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My I-751 was denied, can i get married to a US citizen again and file for a GC

Chicago, IL |

My ex-wife did not accompany me to the interview and my I-751 was denied but i filed I-751 with a waiver right away and few days back my divorce decree was finalized, since then i met someone and we plan on getting married, if i do so can i apply for a GC all fresh and go ahead with the process again?
There was nothing wrong with the first marriage also i have a nice job i dont want to go back and forth on the I-751 process and apply fresh again, can i do that?

Attorney Answers 7

  1. No, a new marriage won't help.

    Meet with an attorney before you make more mistakes.

    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. You can try, but with your past immigration history you will be expected to prove the good faith of BOTH your marriages before USICS will consider granting you permanent residence based on a marriage to a USC. Urgently consult with an immigration lawyer.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  3. If you have already had your I-751 denied for the first marriage, it will not be easy to get a second marriage based petition approved, especially with a hasty marriage. You would do best to hire an attorney to really discuss your options in detail.

    This answer is intended as public information about a legal topic. Answers posted here do not create an attorney-client relationship. For specific legal advice, please make an appointment to speak with an attorney in private.

  4. If you had retained an immigration attorney to assist you with this process, he/she would have advised you that attending the interview without your wife would most likely result in a denial of your I-751. Now that this mistake occurred, it is no longer helpful to try to remove conditions based on a marriage that no longer exists by marrying someone else. Instead, you'd likely have to start all over based on a possible new marriage - IF your waiver is denied. I hope you had an immigration attorney assist you in filing the waiver? If not, it really really is time for you to consult with one. You can see for yourself that this has not worked out too well without an attorney for you, and your questions show you really need some sound legal advice immediately. If you think about it, your I-751 could have been approved by now and you no longer would be dealing with this headache of denials and filing possibly unnecessary waivers, but as it is, do yourself a favor and get an immigration attorney on your side now.

    This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.

  5. If your waiver application is pending USCIS may cite INA 245(d) and deny a new GC application through a new spouse. At this point, I would retain counsel to explore your options, but my general impression is that you should save yourself the delay and cost of a new application and proceed with adjudication of the pending waiver to get the conditions lifted on your current status. It is not clear which waiver request you filed (good faith marriage or hardship), but it does not appear from what you've written that a good faith marriage waiver should not be approved on the basis of the denial - the reason you did not originally seek the waiver seems to be that the divorce was not final yet, not that the marriage was not in good faith. This is all general, of course, and an attorney should review your history and advise you about your options, but the fact that you are now with someone else (even if you marry them) does not prevent USCIS from adjudicating a good faith waiver for the marriage on which your conditional status is based - even years after that marriage has ended. Good luck!

    The information above is general in nature and is not intended to create an attorney-client relationship between us. It is intended simply as background material, is current only as of its indicated date, and may not include important details and special rules that could be applicable to your case. You should consult an attorney directly before acting or refraining from action.

  6. Since your application was denied, and you have no status, you should be eligible to re-adjust based on another marriage.

    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.

  7. Yes this is permissible; however, you will need to prove that both marriages were entered into in good faith and with the intent to build a future together. It would be a good idea to consult with an immigration attorney who will help you with the process and make sure all the documentation is filed correctly.

    The information provided is intended for informational purposes only and should not substitute for the advice and counsel of an attorney. This information does not constitute legal advice. We ask that you consult with a lawyer, as your facts are unique and because each situation requires analysis from many different perspectives. We cannot be responsible if you rely on information based on this website without the consultation of an attorney.

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