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Divorced from a US citizen before USCIS decision, re married to a different one,can I apply one more time to adjust my status

Chicago, IL |

Was married before to a USC but didn't stick ,lots of fighting and then we decided to get divorced,I filled that time to adjust my status but we didn't get any decision from USCIS,it was just waiting for more that 16 months with no decision,and I keep on checking my status online and it still the same from 3 years now . a few months ago i got married again to another USC, now do i have the right to file again to adjust my status ? is it gonna be hard to get approved ? I had and now have a legit marriage,but my ex was a little older . I don't know anything about my first case,and we didn't have kids

Attorney Answers 5


  1. Let's start by applying a little common sense:

    -- you appear to have had an interview with CIS and your first spouse ... which wasn't approved quickly ... this is usually a sign of suspicion on their part as to the bona fides of the relationship

    -- you are now proposing filing a NEW application with a NEW spouse .... all within a SHORT 3 year period of time

    Ask yourself ... would you approve the second marriage when you were suspicious about the first one?

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    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  2. Its unusual that you did not receive a decision after such a lengthy wait. More facts are needed such as whether your entry to the United States was with inspection / with a visa? If so, it appears that you may refile for adjustment based on your current marriage. However, it would be prudent to enlist the services of an immigration attorney, who would help you secure your FOIA records [entire immigration file] before you proceed with your adjustment of status.

    Nothing in this response to your posting on AVVO is intended or should be considered as legal advice to your specific situation. Our posting is intended to provide general information of interest to the public. Facts relevant to your situation and not disclosed in your posting may affect your specific legal rights and remedies.


  3. You will need to demonstrate that both your marriages were bona fide.

    Mr. Shusterman's response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  4. Short answer is - you can apply the second time around. But the second case will always reference the first one, files will need to be consolidated and you would have to show the validity of both marriages. You should work with an experienced attorney and I would start by obtaining your entire record before anything is filed at all.

    This is not legal advice and a client attorney relationship is not created.


  5. It depends on how you entered the U.S., for example if you came as a fiancé, this will not work.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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