Sponsoring family-based after employment based petition withdrawn?
Some time ago I sponsored an alien for a household position. Form I140 was approved and the person filed for her green card. However, not longer later I got divorced and I withdrew form I140 because the household position was no longer offered. Later, turn of events caused me and the sponsored person to fall in love. We moved in together and she withdrew her pending employment-based green card petition. Now I am thinking to marry the same person. I am a naturalized U.S. Citizen. I wonder if that can be a problem? That is because I first sponsored the person via employment-based petition, and now I am thinking to marry her and sponsor her via family-based petition once she becomes my spouse. Please advise. Thank you.
2 attorney answers
Should not be a problem if can convincingly prove during the interview of yours being a genuine marriage, one entered for love. You will be extensively questioned as to, among others, "when you started dating" and etc., etc. Make sure an experienced attorney prepares and files this case, as well as properly prepares you for the types of questions you will be facing during the interview, the documentary evidence you have to accumulate and bring, and of course, you have to have a lawyer accompany you to the interview.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 25 years of successful immigration law experience. The answer above is only general in nature and 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.
If you are in a genuine marriage, you may file an I-130 petition for your spouse. It is certainly an unusual case. Consider hiring an attorney to ensure the case is filed properly and presented with strong supporting evidence. Best of luck
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