Should i close my old immigration case and open a new one? and how? i'm getting a divorce, and getting married again.

Asked about 4 years ago - Venice, FL

Hello! i'm getting a divorce with my husband, who is us citizen, and after the interview i didn't get any answers from USCIS. how should i close my case? so happened that i met another man and we fell in love and we have a baby now, so we want to get married.and i want to apply for permanent residency again through my new husband. is it gonna be that i will have a new case or it can be transfered or i should close my old case and open a new one? how soon after the divorce can we do that? and what steps should i take?

Attorney answers (3)

  1. Fernando Perez III

    Pro

    Contributor Level 8

    1

    Best Answer
    chosen by asker

    Answered . You definitely need an attorney. Normally, with a pending case you would just withdraw it and file with your new husband. The fact that your first case is still pending indicates that Immigration may be thinking your first marriage was a fraudulent marriage entered into just to get a green card. If they make this determination you will probably be put in deportation proceedings and a finding of fraud will prevent you from ever getting a green card. The fact that you are now in married and have a USC child will not matter.

    You need to hire an attorney that is able to handle a potentially sensitive case like yours and who can handle any issue that might come up (like deportation proceedings).

    We would be happy to assist you.

  2. John Davis Hoffman

    Contributor Level 13

    Answered . I agree with Attorney Brooks above that you need to consult with an immigration attorney.

  3. Dianne Louise Brooks

    Contributor Level 11

    Answered . You need to speak with an immigration attorney as soon as possible. It sounds as if your first application will be denied and it is very possible that you will then be placed into removal proceedings, but without seeing your case history I cannot say for sure. On the other hand if your first husband was abusive and you have proof (police reports for example) you may be able to go forward without his cooperation, despite the divorce. You cannot "transfer" your case. Your new husband will have to petition for you (I-130) before you can file to adjust status to permanent residence.

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