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Divorced(AOS still pending) & Now Remarried(filing new AOS?)

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  • Divorced(AOS still pending) & Now Remarried(filing new AOS?)

    Came on a J1 visa in 2003, got married to USC in late 2004 and applied for AOS. The interview went well, we did present lease with both our names listed, joint bank accounts, health and auto insurances, phone bills and pictures and so on.

    However it was later denied stating that at the time of the interview we had lived under different addresses and had failed to specify when I and my wife would move together again. The reason we had lived in different cities was because our jobs. Five months after we got married my wife took a job in another state and I couldn't follow her because I still had my job and couldn't find any closer. We explained this clearly to the interviewing officer. The interview was videotaped too and it never crossed our mind to submit a letter or something in writing that would stay on the record as well. Also there were signs that the denial letter was prepared in a haste, instead of my wife's name on the paper,it appeared some stranger's name, probably form a previous case (must have forgotten to update the names accordingly). Also no mentioning about most of the evidence submitted and the videotaped interview.

    Anyway, she filed a 'Motion to reopen' within 30 days, explaining the situation in details again. The motion was granted and is still pending (or so I believe, I haven't heard from BCIS ever since).

    Shortly after instead of moving back together, we got into lots of arguments, things went sour and our marriage ended in divorce. We still talk to each other and are on okay terms.

    It's been more than a year now since the divorce, and my current girlfriend and I just got married. She had a previous marriage as well, she's the USC.

    Currently my visas and passport are expired, all I have is the pending AOS application, which I guess it won't be approved because we got divorced in the meantime.

    My questions would be:

    The first marriage lasted less than 2 years (18months only) when the divorce became final. Does this matter if a new AOS package will be filed based on the new marriage?

    Do I have to ask my ex-wife to withdraw her petition that is still floating around before filing a new aos?

    Will I need a lawyer at this stage or can we do the filing and attending the interview on our own?

    Thanks for your time and posts!

  • #2
    Came on a J1 visa in 2003, got married to USC in late 2004 and applied for AOS. The interview went well, we did present lease with both our names listed, joint bank accounts, health and auto insurances, phone bills and pictures and so on.

    However it was later denied stating that at the time of the interview we had lived under different addresses and had failed to specify when I and my wife would move together again. The reason we had lived in different cities was because our jobs. Five months after we got married my wife took a job in another state and I couldn't follow her because I still had my job and couldn't find any closer. We explained this clearly to the interviewing officer. The interview was videotaped too and it never crossed our mind to submit a letter or something in writing that would stay on the record as well. Also there were signs that the denial letter was prepared in a haste, instead of my wife's name on the paper,it appeared some stranger's name, probably form a previous case (must have forgotten to update the names accordingly). Also no mentioning about most of the evidence submitted and the videotaped interview.

    Anyway, she filed a 'Motion to reopen' within 30 days, explaining the situation in details again. The motion was granted and is still pending (or so I believe, I haven't heard from BCIS ever since).

    Shortly after instead of moving back together, we got into lots of arguments, things went sour and our marriage ended in divorce. We still talk to each other and are on okay terms.

    It's been more than a year now since the divorce, and my current girlfriend and I just got married. She had a previous marriage as well, she's the USC.

    Currently my visas and passport are expired, all I have is the pending AOS application, which I guess it won't be approved because we got divorced in the meantime.

    My questions would be:

    The first marriage lasted less than 2 years (18months only) when the divorce became final. Does this matter if a new AOS package will be filed based on the new marriage?

    Do I have to ask my ex-wife to withdraw her petition that is still floating around before filing a new aos?

    Will I need a lawyer at this stage or can we do the filing and attending the interview on our own?

    Thanks for your time and posts!

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