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Divorce and remarriage with 485 denied

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  • #16
    The case in point, to me, is not as bad as some here would want it to appear. The OP's previous marriage/AOS application may be asked, so? Look, how would the legal grounds appear if the officer denies the current AOS based on a dissolved previous marriage - without him/her (officer) citing concrete evidence that it was entered into in bad faith. But how? Just be prepared, fully document and speak clearly about the bonafides of your current marriage and you'll be okay.

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    • #17
      Do prepare as much documentation to support the two marriages. If you retained communication with your first husband, his affidavit that the marriage was entered into legitimately would be helpful. He could also affirm your date of separation and any efforts to reconcile.

      Comment


      • #18
        Are you reading what she said? she got remarried ONLY couple days after divorce...and someone has the nerv to say "so???"

        This will be a BIG RED alarm on INS' point of view.

        My 2nd question would be, why was the first marriage ended? why getting married couple days after divorce? how long have u known the 2nd husband? did u come to the US with a fiance visa? or as tourist and got married???

        Despite what anyone says...its not gonna be easy.Lastly...who filed for divroce? the US citizen or YOU???? and my guess is the US citizen filed for divorce...

        I am just a little off here with reading this little story,because this womans post seemed to me by saying "this system sooo easy to deal with" sounds like she is joking,mocking and celebration about it....with no concerns at all.

        don't be surpise if INS is the last ones who'll laugh

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        • #19
          Hey,

          With what type of visa did the person entered in the USA?! Tourist?!, K-3 etc?! because this is very important as well.

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          • #20
            Thank you all sooo much for the advise. I appreciate it all. I can understand all of the points made in the reply. No, I didn't mean the USCIS is a "joke". I meant I am glad to see they won't judge me prior to hearing my case and seeing all of my documented evidence on both marriages. I will keep everyone posted. I will go to my interview with a suitcase of documented eveidence. It's the best I can do.

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            • #21
              One more question, what about the denial letter? The letter said I should leave the US or proceeding will start against me. Does the USCIS issue those and then not follow up? Or should I expect a NTA? My attorney said NO, but I do wonder????

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              • #22
                You and your attorney will have the last laugh, believe you me.

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                • #23
                  Pretty sure its the attorney that will have the best and last laugh;either way he wins ! !!

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                  • #24
                    The OP will have the last laugh. I forgot, the attorney has been laughing all along.

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                    • #25
                      who's the OP??

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                      • #26
                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by HBKHBK:
                        Are you reading what she said? she got remarried ONLY couple days after divorce...and someone has the nerv to say "so???"

                        This will be a BIG RED alarm on INS' point of view.

                        My 2nd question would be, why was the first marriage ended? why getting married couple days after divorce? how long have u known the 2nd husband? did u come to the US with a fiance visa? or as tourist and got married???

                        Despite what anyone says...its not gonna be easy.Lastly...who filed for divroce? the US citizen or YOU???? and my guess is the US citizen filed for divorce...

                        I am just a little off here with reading this little story,because this womans post seemed to me by saying "this system sooo easy to deal with" sounds like she is joking,mocking and celebration about it....with no concerns at all.

                        don't be surpise if INS is the last ones who'll laugh </div></BLOCKQUOTE>

                        Sorry, but this is not the real nature and character of this case; but what you said is what you want the OP to go thru to drive your personal feelings across.

                        This is my last take on this thread. I'm just partial when it comes to women, the reason why I can't easily leave.

                        Comment


                        • #27
                          CKT510

                          If you will give me more detailes I would be able to give you some advice and some well known case for your scenario. Pls tell me what type of visa you eneterd USA so I may be able to give you a more detailed response.

                          Comment


                          • #28
                            Ramolotti: The poster answered this question early on in the thread.

                            "Yes, I arrived on a visitors visa. Yes, I requested the divorce. No fault divorce, he is wonderful person, we just didn't work out. No he did not contact the service. And finally, the USCIS NEVER enforces anything. They are softies!"



                            Visitors Visa. Now you can give your advice.



                            CT...

                            This is a slam dunk. It was to your advantage that you did not go forth with the petitions from the previous marriage. Essentially, this is just like getting married for the first time . as Michael points out no issue of fraud to be proposed as you never went thru with apps.Just bring proofs of both marriages and you will be fine. Good luck this time around.

                            Even if you receive NTA.(USCIS is very slow to issue this in many cases) worst case scenario, is that you will get adjusted by IJ in immigration court.

                            Comment


                            • #29
                              Once again, thanks for all the advise!!

                              Comment


                              • #30
                                Ramalotti,

                                Sorry for not responding, it was a VISITOR VISA. I would be very happy to hear your thoughts. Kindly share.

                                Thanks!

                                Comment

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