Interview – went well- but problem. Married in april 2002 with US citizen for 5 years. Green card Aug, 2005(non conditional).Divorced 12th Jan, 2008. Interviewer “I have no doubt about your present marriage-any documents proving pervious marriage bonafide ?" what should i do? She asked me if I want to submit anymore docs for previous marriage and I said "No cause I already submitted all when I got my green card, you can get it from that file". Officer told me that she will request for my file and take a look at those documents and send me decision. PLEASE GIVE ME INPUT ON THIS.
Requesting a Green card based on a sham marriage is a bar to any future green card visa. If you have a previously approved non-conditional green card based on the prior marriage, there would be no reason to file a new I-130 Petition. Are you sure you don't mean N-400 naturalization? You should definitely consult with an experienced immigration attorney to unravel the facts and legal issues in your case.
Strange. When they adjudicated your previous adjustment they obviously deemed your previous marriage to be bona fide. Just wait is the right answer. Some adjudicators like to play mind games. You could appeal a negative decision if any.
I am confused as well why you are applying for another green card if you already got one through your prior marriage, I would need this explained to fully answer your question BUT GENERALLY... If the Officer is offering you an option to submit more documents to show your prior marriage was in good faith take it and send everything you can to show you really lived together, vacationed together, had assets and debts together, children together, joint bills, insurance, car titles, etc. Get an Affidavit from your prior spouse if you can. The Officer will look at your previous file in any case and if there was a finding of fraud at any time then your problems in getting this case approved are serious and will require that finding to be reversed.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law