I filed I-360 as a battered spouse a year ago and was denied because I remarried someone else. Can I apply for I-130 and I-485?

Asked over 1 year ago - Los Angeles, CA

I came into the country on a visitor visa and then after being married to someone else for a while, I filed I-360 as a battered spouse a year ago and was denied because I remarried someone else. They said that since I remarried someone else within a few months, there is no longer a qualfying relationship for my I-360. I know my new spouse has to file an I-130 for me, but do we also do the I-485 now that I'm denied or do we have to do the 601A waiver?

Attorney answers (3)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . No waiver needed. Yes, you will have to file an I-485 package in order to adjust status to permanent residence, assuming your new husband is a USC.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  2. Tripti Sharad Sharma

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . I agree with my colleagues.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more
  3. David Eli Larson

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . I believe that you and your new US citizen (USC) spouse may file the Form I-130 and Form I-485 together at the same time, and that you will not need to file Form I-601A. This opinion isbased on several assumptions: 1. Your new spouse is a USC. 2. You have not departed from the US since your entry as a visitor. 3. You have no gound of inadmissibility other than overstaying your authorized visit. Given you somewhat complicated facts, you should retain an immigration lawyer to help you through the process.

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