”” said:

 I am not so worried about scrutinization,

You should be worried...

You come from a high immigration fraud county that USCIS looks at all immigrants very carefully at.

1) If you stated you were married when you filed the B1 visa application and you got a divorce in Nigeria USCIS find many fraudulent Nigeria divorces so that will raise a red flag that you were never married legally in the USA in either case. If you stated that you were married when you were not married during the B1 visa application USCIS will get you for misrepresentation or take you at your word and take the stand that you are still married in Nigeria making your US marriages invalid. 

2) USCIS already suspects the first marriage is not genuine (hence the Stokes interview), your AOS was never approved so I don't believe that USCIS is satisfied with your first marriage, if marriage fraud is suspected that would be a problem.

 

If you are found to have committed misrepresentation at any stage of your immigration history, you would need a waiver(s) if you are currently married to a US citizen. If USCIS finds immigration fraud you could be barred from getting any immigration benefit from USCIS no matter what.

 

[African Zealot 1,453]

I don’t know if you actually realize how serious your case is. You keep asserting your marriage was real and so didn’t need a lawyer etc however your opinion doesn’t matter, what matters is USCIS’s opinion and clearly they’re not convinced which is why your approval languished. I don’t buy your explanation that your I485 was pending so long because of a joint sponsor.

 

This is how USCIS will view your case: After the implosion of your first marriage (which wasn’t approved), you expeditiously lined up a second American citizen spouse and filed another petition. Does it happen in life? Absolutely however it’s suspicious and you can bet the scrutiny will be focused on the first marriage since apparently the second has solid bonafides.

 

You can continue the DIY route however be aware your case is neither standard nor will the sailing be smooth.

 

I wish you well.

Edited January 1, 2023 by African Zealot

[Rocio0010 5,571]

I asked a few questions. OP was back after I posted the questions but he never replied, so I’m assuming he’s not coming back because he doesn’t like the answers he’s been getting. 

[Crazy Cat 39,404]

It would be nice if the OP answered the outstanding questions and acknowledged that his EAD is already invalid.  Ignoring questions and facts will not help win the case. 

 

Yes, OP, I know you were viewing this thread just a few minutes ago.

Edited January 1, 2023 by Crazy Cat

[Rocio0010 5,571]

13 minutes ago, Crazy Cat said:

It would be nice if the OP answered the outstanding questions and acknowledged that his EAD is already invalid.  Ignoring questions and facts will not help win the case. 

 

Yes, OP, I know you were viewing this thread just a few minutes ago.

Yep. Ignoring the issue won’t help it. Nor will a second marriage immediately make the first one right.

[Icedfire22”” 3]

20 hours ago, Rocio0010 said:

There is a reason why your case has been pending since 2018.

 

Some key questions:

1) did you state you were married when you applied for your b1/b2?

2) how long after your arrival did you get married?

3) is your first spouse from your same ethnicity?

Sorry for the late response,

1) I wasn’t married on my b1/b2

2) about a year 

3) nope we have different ethnicity but we both speak English .

4) my ex wife wasn’t working so I had to get a joint sponsor

I know I have three red flags  . Marrying too early , marrying someone outside my race and my wife not working (public charge at the time ) , I just thought that was the whole point of being interviewed . Like I said ALL of our answers were matching on both occasions and they really do have tons of evidence from that marriage . I did two service requests and two congressional enquires but it wasn’t yielding any results . the marriage wasn’t working out at the time with lots of financial and emotional abuse on her part and I hate to keep hanging ONLY because I was waiting on a green card . I was the one who filed for divorce because I couldn’t deal eventually.  I had the option of filing for VAWA but thought against it . Met my current wife after the divorce and we again started gathering evidence as well . 
I know it’s an uphill task , reason why I am asking for advise on this forum

[Crazy Cat 39,404]

9 minutes ago, Icedfire22”” said:

Sorry for the late response,

1) I wasn’t married on my b1/b2

2) about a year 

3) nope we have different ethnicity but we both speak English .

4) my ex wife wasn’t working so I had to get a joint sponsor

I know I have three red flags  . Marrying too early , marrying someone outside my race and my wife not working (public charge at the time ) , I just thought that was the whole point of being interviewed . Like I said ALL of our answers were matching on both occasions and they really do have tons of evidence from that marriage . I did two service requests and two congressional enquires but it wasn’t yielding any results . the marriage wasn’t working out at the time with lots of financial and emotional abuse on her part and I hate to keep hanging ONLY because I was waiting on a green card . I was the one who filed for divorce because I couldn’t deal eventually.  I had the option of filing for VAWA but thought against it . Met my current wife after the divorce and we again started gathering evidence as well . 
I know it’s an uphill task , reason why I am asking for advise on this forum

Do you know there was a pretty recent bust of a Nigerian marriage-for-immigration ring inside the US?  The FBI did extensive investigations, and there were prosecutions.  That could explain the joint sponsor questions and the separate interviews.  Nigerian immigrants are being looked at closely.  Prepare for more scrutiny of the first marriage.

Edited January 1, 2023 by Crazy Cat