Can I file I-485 application based on another marriage after it was denied the first time I was married?

Asked over 5 years ago - Miami, FL

I got married to my husband and we applied for permanent residency for me. but after the interview our case was denied. we sent an appeal within 30 days and I did not hear from Immigration for over a year. by that time me and my hausband separated but did not get divorsed. I started new relationship and so he did. Now with my application denied, I am out of status in the country. but my boyfriend is willing to do anything for me to stay here. is it possible to file a new case based on another marriage after the first one was denied and the marriage did not work out???

Attorney answers (2)

  1. Maria Fuster Glinsmann

    Contributor Level 14

    Answered . The short answer is "maybe". The answer depends on the basis for denial in the first case.

    If USCIS determined that the first marriage was a "sham marriage", then that finding has poisoned the well. A sham marriage is a bar to any other immigration benefits. You must overcome that finding, when prosecuting the second case with evidence that the marriage was not a "sham". The best evidence of a good faith marriage is proof of commingled finances, evidence of cohabitation, and children born of your marriage.

    The second relationship will also be scrutinized under the same standard.

    Work with experienced immigration counsel to provide thorough evidence for both marriages and overcome the original basis for denial. Immigration law is a federal practice and we can assist you if you are unable to find competent local counsel.

  2. Rachel Baskin

    Contributor Level 13

    Answered . You do not state in your post the reason that your first marriage application was denied. If USCIS made a determination that it was a fraudulent marriage, then you may not be able to file a new petition if you re-marry. You should definitely consult with an immigration attorney who will need to review your entire immigration history, along with the case that was filed with USCIS with your first husband, the denial and the appeal. Once an immigration attorney reviews this, he/she will be able to advise you regarding your options and rights at this point.

    Please note that content of this reply does not constitute legal advice or create an Attorney/Client relationship in the absence of an agreement for legal services/retainer with my office. This is just a place to start in deciding what to ask your lawyer.

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