Icedfire22””

12 hours ago, African Zealot said:

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.

thanks I know this case is not a standard one , and I expect the heavy scrutiny, it’s just sad that uscis expects people to keep hanging in there so they can obtain a greeen card when a marriage is obviously not working out.  I am trying to right those wrongs now, one piece at a time . Reading thru all this comment has gotten me so  worried  about working with an invalid EAD card , I am scheduling another consultation with a lawyer on Tuesday to know the steps I need to take in that regard . Not sure if I need to notify my employer and just quit the job while waiting for a new EAD card 

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

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 

1 minute ago, Boiler said:

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

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

8 minutes ago, Family said:

Draft one Letter of Withdrawal and reference the I-130 and I-485 case numbers on it . 
Spend a bit of time on that letter and show your marriage was in good faith plus ADD any additional evidence not previously submitted.

 

If ex is on decent terms ask her to do an Affidavit stating the same . Have her notarize it with a Jurat ( not acknowledgement)..

 

If any other family/friends, priests, rabbi or imams ..that knew you as a couple are willing, have them do the same. 

 

Yea , I could get her to write a notorize letter, we are on decent terms  . I have notarized  letter from her two sisters and her cousin that was submitted during our second interview . I can still make copies of those . 

5 minutes ago, Family said:

You will need all that evidence . Also need to be prepared to defend your actions ( failure to notify of divorce and EAD renewal) when they try slapping misrepresentation/fraud in obtaining EAD . 
 

Be prepared that they will either go or have already gone to old neighbors/jobs to investigate your first marriage.

 

Did you have an attorney for the two Stokes interviews?
 

We didn’t have any attorney for both as we didn’t see a need to at the time based on the fact that our marriage was in good faith and we had nothing to hide or worry about . We were given a printed copy of answers for the second interview and ALL the answers were exactly the same .

I have been to different consultations with different attorneys and I have been gettig varied answers. The last attorney we went to told us we should apply for everything and we can withdraw the previous I-130 and I-485 whenever we are called for interview . The other attorney echoes your concern about withdrawing first before applying so I wasn’t sure which to follow . But i would be withdrawing the initial one and apply for a new one simultaneously like you suggested. Thank you so much 

7 minutes ago, Family said:

Mark it as initial EAD . It is an initial application based on the new I-485 

Thank you so much . I will send the letter to withdraw the Initial I-485 today . And send the new one on Monday . Thanks you so much . do I need to reach out to my ex wife to withdraw the initial I-130 or my I-485 withdrawal today will suffice for both ?  Would I need to attach divorce letter with I-485 withdrawal or  just a simple letter of withdrawal is good ? 

9 minutes ago, Family said:

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

Yea I have tons of evidence from

my first marriage as well . I never had issues with my first marriage. I assume the issue was with my joint sponsor . We had interview twice and was separated on both occasions. ALL our answers were the same on both occasions.  The second interview was for almost an hour and it was based ENTIRELY on how well we both know our joint sponsor and how we met him .  ALL our answers were the same . 

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 

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

@powerpuff from a b1/b2

@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 

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