I have a I-485 still pending, have not gone to the first interview, but unfortunatley my marriage didn't work and we are filling to divorce... I fall in love with someone else and we want to get married and apply again. I understand my actual husband would have to withdraw the I130 but my concern is if I can use the same I485 application I have pending or I should also withdraw it and fill a new one after I get married again???
Withdraw the current I-130 and I-485. You will need to refile and pay the filing fees again.
I agree with my colleague. You will be in a much better situation if your withdraw you application. Once your I-485 is denied, you can refile on the basis of the new marriage. Please make sure you get the help of an experienced immigration attorney. Your case will be scrutinized because USCIS is going to argue that "you have been shopping around for US citizen husbands in order to obtain your green card". You have the burden of proof to show that you marriage is in good faith and not for the purposes of evading the immigration laws.
Guerra Saenz, PL--Immigration Attorneys (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.
I agree best course of action is to withdraw the I-130, and NO you can't use the same I-1485 application. You will be required to file a new I-130/I-485 and like Attorney Guerra mentions the new marriage will be highly scrutinized so please retain an Immigration Attorney before filing the new applications.
Morales Law Firm P.A. 2100 Coral Way Ste 703 Miami, FL 33145 (305) 851-7856 This response is not offered as legal advice, but is only a general informational response for public interest. No one reading this is authorized to claim that an attorney client relationship exists with this writer or the writer's law firm.
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