Skip to main content

I am applying for Green Card through my USC wife, Have applied before through my first wife but she withdrawal the petition.

Dallas, TX |

I got married my first wife 2 years ago and she petitioned me for green card and after a while we had some conflicts and we decided we don't want to go ahead in this so we didn't go to the interview and the case has been denied because we didn't show up for the interview and case closed and we got divorced , then later on I met my second wife and we dated us together then we got married and she petitioned me for green card, does my first marriage green card petition will make any problems in my second wife petition !?

Attorney Answers 5

Posted

The first marriage and the quik remarriage is going to raise some red flags regardinging marriage fraud. Also, if you did not show up for the initial interview you may have been referred to immigration court for removal proceedings. If this is the case you will need to adjust throught the court.
If you have moved and not changed your address you need to do so. You also nbeed to check with the court to make sure you were not ordered removed.
I suggest you retain an experienced immigration attorney.

Mark as helpful

9 lawyers agree

3 comments

Asker

Posted

The first application just got denied , I did it through an attorney and they informed me the case has closed and adjustment of status has been denied and case closed.my first marriage was in a good faith too , and the period between first and second marriage is 8 months .

Asker

Posted

and I have been maintaining my status because I am student and I have F-1 Visa, until I met my second wife after 8 months from divorce and we decided to get married and she petitioned me for green card, do you think in my situation something I should worry about even I am doing this through an attorney .?

Elizabeth Diane Alvarez

Elizabeth Diane Alvarez

Posted

The fact that the case was denied does not mean you were not referred to Removal Proceedings. A great deal of my practice is focused on removal defense - it's important to realize that usually, unless you formally withdrew the petition, when an Adjustment of Status Petition is denied then the applicant is referred to removal proceedings. I strongly encourage you to contact an immigration attorney experienced in both Adjustment of Status issues and removal defense to discuss your case, such as myself or another colleague in the Collin County area. If you were referred to removal proceedings and you did not know, it's most likely that you've been ordered removed in absentia and would require a Motion to Reopen.

Posted

It can be done but it will be under heightened scrutiny for potential marriage fraud. Please retain counsel for both you and your spouse before engaging in a course of action with USCIS.

Mark as helpful

6 lawyers agree

2 comments

Asker

Posted

My attorney told me that the case has not been referred to immigration court because I have not go to interview and they told me that he has received a letter from USCIS stating that ''adjustment of status has been denying and I have 30 days to appeal'' , I got married with my first wife in a good faith and I have all proofs ,and I am not convicted with anything, it's just an application and we didn't continue in it. and actually I am a student with F-1 Visa , so I just continued in my school, then I met my second wife and we got married after 8 months of divorce and she is petitioning me , so do you think there's anything might be a problem or I should worry about in this case?

Philip Alan Eichorn

Philip Alan Eichorn

Posted

If you have a lawyer, talk with him or her regarding your comments above.

Posted

I agree with attorney Mulder retain counsel before filing. Your attorney can request a copy of your previous filings with a FOIA request. Whatever information was provided in those applications should not conflict with information you provide when applying now (for example date of entry) in addition you are not certain as to what occurred after your failure to appear to interview if your case got referred to the immigration court then you will need to start there.

Mark as helpful

6 lawyers agree

1 comment

Asker

Posted

My attorney told me that the case has not been referred to immigration court because I have not go to interview and they told me that he has received a letter from USCIS stating that ''adjustment of status has been denying and I have 30 days to appeal'' and I am not convicted with anything, it's just an application and we didn't continue in it. and actually I am a student with F-1 Visa , so I just continued in my school, then I met my second wife and we got married after 8 months of divorce and she is petitioning me , so do you think there's anything might be a problem or I should worry about in this case?

Posted

Consult an immigration lawyer before filing anything. I cannot emphasize that enough. Filing on your own can do irreparable damage to your current sitution and prevent you from ever obtaining permanent residence in the U.S. Do not make your current situation worse by going this alone and without an attorney.

If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Good luck to you.

Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
T: (201)875-2600
F: (201)549-8700

Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.

Mark as helpful

7 lawyers agree

Posted

This scenario always make me nervous, unless I know exactly everything that went on with the original permanent residency application. On paper it looks bad, so you must hire competent counsel to assist you at every step. I've been to interviews at the Dallas office and they heavily scrutinize even the most routine cases. Don't make a move without consulting an experienced immigration lawyer.

Mark as helpful

5 lawyers agree

Immigration topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics