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Thread: I130/1485 with 2nd marriage spouse, will I be asked questions regarding 1st marriage?

  1. #1
    Here is my time-line:
    * Feb 01 - entered U.S as a conditional green card holder through marriage with my now ex-husband.

    * 1yr later - separated with my husband for school (i got accepted to a college far away from home and he couldn't switch job) and we been using different addresses since.

    * 90 days before Feb 03 - submit my joint I-751 and got the I-551 stamp for every year that my I-751 still in pending.

    * May 04 - officially separated from my husband but didn't divorce (we were both too busy so we didn't even bother). I met a new guy in school during this time.

    * March 06 - got a letter from USCIS invited to attend an interview with husband for our joint I-751. We didn't attend because we were in the process of getting divorced. Consulted with lawyer, he said to finalize the divorce paper, then withdraw I751 while its decision still hasn't been made, then get married to my current bf and start the process all over.

    * Nov 07 - divorce with husband was finalized. the joint I751 is still in pending.

    * Jan 08 - my bf proposed to me. I will withdraw my pending I-751. We will go ahead and get married and start the paperworks all over again (with I130/I485).

    My question is, when i have an interview for my I130/I485 with my second marriage, will they ask questions about my first marriage? Will they make me prove my first marriage is legit? (due the time I spent living separately from him for college, i barely have any papers/proofs of my 1st marriage).
    thank you in advance for answering my questions.

  2. #2
    Did you reschedule the interview that was at uscis for the 751 joint? if not.. what makes you think the 751 is still pending and not denied?


    you should submit the proofs that were sent in for the joint 751 and then file a 751waiver checking filing under good faith marriage that ended in divorce. send in the same proofs that were sent with the joint petition.

    Wait to see if it will be approved first before you submit paperwork on a new marriage.

    You can get married. just dont file paperwork yet. your 751 may get approved. if it gets denied, then you can file under new marriage.

    when you apply for the 751 waiver, you will get an extension letter/ or new stamp in your passport. Of course the joint 751 petiton will have to be withdrawn, if it was not already in fact denied.



    If your waiver is denied and you have to file with current husband.. then of course you will be questioned about the first marriage to make sure it was not a fraud marriage or just entered into to obtain the greencard. and yes your first marriage looks suspicius with weak evidences.

    Using the 751waiver if approved, puts you that much closer to citizenship faster

  3. #3
    hi 4now, thank you for replying. I didn't reschedule the interview, I just appealed the denial decision by saying I never received the letter (my lawyer did that for me) and thus, my I751 still got the pending status. With the minimal amount of proofs that I have right now, my lawyer doesn't suggest me to file for the waiver I-751. He said that if I file for the waiver, they going to ask for even more proofs than the joint I-751. So my safer bet is to go for the second marriage and start everything all over again. I just don't know if I still need to prove/provide proofs of my first marriage during my AOS interview with second marriage. I think my lawyer mentioned something like USCIS has a memo saying they are not allowed to ask about first marriage during AOS of second marriage as they have to treat each case separately and independently or something like that.

  4. #4
    Hi Desperate4GC & 4now,

    I can only comment from our experience, my husband was married before, he was married to another UK Citizen before I came along, and they did actually ask about the previous marriage, infact the decision was put on hold, until the I/O made further inquiries, into if the previous wife was still here or had returned to the UK, she had infact returned to the UK, so all was well. but that is my experience and your case is different.

  5. #5
    what an idiot he is? sory to hijack ur thread ,,but this lawyer is a loser... well first there is no appeal on i-751 denials ,doesn't matter if u recieved the letter or not ,,and second .. why would u rather start all over agin and wait another 3 years if u can get ue 10 years green card fater and then apply for citizen? and third..who told that idiot that uscis are not allowedto ask u about the first marriage? what a loser,,of course they can ,and actually they r going to and for sure ,,not to scare u or something ,,but they r going to ask u ... i mean based on what u just said ,,there was nothing sent with the joint i-751 that u filed with ur ex? no evidence at all? and he's telling u they r not allowed to ask? u know why he's telling u this ? bcoz i-751 waiver coast $545 (filing fees) and once u file u may have an interview and u may not and this whole thing with an attorney will coast u 1500-2000 ...but with this new i-130 and and i-484 etc...it takes more time ,,and more time means more money ,,and he will charge u more...and the last thing,,if u file for a waiver they wont ask for more proof ,,wrong wrong wrong,,yes they will ask u to proof ur first marriage but they wont request more evidence bcoz ur allready divorced and they know that,,how do u expect them to request more evidence if u guys r divorced and there is no ongoing relation? dont listen to this guy,,he's just trying to delay ur case to charge u more money...if ur sure about ur first marriage ,,then just go for the i-751 waiver

  6. #6
    what do u mean u appealed it? what did u appeal exactly? there is no appeals on the i-751 denials? u mean u filed a motion to reopen?

  7. #7
    thanks everyone once again for your inputs. To Mike-2007, yea, my lawyer suggested me to file a motion to reopen the case, not appealing. He said that when I file the motion to reopen, I will get the stamp while waiting for their decision. During that time, I can go head and finalize the divorce paperwork and get married to my current bf. To be honest, I am dental school right now and I am super busy with my load of work. Therefore, I am not really following my case very closely, I just gave everything to my lawyer to do it and I just do whatever he said. I guess he told me to do everything all over again because I've told him that I am not in a hurry to get my citizenship or anything as I will be a dentist and have my own office, I won't have to work for government so citizenship is not my priority. My priority when I came to him for help is to be able to continue to go to school here in the U.S legally. I did submit proofs when I applied for my joint I-751 but they were joint tax and joint bank accounts... for 1 year only. Ever since I moved away for college, we hardly had any more proofs. We just finalized the divorce recently (nov 07) so my laywer told me they might ask proofs of our marriage from 01 to 06 (which I don't have any). The only proofs I have are the same stuffs that I submitted for the joint I-751(very minimal stuffs like joint tax, joint bank accounts, marriage photos) And when I applied for waiver, they might/will ask me to submit more concrete proofs which I dont have. My main focus when i came to the U.S was schooling (and I guess that's the reason why my marriage fell apart), therefore, I didn't care much about collecting proofs of my marriage ...

  8. #8
    Originally posted by desperate4gc:
    hi 4now, thank you for replying. I didn't reschedule the interview, I just appealed the denial decision by saying I never received the letter (my lawyer did that for me) and thus, my I751 still got the pending status. With the minimal amount of proofs that I have right now, my lawyer doesn't suggest me to file for the waiver I-751. He said that if I file for the waiver, they going to ask for even more proofs than the joint I-751. So my safer bet is to go for the second marriage and start everything all over again. I just don't know if I still need to prove/provide proofs of my first marriage during my AOS interview with second marriage. I think my lawyer mentioned something like USCIS has a memo saying they are not allowed to ask about first marriage during AOS of second marriage as they have to treat each case separately and independently or something like that.

    Actually,

    You should seek another attorney, this one is not 4u if this is what he told you.
    Better yet, save your money and do it yourself. 751 is very easy form to complete and submit. instructions are clear.



    He is however correct that if your 1st proofs are weak, they will additionally ask you for more proofs before they can adjudicate your petition. You will definitely be called for an interview in your case.

    <span class="ev_code_RED">!</span>Please tell me what evidences were submitted with the 751 joint. then we can decide or advise you what else you may be overlooking to send. BTW.. was your first marriage valid or was it just for greencard purposes?


    I dont have time right now, but will provide you the link that states that the prior marriages must have been valid in order to adjust through another marriege to get greencard.. and furthermore, that if the 1 st marriage was deemed fraud for greencard, the alien will not be able to adjust based on another marriage.

    You are going to have to prove the first marriage anyway, so you may as well file the 751waiver and be ahead of the game.


    Your lawyer filed a letter stating that you never received the interview letter. this is why your 751 is "alledgely pending" awaiting a reschedule 4interview by the couple.

    <span class="ev_code_RED">!</span>Were you divorced already when you received the denial letter and when he advised uscis that you had not received the interview letter?

  9. #9
    ok let me ask u this ..if ur not in a hurry then why r u hiring this guy to file i-130 and i-485 etc.... bcoz u want status right? then get this i-751 going and dont listen to this guy.. did u marry him for green card? listen if ur marriage was real and was entered into a good faith ,then file the waiver with whatever evidence u have and just go there and tell them ,,they will understand ... just tell them i loved him and i he loved me and thats it,,if they dont believe u , then u will go to the court and the judge will either approved ur i-751 if he believe ur story or he will adjust ur status based on ur new marriage,,u might have more evidence but u dont know about it..u said u have 1 years or a joing ank account? do u have all the statments ? if not then contact the bank and ask them to print out all the statments...and iam sure there was mail sent to that address,,try to get them all bcoz it has ur previous address... and then if u can get ur ex to write a letter saying that u guys were in love and etc.... and then divorcd bcoz of whatever reason, this will make u look good,,bcoz they cann't just say ur fraud,,,they have to proov it ,,and thats what that idiot lawyer should told u ,,not they'r not allowed to ask" .. and then try to contact his family members and c if they will write letters ,,and call friends ... and why did u filed only 1 year of a tax return? i mean this have nothing to do with the time? and dont take me wrong ,iam not againts u ,iam just trying to help u , but i just dont get it when u said iam not in a hurry and thats why i wanna file the new i-130 etc.. come on ...why waiting 3 or 4 years if u can get ur 10 years card within months ? think about it,,and remember,,if ur previous marriage was real,,then go for the i-751 ...and they wont ask u for more evidence no,,ur divorced allready ok,,just file wih whatever u have and thats it

  10. #10
    Originally posted by desperate4gc:
    thanks everyone once again for your inputs. To Mike-2007, yea, my lawyer suggested me to file a motion to reopen the case, not appealing. He said that when I file the motion to reopen, I will get the stamp while waiting for their decision. During that time, I can go head and finalize the divorce paperwork and get married to my current bf. To be honest, I am dental school right now and I am super busy with my load of work. Therefore, I am not really following my case very closely, I just gave everything to my lawyer to do it and I just do whatever he said. I guess he told me to do everything all over again because I've told him that I am not in a hurry to get my citizenship or anything as I will be a dentist and have my own office, I won't have to work for government so citizenship is not my priority. My priority when I came to him for help is to be able to continue to go to school here in the U.S legally. I did submit proofs when I applied for my joint I-751 but they were joint tax and joint bank accounts... for 1 year only. Ever since I moved away for college, we hardly had any more proofs. We just finalized the divorce recently (nov 07) so my laywer told me they might ask proofs of our marriage from 01 to 06 (which I don't have any). The only proofs I have are the same stuffs that I submitted for the joint I-751(very minimal stuffs like joint tax, joint bank accounts, marriage photos) And when I applied for waiver, they might/will ask me to submit more concrete proofs which I dont have. My main focus when i came to the U.S was schooling (and I guess that's the reason why my marriage fell apart), therefore, I didn't care much about collecting proofs of my marriage ...


    You have very good proofs

    joint bank accounts, tax returns, these of course should all be proofs that show evidence of a marriage after your 1st interview. You were married togethr as couple for 1 year and seperated in 04. Your 751 was pending since 03.

    you do not need evidences past your point of 751 submitted in 03

    If uscis had your case pending, you had a right to the stamp yearly.

    get affadavits from friends/family per instructions on 751

    all tax returns filed joint
    bank accounts
    lease when you lived together
    car insurance
    video memberships


    I see no problems with your 751 waiver and the interview if your previous marriage was bonafide.

    Withdraw the 751 joint. and File the 751 waiver by yourself with the original proofs and more that you may come up with in ordr to avoid uscis asking for more proofs.. which they will if not enough are sent.

    Good luck.

    You can still marry your boyfiend, just dont submit anything for this marriage until the WAIVER has been adjudicated.

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